How to Best Govern
Additional Dwelling Units in a Homeowners Association By Andrew Parslow, Esq.
D
ue to the rising cost of housing and shortage of affordable homes, there has been a
push for the California Legislature to encourage higher-density uses of properties in areas traditionally zoned for single-family use. This trend directly impacted homeowners associations through the passage of Civil Code §4751, which prohibits associations from unreasonably restricting the construction and implementation of Accessory Dwelling Units (“ADU”) and Junior Accessory Dwelling Units (“JDU” or “JADU”).
What are ADUs and JDUs?
This statute and the rising costs of living
An Accessory Dwelling Unit is defined as an
in California led to an increase in the
attached or detached residential unit located on
presence of ADUs and JDUs in deed-
the same legal lot as an existing single-family
restricted communities in recent years,
residence that provides complete independent
necessitating that property managers
living facilities for one or more persons. An
and community boards of directors
example of this would be your standard
be aware of these innovations and
detached mother-in-law suite.
understand the impact they can have on an association. This article will discuss how ADUs and JDUs can interfere with restrictions in governing documents, what regulations an association can enforce on them, and what standards a structure has to meet to be considered a proper ADU or JDU.
16 The Law Journal Winter 2023 | cacm.org
A
A Junior Accessory Dwelling Unit is a residential unit contained entirely within an existing single-family residence that is no more than 500 square feet in size. The most common example of a JDU is a garage that has been
converted so that it can be rented out to prospective tenants. Unlike an ADU, when renting out a JDU, the primary unit must be occupied by its owner.
