San Diego County's Board of Supervisors voted unanimously on August 19 to adopt amendments to the Accessory Dwelling Unit ordinance, establishing new local criteria for properties where ADUs are sold separately as condominiums.
The amendments respond to board direction from March 4, 2026, when supervisors approved changes implementing Assembly Bill 1033, which allows separate sale of ADUs in unincorporated areas through condominium conversion. The new requirements focus on supporting homeownership and owner-occupancy of these units.
The board adopted three new requirements for ADU condominium properties. Owners must establish a right of first refusal contract allowing existing tenants or other unit owners on the same lot to match any future purchase offer. New buyers must sign an affidavit stating they or a family member intend to occupy the unit as a primary residence for a defined period. When units are listed for sale, owners must publish the listing for a specified period with disclosure that the ADU is offered to buyers intending to use it as a primary residence.
The board directed staff to report back within 180 days on enforcement feasibility, potential deed restrictions, and the possibility of increasing allowable ADU sizes. Findings will be shared with public stakeholders, and the county plans to host a public webinar later this year.