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HOA vs City Codes? Who rules?
In San Jose and per codes I’m allowed to build an accessory Dwelling unit in my backyard. But our local neighborhood HOA CCR might prevent it. This is a single family residence not condo.
4. Use of Lots.
The Lots shall be occupied and used as follows:
(a) No Lot (as "Lot" is defined in paragraph 1 (b) above) shall be used except for single family residential purposes. No dwelling designed for occupancy by a single family shall be occupied by more than one family, nor shall any such dwelling exceed two and one-half (2-1/2) stories in height. No structure of a temporary character, trailer, tent, garage, or outbuilding shall be used on any Lot at any time as a residence either temporarily or permanently.
What’s your understanding of this bylaw as it reads?
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Sounds like the HOA won't allow anything but a single family residence per lot. HOA trumps city code, in this instance.