ACCESSORY DWELLING UNITS
(AB 9182 ADU, Civil Code 4751 et al)
Homeowner Associations and New Law (Civil Code 4751)
Homeowner Association and Accessory Dwelling Units (ADU)
(Information taken from several attorneys, law firms and Civil Codes)
WHAT YOU SHOULD KNOW
Assembly Code 670, Section 4751 of the Common Interest Development Act. “It is the intent of the Legislature that an accessory dwelling unit ordinance adopted by a local agency has the effect of providing for the creation of accessory dwelling units and that provisions in this ordinance relating to matters including unit size, parking, fees, and other requirements, are not so arbitrary, excessive, or burdensome so as to unreasonably restrict the ability of homeowners to create accessory dwelling units in zones in which they are authorized by local ordinance.”
The Legislature Finds and Declares all of the following:
(1) Accessory dwelling units (ADU) are a valuable form of housing in California.
(2) Accessory dwelling units provide housing for family members, students, the elderly, in-home health care providers, the disabled, and others, at below market prices within existing neighborhoods.
(3) Homeowners who create accessory dwelling units benefit from added income, and an increased sense of security.
(4) Allowing accessory dwelling units in single-family or multifamily residential zones provides additional rental housing stock in California.
(5) California faces a severe housing crisis.
(6) The state is falling far short of meeting current and future housing demand with serious consequences for the state’s economy, our ability to build green infill consistent with state greenhouse gas reduction goals, and the well-being of our citizens, particularly lower and middle-income earners.
(7) Accessory dwelling units offer lower cost housing to meet the needs of existing and future residents within existing neighborhoods, while respecting architectural character.
(8) Accessory dwelling units are, therefore, an essential component of California’s housing supply.
Section 1. It is the intent of the Legislature in enacting this act to encourage the construction of affordable accessory dwelling units and junior accessory dwelling units that are owner-occupied and that are used for rentals of terms longer than 30 days.
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 includes permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is situated.
A “Junior Accessory Dwelling Unit” (JADU) means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A JADU can include separate sanitation facilities, or may share sanitation facilities with the existing structure.
The intent of the Legislature in passing this bill is to encourage the construction of ADUs or junior ADUs that are either owner-occupied or are used for rentals for longer than thirty (30) days.
Who Can Add an Accessory Dwelling?
If your lot is zoned for single-family residential use, you can now build and rent out an ADU on your property even if your Homeowners Association restricts or prohibits it. There are also many ways to add an ADU that can fit your situation.
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 includes permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is situated.
One misconception many homeowners have is that they need their neighbors’ permission to add an ADU or that they need a large plot of land. But, this isn’t usually the case.
The Code, however, allows an association to place “reasonable restrictions” on ADUs and junior ADUs on a lot zoned for single-family residential use in common interest developments, as long as the restrictions do not discourage or effectively prohibit ADU or junior ADU construction or unreasonably increase the cost to construct them. (An association’s governing documents may continue to prohibit the construction of an ADU on a lot zoned for multi-family residential use.)
It would appear that many homeowners have the right to build an ADU, this may also mean converting a basement or an attic, building an addition onto the main home, remodeling an existing space or adding a cottage to the backyard. It could be a playroom or an apartment. There could be many possibilities.” And this bill could consider a permit application for the creation of an accessory dwelling unit (ADU) or junior accessory dwelling unit approved if the local agency has not acted upon the applicants completed request within 60 days.
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