Kim Lisa TaylorSecurities Attorney, Founder, Syndication Attorneys, PLLC · Corporate Securities Attorney, 2x Best-Selling Author, Nationwide Speaker | Private Placement

Can HOAs Stop ADU Construction? What California Law Says

28 Jan 2025 · 1 min

Watch on YouTube

0:39

In this segment of the video, the hosts explain that in California homeowners' associations (HOAs) generally cannot block the construction of accessory dwelling units (ADUs) when the project complies with state and local (city or county) regulations. They note that recent lawsuits have established case precedent that swiftly strikes down HOA attempts to prohibit such ADUs. The discussion then shifts to practical advice: when homeowners need legal assistance, they should be aware that HOA attorneys fall into two categories—those who represent the HOA itself and those who represent the individual homeowners—so selecting the appropriate counsel is crucial.

Chapters

But in the state of California, it's pretty clear that, you know, HOAs cannot prevent the construction of ADUs as long as they comply with state law. As long as you're complying with, you know, your city or county laws, I imagine those would trump HOA. But where I'm at in California, it's very clear. And there have been lawsuits. So there is now, I believe there is, you know, case precedent now where these HOAs have tried and very swiftly been struck down.
And when you're dealing with, if you get to the point where you need to talk to an HOA attorney. There's 2 different types. There's those that represent the HOAs, and there's those that represent the people that live within the HOAs or the homeowners.