Does a New Law Override CC&R Restrictions on “Granny Units?”

Tiny House

Several board members are concerned about changes to the California laws(link is external) that regulate “Accessory Dwelling Units” (sometimes called “Granny Units”). Property owners sometimes add tiny homes or modify their garages for rental income or to provide low-cost housing to family.

The changes in the law (see AB 2299(link is external) and SB 1069(link is external)) override local ordinances to make it easier for property owners to build these units. Some board members are wondering if this law applies to HOAs.

The answer is NO.

We reached out to several attorneys on our legislative committee and their response was clear: the changes in the law modify the Governmental Code which applies to government – i.e. counties, cities, and their planning ordinances. Neither bill affects the private use restrictions in the CC&Rs of California HOAs.

However, we are watching one bill that could amend the law on accessory dwelling units, AB 494. Future legislation may target HOAs, but such a change would require hearings and public debate. ECHO will keep an eye on this subject in the coming years.

For the time being, boards and owners may rely on their CC&Rs when it comes to accessory dwelling units.

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