Overview
Can California HOAs block ADUs? The short answer is no. California law, especially Civil Code 4751, prohibits associations from adopting or enforcing rules that unreasonably restrict Accessory Dwelling Units (“ADUs”) or Junior ADUs. While limited California HOA restrictions on ADUs are permitted—such as requiring architectural consistency—boards cannot use outdated CC&Rs or procedural games to deny an otherwise lawful project. For a deeper dive into this topic, see my full article on HOA restrictions and ADUs.
For a deeper dive into this topic, see my full articles entitled: “California HOA Restrictions on ADU Construction: What’s Legal and What’s Not,” “Can My California HOA Legally Block an ADU?” and “What to Do If Your HOA Delays or Ignores Your ADU Application.“
If you’d like to watch one of my podcast episodes in which I did a deep dive into California’s ADU laws for HOAs, then click: “Can My California HOA Stop Me From Building an ADU?“
UPDATED ON OCTOBER 8, 2025 WITH NEW MATERIAL AND FAQs.
Key Points
- California law guarantees homeowners the right to build ADUs and JADUs in most single-family zones.
- HOA rights and ADUs under Civil Code 4751 are limited to “reasonable restrictions” related to design, placement, and safety.
- HOAs cannot rely on outdated CC&R provisions to prohibit detached structures, “granny flats,” or similar language that conflicts with state law.
- California HOA restrictions on ADUs may include requiring that the ADU match the exterior of the main home, enforcing local setback rules, or applying nuisance policies.
- Boards cannot deny your ADU because they dislike the look, size, or concept.
- HOA approval process for ADUs in California may still involve architectural review, but the board must act in good faith and cannot impose made-up hurdles.
- HOA delay tactics for ADU approval include:
- Prolonged “review” without response.
- Excessive documentation requests not required by law.
- Inventing non-existent rules or citing outdated CC&Rs.
- Charging unauthorized “ADU fees.”
- Selective enforcement, approving some projects while rejecting others.
- HOA approval process for ADUs in California cannot be used to unreasonably delay construction. Delays may amount to illegal denials if they discourage or prevent your project.
- HOA rights and ADUs under Civil Code 4751 ensure that while boards can regulate details, they cannot block the ADU itself.
In short, to a limited extent, your HOA can regulate how your ADU is built (may require it to match main structure, abide by health and safety regulations), but not whether you can build it. Civil Code 4751 ensures that HOA restrictions remain reasonable, enforceable, and compliant with state and local housing policy. If your HOA board tries to stall, overreach or impose arbitrary fees or conditions, you can stop your HOA dead in its tracks.
FAQs
Can my HOA require me to get approval before building an ADU?
Yes, HOAs can require homeowners to submit architectural or design plans before construction, but the scope of their review is extremely limited. Under Civil Code 4751, any restrictions must be “reasonable,” meaning they cannot delay the project, prevent construction, or impose conditions that California law does not explicitly permit them to impose, or that make the project financially unfeasible. AB 130’s change to Civil Code 714.3 doubled down on the requirement that HOAs must permit ADUs in HOA communities.
What qualifies as a “reasonable restriction” under Civil Code 4751?
A restriction is reasonable if it relates to aesthetics (i.e., matching the existing structure), placement (i.e., compliance with local setback ordinances), or safety without effectively prohibiting the ADU. For example, your HOA can require the exterior to match the main residence or that setbacks meet local setback ordinances, but it cannot ban detached structures or deny a project simply because the board doesn’t like it or because an ADU does not match the “aesthetics” of the community.
How long can my HOA take to approve or deny my ADU application (or plans)?
Boards must act in good faith and respond within a reasonable time after receiving a complete application. Prolonged silence, repeated requests for unnecessary documents, or “pending review” excuses can amount to an unlawful denial, especially if the delay discourages or prevents construction. While not explicitly applicable, many experts, myself included, believe that as quasi-governments, HOAs should be bound by the same standards as municipalities are when it comes to imposing ADU-related timelines. And Government Code 66317 gives local governments only 60 calendar days to approve or reject ADU plans. So, I think you’re safe in expecting your HOA to take no longer than 45-60 days to approve your ADU application (or plans).
Can my HOA charge fees related to ADU construction?
No. But that doesn’t mean that your HOA may not charge a fee. As long as your HOA’s governing documents allow for a fee that applies to all construction projects or applications, then your HOA would be able to charge that same fee for your ADU application. But, HOAs cannot impose ADU-related fees (i.e., fees aimed only at ADU plans or applications). Any attempt to charge extra for processing, inspections, or “impact” violates Civil Code 4751 and could expose the association to liability.
What can I do if my HOA ignores or delays my ADU application?
Document every communication and missed deadline, and then send a written demand for response. Cite Civil Code 4751. Cite Civil Code 714.3. If the board continues to ignore you, consult us at MBK Chapman and we’ll set your HOA straight for you.
Can my HOA make me remove my ADU after it’s built?
Not if the ADU complies with state and local law. Once lawfully constructed, your HOA cannot demand removal simply because the board changes its mind or receives complaints. Under no circumstances should you comply with such a directive. Instead, call us at MBK Chapman, and we’ll handle your HOA.
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.
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