“Contractors have been coming through leaving pamphlets on our door advertising their ADU services. Our neighbor tried to build an ADU two years ago and the HOA denied his request so he could not even get a building permit. From the pamphlets it looks as if the laws have changed so we should be able to move forward now because of AB-670?”
AB-670 is a new law that went into effect on January 1, 2020, and it aims to make it easier for homeowners to build Accessory Dwelling Units (ADUs) on their properties. However, it’s important to note that even with this new law in place, there may still be HOA restrictions that could impact your ability to build an ADU. California Civil Code section 4751 prohibits HOAs from “unreasonably” restricting the construction of accessory dwelling units.
It’s important to check with your local planning department to make sure that your proposed ADU complies with all zoning and building code requirements. They can also provide guidance on the permitting process and any potential setbacks or other limitations that may apply.
In terms of your neighbor’s experience, before January 1st, the HOA had the right to deny the request. It’s always a good idea to review the HOA’s governing documents and any applicable architectural guidelines to understand what restrictions or requirements may apply to ADUs with the change in the law taking lead. If you have questions or concerns about the HOA’s approval process, you may want to speak with a lawyer who specializes in HOA law for guidance.
Additionally, it’s important to carefully vet any contractors who leave pamphlets advertising their ADU services. Make sure that they are licensed and insured, and that they have a good reputation in the community. You may also want to consider getting multiple quotes from different contractors to compare prices and services offered.