In California, Can an HOA Actively Prevent You From Building an ADU?

With the housing market in California in such chaos, a growing number of people are considering establishing accessory dwelling units (ADUs) on their own property. For instance, a secondary dwelling unit might provide both a place to live and a source of income for a struggling parent or adult kid. But what if your HOA finds out? Can they prevent you from constructing an ADU?

California Homeowners Associations

To put it another way, there is no straightforward yes or no response to this question. While HOAs have the authority to place limits on the sorts of structures allowed inside their communities, they must nevertheless abide by the laws of the states and towns in which they are located. Numerous restrictions are in place in California to protect landowners’ rights to construct ADUs.

The 2016 Assembly Bill 2215 prevents homeowners’ associations from putting unjustified limits on property owners’ rights to build ADUs on their land. Senate Bill 13, also known as the Accessory Dwelling Unit Act, was approved in 2017 and simplified the licensing process for ADUs constructed on private property. Lastly, under Assembly Bill 2406, which was approved in 2018, HOAs must allow the construction of ADUs up to 1200 square feet in size.

ADUs Are Becoming Increasingly Popular

ADUs are small dwellings that share many of the same amenities as the main house. Increasing demand for such units may be attributed to the state of California, where rising property prices and a scarcity of suitable land have created a need for more affordable housing options. Long-term ADU leasing allows homeowners to generate money that can be used to pay off debts.

ADUs seldom require new construction or major modifications because they are often located at the back of houses or on smaller lots with no buildings. As a result, in expensive real estate markets, they may be a prudent and cost-effective alternative for homeowners. In today’s competitive real estate market, an ADU might be the answer to your problems. Before you begin, though, you must first comprehend how things are put together.

The Building Techniques Used

Creating an ADU may be a time-consuming and labor-intensive project. As a first step, investigate the appropriate legislation and zoning requirements in your area, as well as the services offered by the builder you’ve chosen. Choosing a qualified ADU building firm, such as Acton ADU, allows you to interact directly with the team to guarantee that your ADU is built to your specifications. You can rely on their designers to help you create a one-of-a-kind structure that compliments your present house.

Their knowledge and abilities will ensure the longevity of your new ADU. Acton ADU will help you fulfill your vision for a beautiful and functional ADU, whether you want a simple and minimalist design or an exciting addition to your home’s living area. For additional information about their techniques, please click here.

How Do HOAs in California Control ADU Construction?

Homeowners’ associations (HOAs) in California may be highly restrictive when it comes to the development of new housing units. Both minimum and maximum lot sizes, as well as a prohibition on certain construction materials, may be specified. Some homeowners’ associations even have rules on how loud gatherings may be and if dogs are allowed.

Homeowners, on the other hand, have several alternatives for circumventing these restrictions. For instance, the homeowner might approach the HOA and request approval for the proposed ADU to build. Instead, they might hire an HOA attorney to challenge the property limitations. California homeowners who are proactive and follow the proper processes while dealing with their HOA may be able to prevent or decrease issues when building an ADU.

How to Determine If Your HOA Will Allow an ADU

The first step in determining whether to build an ADU on your home is to get permission from your housing authority. Before you begin building:

  • Check to discover whether your selected community’s HOA regulations allow for the construction of an ADU.
  • To learn more about the limitations that apply to you, visit the HOA’s website or chat with a representative.
  • Call an ADU-experienced real estate agent; they can shed light on local zoning limits and recommend trustworthy builders that specialize in the construction of secondary structures such as ADUs.

When you study and prepare for an ADU, you have the freedom and resources to design a space that meets your needs while also complimenting the natural setting of your property. As a result, if you’re serious about evaluating if an ADU is a viable option for you, you should get started right away.

How to Get HOA Clearance for Your ADU

It is vital to work closely with your HOA while planning the building of an ADU in Dublin, CA. Here are some pointers to help you do this work as quickly and efficiently as possible:

  • Be as open and honest as possible in your talks with the HOA. The more transparent and honest you are about your goals, the easier it will be for people to comprehend where you’re heading. As a result, they are more likely to provide their blessing and acceptance.
  • Examine all zoning and planning requirements thoroughly. Before you begin, you should be aware of the limits imposed by your HOA since your HOA may have criteria or restrictions that must be satisfied in order for your project to be allowed. You should also consult with a professional architect or builder to ensure that your ADU conforms with local building requirements.
  • Setting a fair starting point for your ambitions would be beneficial to you. When gaining HOA authorization, it is crucial to be fully committed to a certain design or concept, as this may impair your ability to work closely and efficiently with them during the application process. If you have an open mind, you’ll have a far better chance of finding common ground with your association and creating a strong relationship with them.

Final Thoughts

Even if your HOA isn’t thrilled with the concept, they can typically only prevent you from constructing an ADU if you follow all of the rules. Numerous regulations exist in California to protect landowners’ rights to build ADUs. Only if you violate the laws will your HOA respond to your proposals. Call Acton ADU to learn more about how they may assist you in developing a strategy for your HOA to consider. They are sure to help you with their extensive understanding of zoning restrictions in over 40 California communities.

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