AB 670 adds new Civil Code section 4751(a), which provides that any provision of a governing document "that either effectively prohibits or unreasonably restricts the construction or use of an accessory dwelling unit or junior accessory dwelling unit ... is void and unenforceable.”
As with solar energy systems and electric vehicle charging stations, however, the law does permit some restrictions. Section 4751(b) provides that Section 4751(a) "does not apply to provisions that impose reasonable restrictions on [ADUs] or [JADUs] ... mean[ing] restrictions that do not unreasonably increase the cost to construct, effectively prohibit the construction of, or extinguish the ability to otherwise construct."
The astute reader will note that all three types of permitted restrictions only control construction, but, as noted above, Section 4751(a) also controls use. Does this mean that associations are barred from imposing any restrictions - reasonable or otherwise - on the use of ADUs or JADUs, such as density limits, business restrictions, nuisance provisions, or international money laundering controls? Kidding on the last one, though I suppose ADU washers and dryers could get out of hand.
The astute reader will note that all three types of permitted restrictions only control construction, but, as noted above, Section 4751(a) also controls use. Does this mean that associations are barred from imposing any restrictions - reasonable or otherwise - on the use of ADUs or JADUs, such as density limits, business restrictions, nuisance provisions, or international money laundering controls? Kidding on the last one, though I suppose ADU washers and dryers could get out of hand.
