However, if you live in a community governed by a Homeowners Association (HOA), you may face unexpected restrictions that make ADU construction more challenging. While HOAs can regulate certain aspects of property modifications, they cannot impose restrictions that violate state laws or unfairly limit homeowners' rights.
If your HOA is trying to block your ADU project, it is important to understand your options. An HOA attorney can help determine whether the association’s restrictions are legally enforceable.

The Limits of HOA Authority Over ADUs

While HOAs have some control over community standards, their ability to regulate ADUs is restricted by state laws in California and Florida. Many homeowners mistakenly believe that their HOA has complete authority over their property, but in reality, the law protects homeowners from unreasonable HOA interference.
Some ways HOAs attempt to impose unlawful ADU restrictions include:
Claiming that ADUs are prohibited under outdated HOA rules.
Delaying or refusing to process ADU applications.
Requiring excessive modifications that drive up construction costs.
Enforcing selective restrictions on some homeowners but not others.
If your HOA is imposing unnecessary barriers, a homeowner association lawyer can assess whether the restrictions are legally valid and help you challenge them.

How California and Florida Laws Protect Homeowners' Right to Build ADUs

Both California and Florida have enacted laws that limit an HOA’s ability to prevent homeowners from building ADUs. These laws:
Prohibit HOAs from completely banning ADUs in single-family residential areas.
Restrict the level of control HOAs can exercise over ADU design and placement.
Require HOAs to approve ADUs that meet state and local requirements.
Prevent HOAs from adding excessive costs, fees, or special assessments to discourage ADU construction.
If your HOA is ignoring these legal protections, you may need to sue HOA leadership to enforce your rights. HOA attorneys in California & Florida can help you navigate these disputes and hold your association accountable.

What Are Reasonable Restrictions Vs. Unlawful HOA Regulations?

While HOAs have some authority to regulate property modifications, they must adhere to state laws and cannot enforce unreasonable restrictions that prevent ADU construction entirely. Examples of reasonable restrictions include:
Guidelines on ADU exterior design to maintain community aesthetics.
Noise control measures for rental ADUs.
Parking regulations that align with city or county requirements.
However, many HOAs attempt to impose restrictions that go beyond what is legally permitted. Unlawful HOA actions may include:
Completely prohibiting ADUs in communities where state law allows them.
Requiring excessive fees or unnecessary procedural delays.
Placing unfair rental restrictions that limit homeowners’ ability to lease an ADU.
If your HOA is imposing unreasonable restrictions, an experienced attorney can help you determine whether a legal dispute is necessary to enforce your rights.

The Role of the Board of Directors in ADU Approval

The board of directors of an HOA is responsible for interpreting and enforcing the community’s governing documents.
However, many homeowners in disputes over ADU construction find that their board is either misinterpreting state laws or selectively enforcing restrictions. Common board actions that may require legal intervention include:
Failing to process ADU applications in a timely manner.
Implementing new rules after homeowners have already started the approval process.
Ignoring state-mandated limitations on HOA authority over ADUs.
Selectively approving ADUs for some homeowners while denying others.
If your HOA board of directors is exceeding its authority, seeking legal counsel from a skilled attorney can help ensure that your ADU rights are upheld.

Strategies for Working Around HOA Restrictions on ADUs

If your HOA is making it difficult to get approval for an ADU, there are several strategies homeowners can use to work around unreasonable restrictions:
Review the HOA’s Governing Documents: Carefully check the association’s CC&Rs and bylaws to determine whether the rules align with state laws.
Negotiate with the HOA Board: In some cases, presenting your ADU project in a way that meets aesthetic guidelines can help gain approval.
Seek Variances or Legal Exemptions: Some state and local laws allow homeowners to bypass HOA restrictions under certain conditions.
Challenge Selective Enforcement: If the HOA has approved ADUs for other homeowners but denies your request, this may be grounds for legal action.
Pursue Legal Action if Necessary: If the HOA refuses to comply with state law, an HOA attorney can help you file a lawsuit to move your project forward.
Our HOA disputes attorneys can guide you through these strategies and take legal action if necessary to protect your property rights.

Legal Recourse for Homeowners Facing HOA ADU Restrictions

When an HOA unlawfully blocks ADU construction, homeowners may need to take legal steps to enforce their rights. Some reasons to sue HOA leadership include:
The HOA has ignored state-mandated ADU protections.
The HOA imposes excessive application fees or unnecessary approval requirements.
The HOA enforces ADU restrictions inconsistently among homeowners.
The HOA threatens fines or legal action despite state law allowing ADUs.
Taking legal action against an HOA can be complex, but a homeowner association lawyer can help you build a strong case and ensure that your property rights are protected.

Alternative Dispute Resolution for HOA Conflicts Over ADUs

Before taking legal action, homeowners may consider alternative dispute resolution methods to resolve conflicts with their HOA. These processes allow homeowners and HOAs to negotiate solutions without going to court. Common resolution methods include:
Mediation: A neutral third party helps facilitate discussions between homeowners and the HOA to find a compromise.
Arbitration: A legal professional hears both sides of the dispute and makes a binding or non-binding decision.
Direct Negotiation: Homeowners can work with a skilled attorney to communicate with the HOA board and reach a fair resolution.
If your HOA refuses to comply with state laws or continues to impose unlawful restrictions, legal dispute resolution through litigation may be necessary.

Discuss Your HOA Dispute With a Skilled Attorney Today

If your HOA is interfering with your ADU construction plans, you do not have to face the battle alone. LS Carlson Law is committed to helping homeowners challenge unfair HOA enforcement actions and navigate legal disputes effectively.
Contact LS Carlson Law today to speak with a homeowner association lawyer and take the first step in securing your ADU rights.