45-Day Notice: Proposed Architectural Standards ADU/JADU Rule Change
Association News, Member NewsNote: This was originally published in the September 2025 issue of Tahoe Donner News.
Pursuant to Tahoe Donner Covenants and Restrictions Article III, Section 7, modifications to rules and proposed new rules must go out for a 45-day member notification and comment period prior to the Board of Directors’ consideration and approval.
Changes to the Tahoe Donner Association Architectural Standards (AS) Rule will be considered for action by the Board of Directors. The Board is expected to review a first draft, and possibly take action to adopt the proposed AS Rule, as presented here or with some modification, at a regular meeting of the Board on October 24, 2025.
The Board invites you to participate in the rule-making process by attending upcoming board meetings where the proposed rule is on the agenda (see Key Dates) and/or by submitting a written member comment on the proposed rule during the 45-day notification and comment period.
Background
Pursuant to Tahoe Donner Covenants and Restrictions Article III Section 7 “the board may, from time to time, propose, enact, amend rules and regulations of general application to the Owners of Separate Interests within the Properties.” Article III Section 7 (b) states, “…no association rule shall be adopted until the proposed rule or amendment thereof has been published to the members at least 45 days before the date when the board is scheduled to act on the proposal…” This notice is referred to as a (“45-Day Notice”) in the Tahoe Donner rule-making process.
The First Restated Covenants and Restrictions (C&Rs) assign the Architectural Standards Committee (ASC) the authority to oversee architectural standards. The committee’s goal is to maintain architectural consistency, quality, and harmony within the Tahoe Donner community. According to the authority granted in the C&Rs, the ASC, with a majority vote and the approval of the Board of Directors, can adopt, amend, or repeal Architectural Standards (AS) Rules. These rules serve to interpret or implement the relevant provisions of the C&Rs, in accordance with Article III, Section 7b.
On January 1, 2020, the State of California passed AB 670 to address the need for affordable housing. This law over-rid prohibitions on ADUs in homeowners’ associations’ governing documents, and allowed an HOA to enact additional, reasonable restrictions on ADU/JADUs. In February 22, 2020 the Tahoe Donner Architectural Standards Rules were updated with Appendix B to define rules and restrictions for Accessory Dwelling Units and Junior Accessory Dwelling Units.
Tahoe Donner Association was designed as a single-family residential area, and the peaceful enjoyment of properties is an important value for its members. These 2020 rules were designed to protect the peace and quiet as well as the look and feel of our community, while still complying with state law and its intended purpose. Maintaining our setbacks is particularly important in this mountain community where many lots are of limited size and where fire danger and heavy snowfall are key in considering the space between residences.
Because of recent developments in state law, Tahoe Donner Association formed an ADU Subcommittee, with the purpose of serving the ASC members and CSO staff as a source of advice for ADU standards for TDA, becoming informed in state and local ADU code changes and requirements and working in conjunction with HOA legal counsel to develop modifications to our ADU rules and make recommendations to the Board of Directors for the adoption of those modified rules.
The proposed change to the ADU rules is based on feedback from the ADU Subcommittee after having thoroughly reviewed all of TDA’s ADU rules in conjunction with HOA counsel’s legal option. The ASC feels that these proposed rule changes are in alignment with state law changes to ADU requirements.
On April 7, 2025, the ADU Subcommittee met to review/draft/propose rule changes.
Rule Change Purpose and Effects
The current ADU Rules were enacted over five years ago. However, changes in state law require a review of our rules to ensure compliance, and to require some updates to the existing rule.
The purpose of the proposed ASC Rule change is to ensure that we are in compliance with changes in state and federal law.
Additionally, the proposed rule change aims to achieve the following outcomes:
- Allow for both an ADU and a JADU on a single lot where it was previously restricted to only one ADU OR JADU per lot.
- To expand the maximum sizes for ADUs to align our rules with what is allowed by the State.
- To remove the 90-day grace period for applying for approval since the law is no longer new and ADUs have been allowed in TDA for over five years now.
The final development of the proposed rule change was presented to the ASC who voted to approve and forward to the Board of Directors. The proposed rule is now ready to be presented to the Board of Directors for its review and approval if the Board chooses to do so.
Key Dates
September 1, 2025: The 45-day member notification and comment period begins.
September 26, 2025: Board of Directors meeting; receives and hears member comments on the proposed rule.
October 24, 2025: Regular Board of Directors meeting to consider adopting the proposed rule changes with or without modifications.
Member Comments
Please submit your written comments below, or US Mail: Tahoe Donner Association Attn: Timea Griset, 11509 Northwoods Blvd., Truckee, CA. 96161.
To ensure the board of directors has time to review all member comments, written comments must be submitted by October 17, 2025.
PROPOSED CHANGES TO ARCHITECTURAL STANDARDS ADU/JADU RULES
DEFINITIONS
California ADU Law shall mean Sections 65852.150, 65852.2 and 65852.22 of the California Government Code. ADU provisions in the California Government Code.
THE FOLLOWING RULES APPLY TO ADUs AND JADUs:
1. One Quantity of ADU or JADU per Lot: Only One accessory dwelling unit (attached or detached) or and one junior accessory dwelling unit (JADU) shall be permitted. may be constructed and/or used or occupied on any single-family residential lot.
3. Compliance with the Governing Documents: Any proposed accessory dwelling unit and junior accessory dwelling unit shall also comply with the requirements of the Governing Documents. The Governing Documents may be more restrictive than the Truckee Municipal Code, but shall not be applied in situations where the Architectural Standards Committee has determined that such application would unreasonably increase the cost to construct, effectively prohibit the construction of, or extinguish the ability to construct an accessory dwelling unit or junior accessory dwelling unit consistent with the provisions of the California ADU Law. For certain common issues that may arise under the Governing Documents, the ASC shall follow the guidelines below in making a decision on an application for approval of an ADU or JADU.
3.2 Floor Area Limitation: An For parcels under 1 acre an ADU shall have no less than 150 sf and no more than 800 850 sf of fully enclosed floor area devoted to living purposes and a JADU shall have no more than 500 sf of fully enclosed floor area devoted to living purposes.
3.3 Parking: An Each ADU or JADU shall provide for one designated on-site parking space in addition to the 400 sf minimum parking paved on-site area required for the lot. The number of cars permitted for the accessory dwelling and junior accessory dwelling unit tenants shall not exceed the available off- street parking spaces provided. ADU and JADU tenants shall be required to utilize the parking spaces provided.
4. Unpermitted or Unapproved Accessory and Junior Accessory Dwelling Units: These rules shall not validate any existing ADU or JADUs that have not been permitted by the Town of Truckee and approved by the Tahoe Donner Association. To convert such a unit to a permitted and approved ADU or JADU, the applicant must meet the requirements of the Truckee Municipal Code and the Governing Documents, and the Town of Truckee must permit the unit and the Tahoe Donner ASC must approve the unit for it to be a legal unit. Applicants with existing units must apply for permit and/or approval within 90 days of adoption of these rules. Unpermitted units that are found to be non-compliant after this period shall be subject to an enforcement process.
6. Conditions and Variances: The ASC shall retain the right to impose reasonable conditions on its approval of an ADU or JADU, and to grant variances on a case-by-case basis, as provided for in the Governing Documents.