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Can My California HOA Legally Block an ADU?

by | HOAs, Real Estate

CAN MY CALIFORNIA HOA STOP ME FROM BUILDING AN ADU ON MY PROPERTY?

OVERVIEW

As California pushes for more housing density through Accessory Dwelling Units (“ADUs”), many homeowners are hitting an unexpected wall: their HOA. Even though California law now guarantees the right to build an ADU in most single-family zones, some homeowners’ associations still attempt to ban them outright, and many others work to indirectly prevent ADU construction by engaging in a variety of schemes, such as stalling the approval process or inventing rules that make construction impractical to much more expensive. The frequent result is confusion, delay, and in some cases, abandonment of the project altogether.

This article answers a simple but critical question: Can your HOA legally block your ADU? You’ll learn what California law says about HOA restrictions, what powers your association still has, and what to do if your board is using outdated CC&Rs (or other governing documents) or backdoor tactics to deny your project. If you’ve been told your ADU “doesn’t comply,” or if your board is slow-walking your application, you need to know what’s enforceable and what isn’t.

If you’d like to watch an episode of my podcast where I do a deep dive into California’s ADU laws and how they apply to California HOAs, click: “Can My California HOA Stop Me From Building an ADU?”

CAN YOUR CALIFORNIA HOA LEGALLY BLOCK YOUR ADU?

The short answer is no, your HOA cannot legally prohibit you from building an ADU. That’s because California law explicitly protects a homeowner’s right to build an ADU or Junior ADU (“JADU”) on their property. [The main distinction between an ADU and a JADU is one of size. ADUs are self‑contained secondary residences—i.e., they include sleeping, cooking, and bathroom facilities that are generally no larger than 1,200 sq ft and either attached to or separate from the main home. JADUs, on the other hand, are never larger than 500 sq ft, have separate exterior access, are located entirely within a separate or detached structure or the primary home, don’t contain a full kitchen, and have no private bathroom (i.e., must share with the “main house”).]

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 experts, including myself, also argue that Government Code section 66317 (previously codified at Gov’t Code, § 65852.2), applies to HOAs who, in the context of common interest developments, act as quasi-governmental entities. 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.

What this means for homeowners is simple: if your ADU complies with local zoning and state regulations, your HOA cannot block it just because the board doesn’t like ADUs or believes they don’t “fit the community aesthetic.” Even if your HOA’s governing documents include language about detached structures, guest houses, or so-called “granny flats,” those provisions are unenforceable if they conflict with current state law.

While HOAs are allowed to impose reasonable design or placement restrictions, such as requiring that the ADU match your home’s exterior or conform to community-wide safety standards, they can’t flatly deny your application based on aesthetics or personal preference.

EXAMPLES OF ILLEGAL HOA TACTICS TO BLOCK ADU CONSTRUCTION

Even though California law prevents HOAs from outright banning ADUs, many associations still try to get around those limitations by using indirect or procedural tactics. These aren’t labeled as denials. Instead, they’re disguised as “incomplete applications,” “design concerns,” or “pending reviews” that drag on for weeks or months. These tactics often deter homeowners from moving forward, which is exactly the point.

For example, here are some of the most common ways that HOAs try to block ADUs without saying no outright:

  • Delaying the application indefinitely. The board claims it hasn’t received the required documents, or says the submission is incomplete, without explaining what’s missing. These tactics create uncertainty, discourage persistence, and allow the HOA to avoid issuing a formal decision that could be challenged.
  • Citing outdated or irrelevant CC&R language. Many governing documents contain clauses that predate current ADU law. Boards will sometimes point to those sections as a reason to deny your request even though Civil Code section 4751 overrides any provision that “unreasonably restricts” ADU construction. Sometimes this occurs because of ignorance, and sometimes it’s intentional. Either way, it’s illegal.
  • Requiring additional studies or special approvals. Some HOAs attempt to impose additional hurdles that have the same effect as denying an ADU application. For example, an HOA might require a homeowner to submit design renderings, landscape plans, neighbor consents, or third-party parking analyses that aren’t required by law. These hoops are designed to make the process more difficult or expensive, and HOAs cannot do that.
  • Charging excessive or unauthorized fees. Some HOAs create “ADU processing fees” or architectural review charges that are either not published in the HOA’s formal fee schedule or are wildly disproportionate to other modification requests.
  • Applying the rules selectively. A homeowner may be told their ADU violates setback or design standards, but the board previously approved similar structures for other members. That kind of inconsistency is not only unfair, it’s illegal.

Individually, these tactics may seem like minor annoyances. But collectively, they can amount to a de facto denial, which California public policy expressly prohibits.

WHAT CALIFORNIA HOAS ARE STILL ALLOWED TO REGULATE WHEN IT COMES TO ADUS

Just because your HOA can’t deny your ADU project outright doesn’t mean that it has no authority at all to regulate the process. California law still allows associations to impose “reasonable restrictions” related to the design, placement, and overall integration of ADUs into the community provided that the restrictions don’t unreasonably limit your ability to build or use one.

Along those lines, here are some of the things that your HOA is allowed to regulate and enforce:

  • Architectural consistency. Your HOA can require that the ADU match the color, roofing, or exterior materials of your main home. They can’t use vague objections like “neighborhood character,” but they can demand objective visual alignment.
  • Setbacks and placement (if zoning-aligned). While your HOA can’t make up its own rules, it can enforce local setbacks and placement restrictions if those match your city or county zoning code.
  • Noise and rental rules. HOAs can still enforce nuisance policies, especially if your ADU will be rented. That includes restrictions on short-term rentals, noise ordinances, or over-occupancy concerns, as long as those rules apply equally to everyone.
  • Parking requirements—within limits. An HOA can enforce community-wide parking restrictions (e.g., no blocking driveways or overnight guest parking), but it can’t require more parking than your city or county mandates for ADUs.
  • Submission through architectural review. HOAs can still require you to submit plans for review, but they must review them in good faith and can’t drag their feet to stall the process.

These powers are narrow, and your HOA cannot use them as a workaround to deny what the law clearly allows. If the rules or restrictions are being used to delay, discourage, or quietly block your ADU project, they likely cross the line into illegal enforcement.

WHAT TO DO IF YOUR CALIFORNIA HOA WON’T APPROVE YOUR ADU

If your HOA is still dragging its feet, demanding things that aren’t required by law, or refusing to give you a clear answer on your ADU application, don’t wait it out. Under Government Code section 66317, the longer the board delays or avoids a decision, the more risk they create for the association, and the stronger your legal position becomes.

Here’s how to respond strategically:

  • Demand everything in writing. Ask the board to explain in writing why your ADU is being denied, delayed, or stalled. If they won’t give you a clear reason backed by a governing document or legal citation, that’s evidence they don’t have one.
  • Cite the law back to them. Remind the board of their legal obligations under Civil Code section 4751. If they’re refusing to process your request or are applying standards that exceed local zoning, make that clear.
  • Push for IDR. Internal Dispute Resolution may not solve the problem, but if you think it’s worth your time, it might be worth it. Your HOA cannot legally deny your written request to engage in IDR, and if you exercise that right, it gives you a chance to sit with one or more board members to discuss your dispute. And it shows the board that you’re not going away quietly.
  • Call us at MBK CHAPMAN. If none of this gets results, it’s time to bring in the big guns. At MBK CHAPMAN, we know exactly how to respond when HOAs misuse their authority.

Your HOA doesn’t have to like ADUs. But it does have to follow the law. And if they won’t? You have the right to make them.

CONCLUDING THOUGHT

If your California HOA is refusing to approve your ADU, the law is most likely on your side. Boards can’t hide behind outdated CC&Rs, arbitrary review requirements, or personal preferences. They also can’t make you jump through made-up procedural hoops designed to stall or discourage you from moving forward.

California law gives you the right to build an ADU. And it also gives you tools to challenge an HOA that tries to stop you. But you can’t wait for the board to get educated on its own. You need to assert your rights early, demand accountability in writing, and take legal action if necessary.

At MBK CHAPMAN, we’ve seen this pattern of abuse before and we know how to shut it down. If your HOA won’t follow the law, we’ll hold them accountable.

If you’d like to read other articles of mine on this particular subject, then you can click on: “California HOA Restrictions on ADU Construction: What’s Legal and What’s Not” and “What to Do If Your HOA Delays or Ignores Your ADU Application.” If you’d rather 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.”

 

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