Madera, CA Accessory Structures: ADU Owner Occupancy (2026)

513(F)(10) spells out what must go into the deed restriction filed with the County Recorder before any ADU is occupied. Under subsection (c), the accessory dwelling unit is considered legal only so long as either the primary residence or the ADU is occupied by the owner of record, though that owner-occupancy condition drops away if the property owner is a governmental agency, land trust or nonprofit housing organization, an exception built for affordable-housing operators rather than individual homeowners. The restriction also has to state the ADU cannot be sold separately from the primary residence and cannot exceed 1,200 square feet while complying with the section's other development standards.

Subsection (d) makes the restriction run with the land, binding on any successor owner, and states that lack of compliance can void the ADU's approval and expose the property owner to legal action. For subdivisions that include ADUs, subsection (e) requires the deed restrictions to be recorded before the Final Map or Parcel Map is recorded, and each ADU lot must remain unoccupied until the property actually transfers ownership so the recorded restriction can take effect. 513(G)(5)(c).