Articles Posted in ADU’s

By Leena Danpour, Esq.

Recent California legislation, which became effective as of January 1, 2023, makes it easier for homeowners

to obtain permits for building accessory dwelling units (ADUs) on their lots. An ADU is an additional residential structure built on the same lot as a primary structure. California Senate Bill 897 and Assembly Bill 2221 (subsequently codified as Government Code Section 65852.2 and Health and Safety Code Section 17980.12), were enacted to increase the housing supply across the state, which, by doing so, significantly amends California state laws in favor of homeowners who want to build ADUs on their properties. The new laws have an astounding impact on how housing infrastructure will change. Below is a breakdown of the changes to the process of approving an ADU, the location of where an ADU may be constructed, and

On September 28, 2021, the state passed AB 1584 which amends laws regarding mobile home parks, mortgage protections, and access to limited civil case records among other things. Most importantly, as it applies to homeowners’ associations, AB 1584 contains provisions that affect restrictions on accessory dwelling units (“ADUs”), junior ADUs, and leasing requirements. These new laws will take effect on January 1, 2022. 

ACCESSORY DWELLING UNIT RESTRICTIONS 

Under existing law, any provision of a governing document or any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in a planned development that effectively prohibits or unreasonably restricts the construction or use of an ADU or junior ADU is void and unenforceable.