2026-09-09 · California · Regulation

San Diego County has become one of a handful of California jurisdictions to let accessory dwelling units be sold separately as condominiums — and its ordinance does something no other has: it requires a homeowners association to be created first, and gives an existing association a documented veto.

Ordinance No. 10986 was adopted unanimously by the Board of Supervisors on March 4, 2026 and took effect April 4, 2026, adding a Zoning Ordinance section implementing AB 1033 (Government Code section 66342). It applies to unincorporated areas only. The County's guidance document was revised April 3, 2026.¹

The ordinance names Davis-Stirling

This is not an inferred interaction. The County's qualification checklist puts it directly:

Item 13: “Do you have CC&Rs prepared and an HOA formally established?” — required before approval of a Tentative Parcel Map or Tentative Map. The CC&Rs “must be prepared to formally establish the HOA,” and must “govern responsibility for common areas, set dues and insurance requirements.”

Item 11 requires conformance with “the Davis-Stirling Common Interest Development Act and applicable provisions of the Subdivision Map Act.”

Item 8 is the one existing boards need to read: a property already inside an existing HOA needs “written authorization from the existing HOA… approval by the association's Board at a duly noted Board meeting, and if needed… membership approval.”

What the CC&Rs must contain

The County specifies minimum contents: insurance for common areas; dues for shared roofs, pool, driveways, fencing and landscaping; reciprocal driveway easements; allocation of utility payments; and a clause requiring any owner who rents their unit to conform to the association.

For projects with three or fewer members, the County points to an unincorporated association under Civil Code section 4800 — which has no board of directors.

The rest of the requirements

Written consent from lienholders and deed-of-trust holders. Utility provider notification. A condominium plan prepared by a licensed surveyor or civil engineer. A Final Map for five or more units, a Parcel Map for four or fewer. Tentative approval expires after three years.

Junior ADUs are not eligible. And the process produces no increase in unit count — it changes ownership structure, not density.

1. County of San Diego Planning & Development Services, 'Separate Sale of ADUs as Condominiums — Qualifications Guidance' (revised April 3, 2026), implementing Ordinance No. 10986 ↩
2. Civil Code § 4751, California Legislative Information — Davis-Stirling accessory dwelling unit provisions ↩
3. Accessory Dwelling Unit Handbook, California Department of Housing and Community Development (March 2026 edition) — homeowners association FAQ and AB 1033 local option ↩
4. AB 956, California Legislature — bill status (two detached ADUs; presented to the Governor September 4, 2026) ↩