Odd Question

If it is a state statute - I wouldn't think there would be a need to amend the CC&R's

Allowing ADU's is becoming the law of the land in a lot of places...

You never know what a judge will decide in anything, so if these people want to roll the dice and really piss off their neighbors in the process, have at it, I guess. The lawyers on both sides get paid regardless, so they'll walk away happy

From what you've said, I doubt this would win because the community amended the documents properly and they'd have to prove ADUs wreck property values. Whatever those are - there are several conversations on this website debating property values, what they are, if HOAs enhance them, etc.

If this is a real situation, I wouldn't worry about it until a summons shows up. Right now these people are in their feelings because they were outvoted. Just because ADUs are now allowed doesn't mean they'll pop up like dandelions by June.

The rebuttal from the defense would be that all owners bought homes knowing full well that the CC&Rs could be amended via such-and-such vote. The right to amend pursuant to the CC&Rs is a contractual term, enforceable in court.

Courts do throw out amendments at times, but the amendment has to be something that is clearly unconscionable, like saying the 80 owners on the south side of the HOA have to pay no assessments, while the 20 owners on the north side pay all the assessments. For amendments, this is a "tyranny of the majority." The courts are unlikely to enforce such an amendment.

It probably doesn't work this way but my hope would be that if the people suing didn't have some hard cold facts backing up this 'belief' that the judge would dismiss the case and make them pay for the HOA's legal fees. We really do live in a sue happy world.

The biggest issue with ADU is that they don't pay the dues but benefit from the same amenities the HOA has. It's like the owner added another HOA member onto their land but without being an actual paying member. They are attached to the actual HOA member. Not quite a "renter" but not quite an "owner". It would upset the apple cart of the HOA considering the finances are divided amongst it's membership on how much dues one pays. If your basing it on total number of properties this ups that number. If your basing it on size of the unit, then would this owner now have expanded theirs? Thus making them pay more?

This reminds me of the issue a few years ago when the HOA found out people were letting "illegals" live in their garages. Made apartments out of their garages for tenants to live in. The HOA responded by forcing all the owners to keep their garage doors open during the day. Thus exposing their little "enterprise". They of course got sued over this. However, it did bring to light the issue of one "renting a room/space" in the HOA.

I would vote against this idea completely. Someone can sue all they want. Suing your HOA is suing themselves and their neighbors. If they really wanted this change on either side, then they need to follow the rules of getting it voted in.

Does the resident of the ADU own the structure, or do they rent it from the lot owner? (I've seen both situations in articles about ADUs.) The CC&Rs should spell out which of these is allowed.

Do the residents of the ADUs use any of the common elements? Do they drive on private streets? Do they use any of the amenities?

For example, usually when a homeowner rents their property to a tenant, then the tenant will be able use the amenities - but the CC&Rs often specify that in this case the owner may not use them. Which makes sense - the owner lives elsewhere. But if there are two residences on a single lot and both sets of residents are using the common elements, then that lot owner is basically getting a two-fer for a single assessment.

The increased usage of the common elements will affect their useful life and will increase reserve requirements. Operating expenses would also increase if the hOA provides things like water and trash collection.

In short, if the person living in the ADU is behaving like any other homeowner, then assessments need to be adjusted to account for this.

You can pretty much guarantee that there would be lawsuits if the HOA fails to address these issues. But it would be because of money, not because of the ADUs themselves.