lot split to build additional dwelling ?

Started by JoeT9 • 7 replies • 132 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

JoeT9 (California)
Posts: 1

Posted:

Hi All, anyone live at X, San Jose, CA. HOA CCR is not clear on lot split to build additional dwelling. Most of the lots are at least 1 acre so splitting it to build another home would be very fortunate. Can HOA boards enforce it?

TimB4 (Tennessee)
Posts: 21,059

Posted:

Joe,

Please read the posting rules (big smiley that says "our posting rules"

What do your covenants say about splitting lots?

ElleN (Idaho)
Posts: 1,333

Posted:

Quote:

Posted By JoeT9 on 08/26/2025 2:42 AM
Hi All, anyone live at X, San Jose, CA. HOA CCR is not clear on lot split to build additional dwelling. Most of the lots are at least 1 acre so splitting it to build another home would be very fortunate. Can HOA boards enforce it?

I suspect a lot split would require city approval. The approval of HOA members, via an owners' vote, might also be needed. Why? Because an amendment to the plats would be needed. An amendment to the plats translates to an amendment to the declaration. An amendment to the declaration requires an owners' vote.

I believe offering a meaningful opinion here is not possible without seeing the entirety of your CCRs and the plats. Your CCRs and the plats are where an attorney would start to answer your (very legal) question.

DeanJ
Posts: 1,786

Posted:

Quote:

Fortunate for whom? If all the homes are on 1 acre lots and you split a lot, you diminish the value of the homes adjacent to you and diminish the quality of the development.

TerriS6 (California)
Posts: 3,284

Posted:

https://findhoalaw.com/sb-677-accessory-dwelling-units/

TerriS6 (California)
Posts: 3,284

Posted:

Right now you can build two duplexes on a single family lot in an HOA. The pending legislation would allow you to split the lot and sell it regardless of what governing docs say.

DeanJ
Posts: 1,786

Posted:

Quote:

Posted By TerriS6 on 08/27/2025 4:13 PM
Right now you can build two duplexes on a single family lot in an HOA. The pending legislation would allow you to split the lot and sell it regardless of what governing docs say.

With the fire issues in CA, the legislature is really going to allow less space between buildings on lots?

TerriS6 (California)
Posts: 3,284

Posted:

The legislature would prefer there was no space between buildings.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here