California AB 956: HOAs and ADU Restrictions in 2027

The Existing Rule

Civil Code section 4751 voids governing document provisions in planned developments that effectively prohibit or unreasonably restrict ADUs and junior ADUs. Until now, that protection covered only lots zoned for single-family residential use.

What AB 956 Changes

• Beginning January 1, 2027, the protection extends to lots in any zone that allows single-family homes, including zones that also allow multifamily housing.
• The same zoning change is made to Civil Code section 714.3, which voids ADU restrictions in deeds and other recorded documents.
• Government Code section 66323 is amended so cities and counties must approve two detached, newly built ADUs, instead of one, on lots with a proposed or existing single-family home, with side and rear setbacks capped at four feet. They may still limit each to 800 square feet and impose height limits.

What Associations Can Still Do

Reasonable restrictions remain allowed: those that do not unreasonably increase construction cost, effectively prohibit construction, or extinguish the ability to build. Section 714.3 adds that reasonable restrictions cannot include fees or other financial requirements. Section 4751 applies to planned developments, not condominium projects.

An Open Question

The city and county approval rule in Government Code section 66323 does not directly bind associations, and section 4751 does not say whether an association may still limit owners to one detached ADU. Expect disputes and consult counsel.

Board Checklist

• Audit CC&Rs and guidelines for ADU language that could now be void.
• Adopt objective, cost-neutral ADU review standards.
• Route ADU applications through your architectural review process.

See the 2027 laws overview for the other new laws.

APM manages community associations throughout the Bay Area. See our California board and homeowner resources, the California communities we serve, or contact APM to talk through how these changes affect your association.

Legal disclaimer: This article is general information, not legal advice. Statutes and effective dates can change; confirm details with a licensed California attorney before acting.