Making Room for ADUs, JADUs & Conversions—Without Losing Our Neighborhood Soul
Last updated: September 9, 2025 • Prepared by: Eastridge Hills Document Revision Committee
Reality
Our CC&Rs were drafted in a “one house per lot” era. California law has since changed. Today, homeowners have the legal right to add Accessory Dwelling Units (ADUs), Junior ADUs (JADUs), and to make compliant conversions (for example, garage or interior space) when permitted by state and local law.
Translation? Some CC&R phrases (like “single-family only”) are now out of sync with state law and can’t be enforced if they unreasonably block ADUs/JADUs. We’re modernizing the documents so they’re both lawful and neighbor-friendly. Yes, we can do both.
What Changes (in Plain English)
1) Definition Updates
- Dwelling now covers the primary home and any legally built ADU or JADU, including approved conversions of existing space.
- ADU and JADU are defined consistent with California law (they’re not unicorns; they’re real, legal homes).
2) Residential Use
- “Single-family residential” is clarified to include the primary home, ADUs, JADUs, and compliant conversions.
- The HOA may adopt reasonable, objective (Not subjective) design standards (materials, screening, placement, lighting) that don’t effectively prohibit ADUs/JADUs.
3) Renting
- Owners may rent a primary dwelling, an ADU, a JADU, or a legally permitted converted unit.
- Our CC&Rs do not cap the percentage of rentals, but even if we had a cap, rentals of ADUs/JADUs generally do not count toward that cap (see Civil Code §4741).
- Short-term rental limits (e.g., no hotelification) still apply if set by the HOA and city.
4) Compliance Clause (The “State Law Wins” Rule)
- If any CC&R language conflicts with California’s ADU/JADU laws, the state law controls. No creative lawyering required.
About Conversions: Converting existing space (e.g., garage or interior area) is allowed when it meets city and state requirements. Some state rules limit an HOA’s ability to require replacement parking for certain conversions. Bottom line: apply early, apply right, and coordinate with the ARC and the City.
What Stays the Same (a.k.a. Neighborhood Standards Still Matter)
- Permits & Codes: City permits, inspections, and building codes still rule the day.
- ARC Review: Exterior changes and site plans still require objective ARC review for look-and-feel, screening, drainage, utilities, and safety.
- Site Constraints: Recorded easements, drainage paths, and designated no-build areas still apply. (If your lot has special constraints, ARC will flag them.)
- Good Neighbor Rules: Noise, trash, parking placement, and construction behavior rules still apply. We love progress; we don’t love midnight jackhammers.
Consequences
If we didn’t update, we’d invite confusion, unenforceable restrictions, and needless disputes (expensive ones). By aligning our CC&Rs with state law, we preserve homeowner rights and neighborhood accountability. Everybody wins—except chaos.
Call to Action
- Read the Summary. You just did—gold star.
- Planning an ADU/JADU or Conversion? Email the ARC first. We’ll walk you through objective (No subjective) standards and the City’s permit steps.
- Watch for Board Notices. The Board will adopt and record the CC&R amendments. You’ll receive formal notice per state procedure.
Questions? Comments? Praise for our witty headings? Contact the Board. We respond faster than weeds grow.
Quick FAQ
Can I build an ADU and rent it out?
Yes, if it meets City and state requirements and the ARC’s reasonable, objective standards.
Can I convert my garage?
Possibly, if you meet City building, fire, and parking rules. Some state protections limit replacement-parking demands for certain conversions. Coordinate with ARC early to avoid surprises.
What will ARC review?
Placement, screening, access, utility connections, drainage, exterior finishes, lighting, and construction logistics—objective (Not Subjective) standards that maintain our neighborhood look and safety without blocking lawful ADUs/JADUs.
Do “no-build” areas and easements still matter?
Yes. Recorded constraints, drainage paths, slope stability, and utility easements still apply. State law supports reasonable limits tied to health, safety, or objective (Not Subjective) site conditions.
Legal References (for the curious and the caffeinated)
- Gov. Code § 65852.2 (ADUs) & § 65852.22 (JADUs): State ADU/JADU definitions and standards.
- Civ. Code § 4751–4754: HOAs may impose only reasonable restrictions; may not unreasonably prohibit ADUs/JADUs.
- Civ. Code § 4741: Rental caps in HOAs and the treatment of ADU/JADU rentals.
- Local Permits: City of Fairfield building, fire, and planning requirements still apply.
This summary explains the direction of our CC&R amendments; the recorded CC&Rs control if there’s any conflict.
