Can Your HOA Block You From Building an ADU in California?

California law guarantees your right to build an accessory dwelling unit, or ADU. But that doesn’t stop some bad HOAs from trying to stop you, or at least make it so difficult that you might give up. In this 1-Minute Attorney Tip, attorney Michael Kushner explains what the law actually says about ADUs and what your HOA legally can and can’t do to stop you.

🎯 What You’ll Learn in This 1-Minute Tip:
✅ Why Civil Code § 4751 protects your right to build an ADU.
✅ What qualifies as an “unreasonable” restriction or delay.
✅ Why requiring things like neighbor signatures or impact reports is illegal.
✅ What types of design or placement rules are still allowed.

If your HOA is throwing up roadblocks, inventing extra steps, or dragging its feet, you have the power to fight back—and the law is on your side.

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🎧 Listen to my full-length HOA HELL podcasts on YouTube @hoahellpodcastofficial, or wherever you listen to your podcasts.

🌐 📞Want to talk to an attorney at MBK Chapman? Contact us at www.mbkchapman.com. Mention the HOA HELL podcast for a discounted consultation.

Disclaimer:

This content constitutes attorney advertising.

The content of this podcast is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by listening to this podcast, submitting a question, or receiving a response. Always consult with a licensed attorney regarding your specific legal situation. MBK Chapman and Michael Kushner disclaim any liability for actions taken or not taken based on the information provided in this podcast.

This communication does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

About:

Michael Kushner is the attorney who pioneered this niche area of the law—representing homeowners in disputes with their HOAs—in California. He created and taught the systems now used by the biggest law firms in the state focused on HOA litigation. Through his firm, MBK Chapman, and now through HOA HELL, Kushner continues to give homeowners practical legal tools to fight back.

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