Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
I'd think we're getting into a legal question here -
If pre-existing deed restrictions require single family occupancy only ( and there are many non-HOA subdivisions that have such restrictions), does California law put in place AFTER said deed restrictions were signed by a property buyer, supersede the purchase/sale contract that incorporated said deed restrictions?
I seem to remember some language like "Congress shall pass no ex post facto law" [yes, I know this would be a state legislature, but still...] so, OP, if I were you I'd confirm what's actually in your deed restrictions and seek legal advice if they conflict with what you want to do.
In Sacramento County. The market is in high demand, along with the demand for rent. The city allows 2 ADU. A garage conversion (which I will be doing) + backyard ADU. My lot has enough space for both. Parking won't be an issue; I am turning my front yard into a parking space anyway. Sewer and water won't be an issue either. Currently changing out to a 200 amp to a 400-amp panel to handle the main house, along with the garage ADU.
The only really downside is taking money out of the stock market to finance this backyard project. I have a feeling my Financial Advisor may be against it. I purchased my house in 2010 at $200,000 at its near $600,000 today. So, I feel comfortable with that increase in value. For the record, this will be my forever home unless I retire oversea
So you're planning to rent to family in both cases. Are you ready for that much familial togetherness? Are you sure the sister or brother wouldn't take advantage of the relationship by being late with the rent (even if they have a steady income)? (I rented to friends once, who were always late with the rent. Had to have a talk with them about how my mortgage payment was always due on the 1st of the month, no matter what, and friendship doesn't mean you get to slide on rent deadlines.) Would you be ready to handle any issues as they arise? Carelessness in caring for their unit (e.g. failure to run bathroom fan while showering = slow water damage from chronic condensation, to name one thing that could go wrong)?
Also, I don't see how you can run sewer and other plumbing through a section of property that was a former pool. That underground cement structure will still be there. Will you be running the pipes around it? There's no other choice, but pools are big enough, that I wonder how you'd have room to do all that.
However, if you don't use the pool, I can see why you'd want to fill it in: they're expensive to maintain, water can be scarce in CA, plus there's the insurance liability issue that would be eliminated. OTOH, in Sac I imagine a property with a pool has better resale value, if you ever needed to sell the place and downsize to fund home health care for yourself, or a nursing home in old-old age. Check w/your financial advisor on the pros and cons, and the relative value of a 2nd ADU compared to a pool, and all that.
Also check with your insurance company to see if your premiums would go up if you kept the pool but added the garage ADU: a tenant with access to the pool would be something they'd need to know about.
Last edited by Ruth4Truth; 07-31-2023 at 10:17 AM..
I can understand that the OP will be providing housing for his parents with the attached garage ADU and receiving extra income with the filled-in pool ADU, but his lot, as a whole, is going to look unattractive with a totally paved front lawn and two extra dwelling units in the back. I can't imagine that these "improvements" will increase the property value in the long run. JMHO.
I'd think we're getting into a legal question here -
If pre-existing deed restrictions require single family occupancy only ( and there are many non-HOA subdivisions that have such restrictions), does California law put in place AFTER said deed restrictions were signed by a property buyer, supersede the purchase/sale contract that incorporated said deed restrictions?
I seem to remember some language like "Congress shall pass no ex post facto law" [yes, I know this would be a state legislature, but still...] so, OP, if I were you I'd confirm what's actually in your deed restrictions and seek legal advice if they conflict with what you want to do.
This doesn't apply. It's been tested in California.
I can understand that the OP will be providing housing for his parents with the attached garage ADU and receiving extra income with the filled-in pool ADU, but his lot, as a whole, is going to look unattractive with a totally paved front lawn and two extra dwelling units in the back. I can't imagine that these "improvements" will increase the property value in the long run. JMHO.
Things are different in California, especially in the cities/burbs. This would probably not look that odd at all, based on what I see in neighborhoods the past 25 years.
Also, I don't see how you can run sewer and other plumbing through a section of property that was a former pool. That underground cement structure will still be there. Will you be running the pipes around it? There's no other choice, but pools are big enough, that I wonder how you'd have room to do all that.
It doesn't work that way! The whole structure of the pool has to be removed. The fill has to "engineered"- as I previously stated. It has to be stable enough to support the structure of a new building.
Yes, there are times where people demolish pools and just bury all the debris in the hole- some places that's perfectly legal- other places, not so much! But, they're most likely NOT putting a structure on top of the old pool location- like the OP is suggesting.
It doesn't work that way! The whole structure of the pool has to be removed. The fill has to "engineered"- as I previously stated. It has to be stable enough to support the structure of a new building.
Yes, there are times where people demolish pools and just bury all the debris in the hole- some places that's perfectly legal- other places, not so much! But, they're most likely NOT putting a structure on top of the old pool location- like the OP is suggesting.
Thanks for clarifying. I didn't quite get your drift re: the "engineered" aspect. Makes perfect sense, though. If he has room for an ADU that's out of the way of the pool, that seems like it would be a larger than standard city lot. But, whatever. Sounds like a very expensive proposition, though. Just building the ADU itself would be quite an expense. Then added to it, dealing with dismantling the pool + the earth engineering. *whew* Doesn't sound like the math would be favorable, but the OP's in the process of researching everything, so we'll see.
Just building the ADU itself would be quite an expense.
All of that is relative to the existing market- what an ADU cost to build in CA- far out weighs the cost like here in the SE. But, there is one major way to control cost AND disruption when building ADU's- use modular building practices or "panel construction". Actual site construction can be limited to a couple of wks versus months.
So you're planning to rent to family in both cases. Are you ready for that much familial togetherness? Are you sure the sister or brother wouldn't take advantage of the relationship by being late with the rent (even if they have a steady income)? (I rented to friends once, who were always late with the rent. Had to have a talk with them about how my mortgage payment was always due on the 1st of the month, no matter what, and friendship doesn't mean you get to slide on rent deadlines.) Would you be ready to handle any issues as they arise? Carelessness in caring for their unit (e.g. failure to run bathroom fan while showering = slow water damage from chronic condensation, to name one thing that could go wrong)?
Also check with your insurance company to see if your premiums would go up if you kept the pool but added the garage ADU: a tenant with access to the pool would be something they'd need to know about.
No, it won't be an issue with family. I come from a large and very loving family. My siblings are very well rounded. I help raised them the day they were born, (I was like their second parent). I know them like the back of my hand. Hence the reason why I don't want any kids of my own. I did enough child rearing to last me 2 lifetimes. If somehow, they can no longer pay for rent, it means that something tragic has happen. The backyard ADU will be fully paid off from Day 1, so it won't be an issue even if they cannot pay for it. As for the garage ADU, I am the owner of my parents' life insurance policy. The garage ADU will be paid off upon there death.
Yes, I expect my insurance, property taxes to go up with these 2 additions. And yes, it will be expensive to do the ADU. It can be $150,000+ but it is still worth the investment for the backyard. The garage is about $70,000. Would have been more had I hired one contractor to do the job but by breaking it down to multiple contractors, I came out ahead. I was getting quotes for the garage was $110K-150K. But with that said, the backyard is still in the early stages. It may or may not happen.
If you deal with all the legalities and engineering, I will just address having a rental unit in your backyard.
It could possibly provide you with some good income but before you decide to do it, join a landlord forum or two and study what is involved in screening tenants. Screenig isn't easy and if you get a bad tenant, it is unpleasant and costly. If that bad tenant happens to be living in your own backyard, it would be hellish.
Carefully study California landlord tenant laws. California is hostile towards landlords so be sure you understand what you would have to do to not get into legal hassles. If you only own the three dwelling units you are exempt from most of the federal fair housing laws, but probably not exempt from all the California and city fair housing laws, so know what they are.
Experienced landlords have a firm, never compromised rule and that is "never rent to friends or family". Seriously. My best advice here is to never rent to friends or family.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
