ADUs vs. CC&Rs: A Constitutional Collision

California now permits ADUs and JADUs despite CCR or HOA restrictions.

New California Civil Code §714.3, which went into effect on June 30, 2025, allows property owners to construct additional dwelling units on their parcels, even if they purchased their properties knowing that a deed restriction prohibited such construction. This represents a significant change, and some question its constitutionality, as the law appears to eliminate vested property rights related to permissible housing densities and to override contractual agreements that do not discriminate against any traditionally protected class (e.g. race, ethnicity, religion, gender).

Nevertheless, it appears that owners of eligible properties may proceed with installing accessory dwelling units up to 1,200 square feet (ADUs) and/or junior accessory dwelling units up to 500 square feet (JADUs) on their parcels wherever feasible—regardless of whether neighbors might object and applicable HOA Bylaws or CC&Rs would otherwise restrict construction to a single dwelling unit per lot.

So, you may want to consult a lawyer if: (i) Your HOA and/or your neighbors attempt to block or restrict you from constructing a lawful ADU or JADU on your property; or (ii) your neighbor wishes to construct an ADU or JADU on their property, but your shared HOA Bylaws and/or CCRs on the development would have restricted such construction prior to June 30, 2025, and you would like to explore possible remedies.