WHAT SHOULD YOU DO IF YOUR HOA DELAYS YOUR ADU APPLICATION?
OVERVIEW
California law gives homeowners broad rights to build Accessory Dwelling Units (“ADUs”), but that doesn’t stop some HOAs from intentionally dragging their feet or putting up roadblocks to delay the process. Whether it’s excessive paperwork, unexplained delays, or vague claims that your plans are “under review,” bad HOA boards often use procedural slowdowns as a means of preventing construction that they don’t like. And too often, those tactics work—not because they’re legal, but because homeowners don’t know how to push back. In reality, these delay strategies often violate state housing law and can open the HOA to significant liability.
This article explains what to do if your HOA is unreasonably delaying your ADU application. You’ll learn how to spot the most common delay tactics employed by bad HOA boards, what California law requires in terms of timing and review standards, and how to hold your HOA accountable if they cross the line.
For a deeper dive into what your HOA can and cannot regulate when it comes to ADU construction, read my other articles on the subject: “California HOA Restrictions on ADU Construction: What’s Legal and What’s Not?” and “Can My California HOA Legally Block an ADU?” Or, if you’d prefer to take a look at a quick reference guide ADU laws in California HOAs, then you can click on my Fact Sheet: “Can California HOAs Block ADUs? What the Law Says About HOA Restrictions on ADU Construction.”
IS YOUR HOA DELAYING YOUR ADU APPROVAL? WATCH FOR THESE COMMON TACTICS
While not all ADU-related delays are unreasonable or unlawful, far too many are. Bad HOA boards rarely come out and directly block your ADU. Most of them know that they wouldn’t get away with that. Instead, they rely on a predictable playbook of soft obstruction: vague review timelines, repeated requests for minor revisions, or routing your application through multiple layers of “design review” that serve no legitimate purpose. These tactics are designed to wear you down, increase your costs, or cause enough delay that you abandon the project.
Here are some of the most common delay methods used by HOAs:
- Prolonged Inactivity. Weeks or months pass without any response, and when you follow up, you’re told the board is still “reviewing” your plans. You’re provided with no explanation or estimated timeline.
- Excessive Documentation Requests. You’re asked to provide new or duplicative documents that go far beyond what the governing documents or state law require (e.g., an impact report or neighbor sign-offs).
- Looping Reviews. Your plans are conditionally approved but then sent back for minor changes that trigger a new round of review and restart the timeline.
- Non-Existent Rules. The board insists your ADU doesn’t comply with certain “requirements,” but those requirements don’t appear in the CC&Rs, architectural guidelines, or any published section of your HOA’s governing documents.
- Architectural Committee Gamesmanship. Some HOAs route ADU requests to architectural committees with no meeting schedule, no quorum, or no authority to act, creating indefinite limbo.
- Shifting Goalposts. You fix one alleged issue, only to be told a different one now prevents approval, creating a moving target.
None of this is how the process is supposed to work. California law doesn’t empower HOAs to regulate ADUs however they see fit. On the contrary, and law places strict limits on how much authority your HOA is supposed to exercise in terms of your ADU, as well as how long they can take to exercise that power.
CALIFORNIA LAW LIMITS HOW LONG YOUR HOA CAN STALL YOUR ADU PLANS
Under California’s ADU laws, HOAs are not allowed to drag out the approval process indefinitely. While associations can require homeowners to submit plans and go through the association’s normal design review process, they cannot use that process as a pretext to arbitrarily delay or block construction. The law is clear: any reasonable application that complies with the HOA’s published standards must be reviewed and acted upon in a timely manner.
The controlling statute is Civil Code section 4751, which prohibits HOAs from imposing or enforcing any requirement that “unreasonably restricts” the construction or use of an ADU or Junior ADU. This section makes clear that HOAs cannot delay, obstruct, or deny otherwise lawful ADU construction by citing their own internal rules. In short, under that law, HOAs are expressly prohibited from adopting or enforcing any restriction that “unreasonably” limits the construction or use of ADUs and JADUs.
Many people point to 60 days as a reasonable marker, citing Government Code section 66317 (previously codified at Gov’t Code, § 65852.2). That law requires government agencies to act on ADU applications within 60 days. And while that same deadline does not explicitly govern HOAs, it is instructive. When HOAs conduct design reviews related to ADU construction in their communities, they are not acting as permitting agencies in the legal sense, but they are performing a gatekeeping function with real-world consequences. If a city is required to act within 60 days, it stands to reason that an HOA should be held to a similarly reasonable timeline.
This is precisely why many experts, myself included, also argue that Government Code section 66317 applies to HOAs. We argue that in the context of common interest developments, HOAs are acting as quasi-governmental entities, and thus could argue for the 60-day limit. Regardless, it’s clear that HOAs are expressly prohibited from adopting or enforcing any restriction that “unreasonably” limits the construction or use of ADUs and JADUs. [Notwithstanding my opinion regarding Government Code section 66317, I also happen to believe that 45 days is quite long enough. If a board can’t respond within six weeks to a properly submitted ADU application, it’s usually a sign that the delay is intentional rather than procedural. But that determination requires a case-by-case analysis.]
The bottom line: HOAs don’t get unlimited time to make up their minds. The law recognizes that delay is itself a form of denial—and that is impermissible.
HOW TO PUSH BACK WHEN YOUR HOA IS STALLING ON YOUR ADU APPLICATION
If you suspect that your HOA is intentionally delaying your ADU application, don’t wait passively. The longer you remain silent, the more latitude the board has to continue its delaying tactics. Instead, take proactive steps to create a paper trail, clarify your rights, and increase the pressure on the association to act.
- Request written clarification. If the board claims your application is incomplete or “under review,” ask for a written explanation. What specific documents are missing? What standards haven’t been met? Vague or evasive answers are a red flag and they help build your case.
- Cite your rights under state law. Politely remind the board that ADU construction is protected by California statute and public policy. They are allowed to review your plans, not obstruct them. Cite Civil Code section 4751.
- Check the governing documents. Review your HOA’s CC&Rs and architectural guidelines. If the board is relying on unpublished “standards” or introducing new requirements mid-process, you will have grounds to challenge the legitimacy of their review.
- Talk to an HOA attorney. If the HOA continues to stall or imposes arbitrary conditions, it may be time to seek legal help by coming to an HOA expert.
Most homeowners assume that their HOA’s delays are just bureaucracy or benign inefficiency. But in the ADU context, those delays often signal resistance. Recognizing the signs early and responding strategically is the best way to avoid unnecessary costs, missed construction windows, or the quiet death of your project.
CONCLUDING THOUGHT
California’s ADU laws are meant to expand housing options, not give HOAs new ways to obstruct them. While boards do have a role to play in reviewing architectural plans, that role has significant limits. If your HOA is using delay as a weapon, it’s not just overstepping. It’s probably violating California law. Don’t let silence or stalling derail your ADU project. Understand your rights, document the timeline, and be prepared to escalate. Delay is not compliance, and you don’t have to accept it.
You can access my podcast episode on California’s HOA laws surrounding ADUs by clicking: “Can My California HOA Stop Me From Building an ADU?” You can also find the podcast on various podcast platforms, including Amazon and Apple.