ACCESSORY DWELLING UNITS: How Association’s Governing Documents are Impacted by AB 670
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By Jeffrey A. Beaumont, Esq., CCAL and Tawnza Sofranko, Esq. Beaumont Tashjian
n 2017, legislation was passed, making accessory dwelling units legal in California. However, strict permitting regulations previously made accessory dwelling units difficult and expensive to construct. Recently, a number of bills were passed, making the process to construct accessory dwelling units easier and more affordable. Effective January 1, 2020, an association’s governing documents may not prohibit or unreasonably restrict the construction or use of an accessory dwelling unit. Specifically, Assembly Bill 670 (AB 670) voids any provision of an association’s covenants, conditions and restrictions or rules and regulations that prohibit the construction 20 |
CONNECT MAGAZINE • ISSUE FOUR 2019
of an accessory dwelling unit on a lot zoned for single-family residential use. The California Legislature passed this bill in response to California’s affordable housing shortage. AB 670 is intended to encourage owners to convert and/or construct additional living spaces within their property by removing the many obstacles that previously hindered the process of building accessory dwelling units. The Legislature did so by reducing permitting fees, minimizing setback and lot size requirements, and eliminating parking requirements. While associations may not effectively prohibit accessory dwelling units, they are
permitted to adopt “reasonable restrictions”, which is defined to mean restrictions that do not unreasonably increase the cost to construct, effectively prohibit the construction of, or extinguish the ability to otherwise construct, an accessory dwelling unit or junior accessory dwelling unit. An “Accessory Dwelling Unit” (ADU) means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It also includes permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the singlefamily or multifamily dwelling is situated.
