California Senate Bills 9 and 10
Both SB 9 and SB 10 have detrimental consequences for homeowner associations. SB 9 would allow two homes on every lot zoned for single-family homes. In addition, it will require local jurisdictions to approve duplexes or lot splits administratively. When paired with recent ADU legislation, it means existing single-family lots in a planned development could end up with six dwellings per lot instead of one.
The League of California Cities is in opposition to the bill, as well as CAI-CLAC. While we understand that there is a need for more affordable housing, this approach does not make sense regarding an HOA. In addition, it would add to the burden on parking, roads, amenities, utility infrastructure, and other facilities that are not designed for this. Also, associations would have to amend their maps, voting structures, and governing documents every time a lot gets split. This would be very costly for associations.
SB 10 is very similar. It directs cities to streamline the re-zoning of single-family lots to up to 10 units per lot if they are in transit-rich, jobs-rich, or urban infill area, as designated by the Department of Housing and Community Development. HOAs could not stop the approved construction. In other words, a single-family lot in an HOA could be up-zoned, and the association would not be able to stop a 10-unit apartment building from being built. Like SB 9, this would be a logistical and practical nightmare for associations.