BIG STRUCTURAL
CHANGES: AB
670 AND SB 326
By Garrett Wait, Esq.
T
wo new laws on the books as of January 1, 2020 will impact
the way HOAs plan, manage, and effectuate architectural
control. The first, which applies specifically to planned
developments, is Assembly Bill 670 which prohibits
HOAs from outright banning accessory dwelling units
(“ADUs”) or junior accessory dwelling units (“JADUs”), including
garage conversions. The second is Senate Bill 326 which will
require condominium projects to professionally inspect all
balconies, walkways, stairways, and other elevated load-bearing
components before January 1, 2025 and at least once every nine
years going forward. Both bills will have a significant impact on
Association resources.
To address a housing shortage, the California legislature
passed legislation aimed at further easing restrictions on ADUs.
Sometimes called “granny flats” or “guest houses,” ADUs are
additional living quarters located on the same lot as an existing
dwelling. In furtherance of the legislative goal, the new law
eased restrictions on setbacks, size, and location of ADUs, and
the language in Civil Code Section 4751 effectively voided any
governing document provision that prohibits or unreasonably
restricts the construction of ADUs in planned developments.
The key for now is that these changes impact only planned
developments involving single-family homes or townhomes
where owners own individual lots, and not condominiums.
Nevertheless, changes in ADU-related laws taking effect on
January 1, 2020 could see thousands of ADUs added to planned
communities in coming years.
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SAN DIEGO COMMUNITY INSIDER
SPRING 2020
Additionally, a so-called JADU,
defined as a separate living quarter
less than 500 square feet and
contained within a single-family
dwelling, and an ADU may now be
allowed on the same lot, effectively
resulting in a “triplex.” Fortunately,
ADUs may not be used for short-
term rentals, although they may be
rented for terms longer than 30 days.
These new laws will have a
significant effect on parking
availability. When garages or
carports are converted into living
quarters, cars formerly parked
in them will need to be parked
on the streets. Luckily for HOAs,
public agencies are prohibited from
requiring replacement parking
as a condition of allowing such