accessory dwelling unit

When deciding to relocate to a new state, it is important to be constantly aware of new legislation that is going into effect related to your housing circumstances. This is also important for established residents to remain informed about their housing development and what protections they have. This is particularly true in California where recent legislation was passed that has a direct impact on HOA owners’ rights within the state of California. To learn more about the changes effective in 2020 in California, review the information below:

 

What Regulations Have Changed for 2020

Two new laws are coming into effect in 2020 that protect HOA owners with regards to accessory dwelling units and religious decorations on doorways.

The first new regulation comes from CC&Rs that traditionally required residences to be only limited to “single-family” use. Traditionally, this was only limited to California’s planned developments. Many residents were able to override this requirement through the use of Assembly Bill 670. As a result, the governor created a new Civil Code 4751 that enables a planned development lot owner to add a second smaller residence that is attached to the primary residence. Residents of planned developments have to be careful that their second residence adheres to all applicable zoning and building codes.

 

Outright Probation

HOAs in planned developments starting in 2020 are not able to have outright probation against accessory dwelling units (ADUs) but may impose reasonable restrictions so long as they do not outright make accessory dwelling units (ADUs) too costly or impossible. Also, this new law only applies to planned developments and not to community apartments, condominiums, or stock cooperatives. Homeowners need to be sure the status of their residence before attempting to create an accessory dwelling unit (ADUs) along with the requirement to not have the accessory dwelling unit (ADUs) be larger than 50% of their primary residence. For junior accessory dwelling units (ADUs), Government Code 65852.22 enables junior accessory dwelling units (Junior ADUs), which can be created by converting an existing room that does not exceed 500 square feet in size. Certain HOAs are allowed to require the Junior ADU to have an efficiency kitchen and separate entrance; however, HOAs are not able to require the homeowner to have additional parking for the extra resident.

 

Senate Bill 652

Senate Bill 652Another recent regulation that went into effect was Senate Bill 652, which creates protection for religious displays on entry doors and door frames. These protections are governed by new Civil Code Sections 1940.45 and 4706. The regulation specifies that so long as the religious decorations do not hinder the operation of the door and do not exceed 432 square inches, an HOA cannot require a resident from hanging such displays. The only partial exception to this is if the resident would be potentially required to remove the religious decoration for routine maintenance work on the door or its frame.

 

Get Help From The Professionals

Clark Simson Miller is a professional organization that provides remote management, financial services, accounting, and support to community associations and managing partners of all sizes within the United States. Our direct association services enable HOAs to provide better services to their residents. To receive more information or a free quote regarding Clark Simson Miller’s offerings in California, contact us online or give us a call by dialing (865) 315-7505.