Accessory dwelling units (ADUs) have become an integral tool in tackling California’s housing shortage. ADUs cost less to build, offer homeowners a stable source of income and allow inventory to grow in already established neighborhoods.
However, a homeowner who wants to build an ADU often faces numerous hurdles, including outdated zoning and costly permitting fees. As the popularity of ADUs continues to rise in California, legislators are confronting these obstacles and seeking to smooth the path.
Assembly Bill (AB) 1584 is the latest effort to reduce ADU restrictions. This new law makes any covenant or restriction that effectively prohibits the construction or use of ADUs void and unenforceable. However, restrictions which do not unreasonably increase the cost of construction are still permitted.
For example, before permitting an ADU to be constructed, a common interest development (CID) may require there be a sufficient water or sewage source supplied to the property to support an ADU. However, they may not require a minimum lot size. [Calif. Government Code §65852.2(a)(1)]
Loosening zoning laws allows construction to meet demand in areas where it’s most needed. ADUs are a part of the solution to increasing inventory in suburban neighborhoods, where zoning changes are met with the most resistance from not-in-my-backyard (NIMBY) advocates. This law change is yet another step on the long path toward curing our housing shortage. Watch for California’s legislature to continue their efforts to meet demand and ease the housing burden in 2022.
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New law to allow ADUs to be sold separately from main residence
Hi Madison, we are currently battling the San Elijo Hills HOA right in San Marcos, CC. They have adopted an ADU policy that violates State Laws in at least 4 places (knowingly). We can’t find a single way to force them to change/correct them, or have anyone in the State enforce the law. Any contacts you have would be greatly appreciated. I’ve worked with the head of the ADU policy dept at the State, the real estate person, county supervisor Jim Desmond ( he helped get San Marcos to adopt the State law finally) and our congress and senate reps. No one cares. It’s a worthless piece of bandaid law. The “harmonious” clause needs to be taken away from HOA Boards and put on the city that approved the developments. In our case the Permit was issued with no objections, and the HOA is requiring a more expensive roof ( add 25,000 to the 160,000. ) it would also be more intrusive visually. There’s no one to help from other then attornies.