What to Do When Your HOA Objects to Your ADU

When Your HOA Says No to Your ADU

You have done your research, you know an ADU makes sense for your property, and you are ready to move forward. Then your homeowners association sends a letter: your ADU project violates the community’s CC&Rs, and they intend to block it.

This situation plays out across the Bay Area every month. HOA boards, often unfamiliar with how California ADU law has changed, cite decades-old CC&R provisions that were written long before the state began protecting homeowners’ rights to build ADUs. The result is confusion, conflict, and delayed projects.

The good news: California law is firmly on the homeowner’s side. Here is what you need to know, what you can do, and how to keep your project moving.

We are not attorneys. Consult a licensed attorney for legal guidance specific to your situation.

Why HOAs Object to ADUs

Understanding why your HOA is pushing back helps you craft a more effective response.

Aesthetic Concerns

Many HOA boards worry that an ADU will look out of place in the community. They envision a cheap prefab box sitting in a backyard, reducing the visual appeal and property values of surrounding homes. In communities with carefully maintained architectural consistency, this concern carries real emotional weight for board members and neighbors.

Parking and Traffic

HOA communities often have shared roads, limited guest parking, and carefully managed traffic flow. Board members worry that an ADU tenant will bring additional vehicles and strain existing parking infrastructure.

Density and Character

Some HOA boards see ADUs as a step toward increased density that changes the character of their single-family community. This concern is especially common in older, established neighborhoods where residents chose the community specifically for its low-density feel.

Outdated CC&Rs

Many CC&Rs were written in the 1970s, 1980s, or 1990s, long before California began its push toward ADU-friendly legislation. These documents often contain blanket prohibitions on “accessory structures,” “rental units,” or “secondary dwellings.” HOA boards sometimes cite these provisions without realizing that state law has rendered them unenforceable.

What California Law Says About HOAs and ADUs

California has passed several laws that directly address the relationship between HOAs and ADU construction. Together, they establish a clear legal framework.

Civil Code Section 4751

This section, originally enacted through AB 670 in 2020, states that any provision of a homeowners association’s governing documents (including CC&Rs, bylaws, and rules) is void and unenforceable if it effectively prohibits or unreasonably restricts the construction or use of an ADU or Junior ADU on a lot zoned for single-family residential use.

The key word is “unreasonably.” The law does not strip HOAs of all authority. It prohibits restrictions that cross the line from reasonable aesthetic standards into effective prohibition.

AB 1584: Strengthening Homeowner Protections

Effective January 1, 2025, AB 1584 expanded and clarified the protections in Civil Code Section 4751. The bill specifies that HOAs:

• Cannot adopt or enforce any CC&R provision that prohibits ADU or JADU construction
• Cannot impose requirements that are more restrictive than local government standards
• Cannot cap the total number of ADUs within the community
• Cannot require homeowner association approval as a condition of building a permitted ADU if the approval process is used as a tool to delay or prevent construction

AB 1584 also established that homeowners who are subjected to unreasonable restrictions can seek legal remedies, including recovery of attorney fees.

SB 13: HOA Fee Limitations

SB 13 prohibits HOAs from charging fees specifically for ADU construction that exceed the cost of processing the architectural review. In other words, your HOA cannot impose a special assessment or construction fee designed to discourage you from building.

What Your HOA Can and Cannot Do

What They CAN Do

• Require an architectural review submission. HOAs can ask you to submit your plans for review before construction begins, as long as the review process is not used to delay or block the project.
• Set reasonable aesthetic standards. Requirements for exterior materials, colors, and landscaping that are consistent with the existing community and do not make construction impractical.
• Request construction logistics information. Reasonable questions about construction hours, access routes for equipment, and dust or noise mitigation.

What They CANNOT Do

• Ban ADUs outright. Any CC&R provision that prohibits ADU construction is void under state law.
• Impose requirements stricter than city code. The HOA cannot demand larger setbacks, lower height limits, or smaller size limits than what the local jurisdiction allows.
• Cap the number of ADUs in the community. AB 1584 explicitly prohibits this.
• Charge punitive fees. No special assessments or construction fees beyond the actual cost of processing an architectural review.
• Delay indefinitely. Using the architectural review process as a stalling tactic is considered an unreasonable restriction.
• Require you to get neighbor approval. The ministerial approval framework under state law does not include a neighborhood consent requirement, and HOAs cannot create one.

Steps to Take When Your HOA Objects

Step 1: Review the Specific Objection

Ask the HOA board for their objection in writing, citing the specific CC&R provisions they believe your project violates. Vague objections like “it is not allowed” are not sufficient. You need to know exactly which provisions they are relying on.

Step 2: Check the CC&Rs Against State Law

Read the cited provisions carefully. Many CC&Rs contain language that predates California’s ADU legislation and is now unenforceable. Common examples include blanket bans on “accessory structures,” prohibitions on “rental units,” and restrictions on structures in rear yards. If the provision unreasonably restricts or prohibits ADU construction, it is void under Civil Code Section 4751.

Step 3: Communicate in Writing

Send a written response to the HOA board. Reference the specific state laws (Civil Code Section 4751, AB 1584) that protect your right to build an ADU. Be factual, not confrontational. Include copies of the relevant code sections. Many HOA board members are volunteers who are simply unaware of how the law has changed. Education often resolves the conflict.

Step 4: Offer to Address Reasonable Concerns

If the HOA’s concerns are aesthetic, offer to work with them. Matching exterior materials to the existing neighborhood, adding landscaping to screen the ADU, and choosing a complementary color scheme are all reasonable accommodations that build goodwill without compromising your project.

Step 5: Attend a Board Meeting

Request time on the agenda at the next board meeting. Present your plans, explain how the ADU complies with both city code and state law, and address aesthetic and parking concerns directly. Bringing visual renderings of the proposed ADU can be very effective.

Step 6: Involve an Attorney If Necessary

If the HOA continues to block your project after you have presented the legal framework, it is time to consult a real estate attorney who specializes in HOA disputes. A formal letter from an attorney citing the relevant statutes often resolves the matter. If it does not, you may need to pursue mediation or legal action. Under AB 1584, you may be entitled to recover attorney fees if the HOA’s restrictions are found to be unreasonable.

How to Communicate Proactively with Your HOA

The best time to engage your HOA is before conflict arises. Here are strategies that homeowners have used successfully.

Start Early

Contact the HOA board informally before you submit any plans. Let them know you are considering an ADU and ask about their architectural review process. This shows respect for the community and gives the board time to educate themselves on current law.

Share Your Plans

Provide the HOA with copies of your architectural plans, renderings, and a brief project description. Show them that your ADU will be a quality structure that enhances the property, not a hastily built afterthought.

Address Parking Directly

If parking is a concern, explain your plan. Will the ADU tenant use the existing driveway? Will you add a parking pad? Under state law, no replacement parking is required when converting a garage, but proactively addressing the concern shows good faith.

Invite Questions

Let the board know you are open to answering questions and incorporating reasonable aesthetic feedback. This collaborative approach turns potential adversaries into stakeholders who feel included in the process.

When You Need an Attorney

Consider hiring a real estate attorney when:

• The HOA has sent a formal cease-and-desist letter
• The HOA is threatening fines or legal action
• The architectural review process has stalled for more than 60 days with no resolution
• The HOA is imposing requirements that are more restrictive than city code
• You want to pursue recovery of costs or attorney fees under AB 1584

An experienced attorney can evaluate your specific situation, send a demand letter, and represent you in mediation or court if needed.

Why Design-Build Firms Help Navigate HOA Conflicts

A design-build firm with Bay Area ADU experience has likely worked with multiple HOAs and understands what triggers objections and how to prevent them. At Custom Home Design and Build, we prepare ADU designs that anticipate common HOA concerns: materials that match the existing community, thoughtful placement that respects neighbor sightlines, and clear documentation that demonstrates code compliance.

When HOA conflicts do arise, we provide our clients with the technical documentation and plan details needed to respond effectively. Our architectural plans are professionally prepared and permit-ready, which gives HOA boards confidence that the project is legitimate and well-planned.

Move Forward with Confidence

An HOA objection to your ADU can feel intimidating, but the law has shifted firmly in favor of homeowners. California law protects your right to build an ADU on your property, and HOAs cannot override that right with outdated CC&Rs or unreasonable restrictions.

Start with communication, address legitimate concerns, know your legal protections, and bring in an attorney if the HOA refuses to comply with state law.

If you are planning an ADU in an HOA community in the Bay Area, contact Custom Home Design and Build to discuss your project. We can help you design an ADU that meets your goals while addressing the practical realities of building within a managed community.