Overview
California law makes it clear that HOAs cannot unreasonably restrict or delay the construction of Accessory Dwelling Units (ADUs) or Junior ADUs (JADUs). Knowing that California public policy strongly protects the right of HOA members to build ADUs on their properties, many HOAs from HELL work hard to get around the ADU laws to frustrate homeowners into giving up. They do this not with outright denials, but with delays, endless (and illegal) demands for plan revisions, or claiming that applications are “still under review.”
This Fact Sheet explains how long your HOA can take to act on an ADU application, why delay can be treated as a denial, and what steps you can take to keep the process moving. Homeowners who know these rules are in a stronger position to challenge stalling tactics and protect their rights.
For a deeper dive into this topic, see my articles “What to Do If Your HOA Delays or Ignores Your ADU Application” and “Can My California HOA Legally Block an ADU?”
You can also listen to an episode of my HOA HELL podcast, “Can My California HOA Stop Me From Building an ADU,” where I discuss California ADU laws and the games HOAs play to block them.
Key Points
You can use this checklist to understand your HOA’s legal limits when it comes to ADU approval timelines.
- Civil Code 4751 prohibits unreasonable restrictions. HOAs may not adopt or enforce rules that “unreasonably restrict” the construction or use of an ADU. That includes using delay as a backdoor denial.
- Civil Code 714.3 also prohibits unreasonable restrictions. Amended as part of AB 130, Civil Code 714.3 clarified that “reasonable restrictions” on ADUs were those that didn’t unreasonably increase costs or effectively prohibit their construction. It also made it clear that ADU-related “fees” were prohibited.
- Government Code 66317 sets an “advisory” benchmark. Cities and counties must act on ADU applications within 60 days. While this law doesn’t expressly bind HOAs, many experts, including myself, argue that it should apply to them because HOAs are quasi-governmental entities. At minimum, it sets a strong “reasonableness” standard.
- 45–60 days is the practical limit. If a board takes longer than 60 days without issuing a clear written decision on your ADU application, it will probably be deemed an unreasonable restriction. That’s when you should get serious with your board, including possibly involving the attorneys at my law firm, MBK Chapman.
- Delay tactics / red flags. Vague references to “review,” shifting goalposts, or repeated requests for unnecessary documents are signs of unlawful stalling.
- Demand everything in writing. If your HOA claims your submission is incomplete or under review, ask for a written explanation of what is missing and request that your board cite the legal authority upon which it is basing its position.
- Use Internal Dispute Resolution (IDR). If you think it will help, you could consider participating in IDR by submitting a written demand for IDR. Submitting such a demand forces the board to meet with you and explain the delay. Refusal is itself a violation (Civil Code 5910).
- Document and escalate. Keep records of all submissions, correspondence, and timelines. If delays persist, you will need this documentation to hold the HOA accountable in court. That’s where my law firm comes in.
Timelines matter. When an HOA drags its feet on an ADU application, it’s not bureaucracy—it’s a denial in disguise.
FAQs
How long can a California HOA take to act on my ADU application?
While the law does not set a precise number of days for HOAs, delays longer than 45–60 days without a clear written decision are generally unreasonable and can be treated as an unlawful restriction. Personally, I wouldn’t act until the 60-day mark, but I think 45 days is plenty of time.
Does Government Code 66317’s 60-day rule apply to HOAs?
The statute expressly applies to cities and counties, but many experts, including myself, argue that HOAs, as quasi-governmental entities, should also be bound by the 60-day limit. At minimum, the rule sets a strong benchmark for what counts as “reasonable.” This is why I recommend not acting until 60 days has passed.
What are common delay tactics used by HOAs?
Boards often claim applications are “under review” for months, demand duplicative documents, or shift requirements after you’ve already complied. Some bad HOAs try to attach fees to ADU applications or construction despite Civil Code 714.3’s prohibition of such fees. These tactics are designed to discourage you from moving forward.
What should I do if my HOA claims my ADU application is incomplete?
Ask for a written explanation of exactly what is missing and cite Civil Code 4751. If the board cannot provide a valid legal or governing document citation, the delay is likely unlawful.
How can I push back if my HOA is dragging its feet?
Absolutely. And you should. If you think it will accomplish anything, you could try demanding IDR. HOAs are required to participate in IDR if a homeowner makes a written demand that it do so (Civil Code 5910). If you don’t think IDR is worth your time, or if IDR doesn’t get you anywhere, it might be time to consult with an attorney that has deep expertise in California HOA laws, such as MBK Chapman.
Is my HOA’s delay in processing my ADU application itself considered a denial?
Yes. Unreasonable delay is treated as an unreasonable restriction under Civil Code 4751. If your HOA will not issue a timely decision, you can challenge the delay as unlawful.
About MBK Chapman Fact Sheets
Homeowners searching for answers online will often come across articles that appear authoritative, but are actually written as search-engine marketing content rather than by an experienced HOA lawyer. These pieces tend to prioritize keyword density over clarity, accuracy, or legal context, which often leaves homeowners more confused than informed.
At MBK Chapman, our Fact Sheets are part of our HOA Law Library and are written by Michael Kushner, an HOA lawyer with decades of hands-on experience representing California homeowners. In fact, Michael Kushner is the HOA lawyer who pioneered the systems and strategies used by some of California’s most successful homeowner-side HOA law firms.
Each Fact Sheet is deliberately concise, statute-based, and designed as a quick-reference guide to help homeowners understand key HOA laws and enforcement rules at a glance.
AND DON’T FORGET TO TUNE INTO MY PODCAST, HOA HELL
YOU CAN ALSO ORDER MY GROUNDBREAKING BOOK
HOA HELL | California Homeowners’ Definitive Guide to Beating Bad HOAs
Amazon | Barnes & Noble
