HOA Can Block Homeowner's Construction of Junior ADU

In a high-profile controversy, a condominium owner obtained a city permit from the City of Carlsbad to build a junior accessory dwelling unit – then began construction in a way that dug into the foundation of a six-unit townhome structure. He claimed that because his townhome is a single-family residence, he was protected under a state law – Civil Code §4751 – that prohibits homeowner associations from barring ADUs and JADUs in single-family areas.

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