AB670 (Friedman) permits accessory dwelling units within associations, as well as cities, counties, and other jurisdictions. The legislation invalidates any CC&R provision or rule which prohibits an accessory dwelling unit on a single-family lot. However, the legislation will allow reasonable restrictions so long as they do not effectively prohibit or unreasonably restrict accessory dwelling units.
What is considered to be a “reasonable restriction” is not defined in the statute. For example, would a provision restricting the number of people who could occupy an accessory dwelling unit be considered to be reasonable. This is undetermined at this time.
An accessory dwelling unit is a second unit on a lot which is either detached or contained within the walls of the house on the lot and consists of up to 1,200 square feet, which includes cooking, sleeping, and bathroom facilities. The legislation also references a “junior” accessory dwelling unit that may be up to 500 square feet, which must have an outside entrance and cooking facilities, but may share a bathroom facility with the main house on the lot.
Associations have concerns relating to noise, parking and insurance issues relating to accessory dwelling units.
