Do homeowners associations trump CA’s ADU laws?

A Carlsbad condominium owner's battle with his homeowners association is highlighting potential gaps in California's accessory dwelling unit laws that could affect thousands of property owners statewide.

Adam Hardesty, an HOA board vice president, is seeking to convert his 373-square-foot garage into a rental ADU complete with kitchen, bedroom and bathroom facilities, but faces opposition from his Mystic Point Homeowners Association.

The dispute centers on a 2019 California law that voids HOA rules prohibiting or unreasonably restricting ADU construction on properties "zoned for single-family residential use." However, the HOA argues this protection doesn't extend to condominium complexes like Hardesty's, potentially creating a significant loophole in the state's broader push to increase housing supply.

California has enacted numerous ADU laws over the past decade to combat the housing crisis, generally limiting local governments' ability to reject these secondary housing units on single-family properties.

The case underscores the complex role HOAs play in California's housing landscape, functioning similarly to municipal planning departments while maintaining significant control over development decisions.

For the estimated millions of California residents living in HOA-governed communities, the outcome could determine whether state housing laws truly supersede local restrictions or if associations retain the power to block ADU projects in multi-family developments.