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HOA’s cannot prohibit ADU’s Civil Code §4751

On Behalf of | Apr 19, 2020 | Home Owner Association, Real Estate |

CC&R’s cannot impose restrictions on the addition of ADU’s, including Junior ADU’s. Civil Code §4751 states that CC&R’s can impose “reasonable restrictions” so long as they do not interfere with Sections 65852.2 or 65852.22 of the Government Code. This probably means submitting plans for approval to their design approval board and paying a small fee for that review.