Cons
There are a number of concerns, especially for associations and municipalities. Some have to do with aesthetic concerns about increased density that can change the original character of a community. Other concerns focus on the need to provide (and find a way to charge for) the increased requirements for services such as various utilities, amenities like pools and/or clubhouses, and sufficient parking spaces. Some believe the long-term effects will be higher housing costs and more rental property that is owned by investors vs. owner-occupied homes.
Tips for Homeowners
There are a number of very helpful resources if you are considering adding an ADU to your property. You might consider working with a consultant who can help you navigate the many steps in what can be a complex process. Remember to check with your association and its requirements for architectural changes. The association will likely also want to make sure that what you are contemplating can be constructed where adequate physical infrastructure exists or can be added without burdening the association with additional expense. Then, check with your city to determine the requirements for approval of necessary building permits. Next, consider whether to purchase an off-the-shelf product or hire a company that can design and build your ADU. There are more and more businesses being established to provide guidance and resources for homeowners who are interested in pursuing the possibility of adding an ADU to their property.
Tips for Board Members
It’s time to review and possibly update your governing documents. If you are an association that has free-standing homes with large backyards, you may be the most likely to be dealing with ADU requests, although even owners of attached townhomes can apparently convert their garages into ADUs. This is an area of the law that even many attorneys have different opinions about, especially whether and how much community associations will be affected. A great deal depends on regulations that can be promulgated by local municipalities, so stay connected to what is transpiring in your city. Good legal advice will also be needed to know what you can and cannot control through your architectural regulations. A proactive approach will hopefully help avoid unnecessary headaches and expensive disputes. Whether you like the idea of ADUs or not, it makes sense to protect your association by being prepared to address these rapidly evolving changes in our housing laws.
—Jan Newcomb was the 2021 Chair of CAI’s National Homeowner Leader Council and a previous member of the CAI International Board of Trustees. She currently serves on the National Government and Public Affairs Committee. She can be reached at
jasnet714@aol.com and 714.847.8933.
www.caioc.org
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