HOA vs City Codes? Who rules?

4 Replies

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?
Sounds like the HOA won't allow anything but a single family residence per lot. HOA trumps city code, in this instance.
Originally posted by @Gary F.:
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?

HOA's can add additional restrictions onto existing city ordinances.

@Gary F.

What is the accessory building- garage, shed, gazebo, pool, motherin-law suite, etc. ? If it’s an apartment I don’t think it will be allowed. 

I’ll be building an accessory Dwelling unit for residential rental income

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