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...SB 9 opens the door to second residential units and lot splitting in an association, unless the association’s governing documents explicitly prohibit them.”
Sen. Atkins describes the bill as increasing housing opportunities for renters and families. Senate staff reports cite a shortage of available and affordable housing in California, and supporters argue that the bill allows new housing at a small-scale, neighborhood level, citing a national trend toward such “gentle density.” Opponents express concern about the loss of local control and neighborhood character, and question whether middle-income owners will have the financial ability to build new units without the involvement of developers.
The new law may substantially impact standard subdivisions, and community associations can take comfort in Sen. Atkins confirming that CC&R restrictions still apply. However, SB 9 opens the door to second residential units and lot splitting in an association, unless the association’s governing documents explicitly prohibit them. For example, in a planned development with 8,000 square foot lots, an owner could divide a lot into two 4,000 square foot lots, unless the CC&Rs prohibit further subdivision. That same owner could build two residential units on each lot, creating four homes where one once stood.
All planned developments should review their governing documents and amend them as necessary to prohibit further subdivision and to add any other provisions necessary to counter the effects of SB 9. Although associations cannot prohibit accessory dwelling units (per Civil Code Section 4751), they should assure that their documents include all limitations that are allowed under the law. Associations should enlist the assistance of legal counsel in reviewing governing documents and drafting any needed amendments.
Wood framed, elevated, railings subject to fallibility. Note the lack of ventilation – destined to fail; inspection requirements likely apply.
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