Proactive rule adoption and enforcement will ease the growing pains of ADU/JADUs in your community. Formally termed the Accessory Dwelling Unit (ADU), this ever-popular form of housing is a legal and regulatory term for a secondary house that shares the building lot of a larger, primary house. The ADU is a self-contained housing unit that provides for living, sleeping, cooking, and sanitation. ADUs are either attached to or detached from the primary residence but provide independent living facilities for its occupant.

The current pandemic is presenting similar warning signs that many community associations experienced during the housing crisis in 2007. With the ‘Stay at Home’ order in place to slow the spread of the virus, we recognize that people who cannot work have to start making hard decisions.

Last Friday, the California Department of Public Health issued new guidelines for reopening additional sectors of the economy. The new guidance contains two main points of interest to community associations including Fitness Facilities and Outdoor Recreation. While neither document specifically referenced HOAs, both documents provide guidance for reopening pool areas, and the Fitness Facility Guidance includes information for associations that have gyms. It is important to note that these go into effect no sooner than June 12, 2020, and only after county health officer approval following review of specific criteria related to the spread of coronavirus infection.

The following guidelines respond to the many questions Richardson|Ober|DeNichilo has received from community associations throughout the State about pool use and potential liability in light of the existing (and sometimes inconsistent) COVID-19 Orders in place.