Can my HOA block an ADU even if the city allows it?

The reason is that the state ADU law, A.R.S. 9-461.18, binds municipalities, not homeowners associations. The statute is explicit that it leaves private restrictions in place: "This section does not prohibit restrictive covenants concerning accessory dwelling units entered into between private parties." Your HOA's rules live in recorded CC&Rs (Covenants, Conditions and Restrictions), which are a private contract that runs with your lot. So the city can be forced to permit your ADU, while your HOA's CC&Rs can still say no. You usually have to satisfy both layers.

This is one of the most common surprises for Arizona homeowners. The 2024 and 2025 ADU laws got a lot of attention for opening backyards across the Valley, but they did not touch HOA authority. If you live in a planned community, the HOA rulebook is a separate gate you still have to clear.

Why the state ADU law does not bind your HOA

The state ADU law does not override HOA rules because it was written to limit cities, not private associations. A.R.S. 9-461.18 tells a covered municipality what it may and may not require for ADUs. It strips away city tools like extra-parking demands, owner-occupancy mandates, and oversized setbacks. But an HOA is not a city. It is a private association created by a recorded declaration of CC&Rs, and the statute leaves that private layer untouched.

The text could not be clearer. After laying out what cities must allow, the statute adds: "This section does not prohibit restrictive covenants concerning accessory dwelling units entered into between private parties." A restrictive covenant is exactly the kind of rule found in HOA CC&Rs. So the legislature drew a line. The city gate opens, but a private covenant on ADUs stays valid.

The statute does close one loophole. A city "may not condition a permit, license or use of an accessory dwelling unit on adopting or implementing a restrictive covenant between private parties." In plain terms, the city cannot force you to sign or follow a private covenant as a price of your permit. But that rule limits the city, not your existing HOA. If your community already has CC&Rs that restrict ADUs, those still apply.

This split shows up clearly in practice. A city like Scottsdale now spells out its ADU allowances in its own zoning rules, and the city must follow the state floor. Your HOA's recorded covenants sit on top of that city permission as a separate, private layer. The city's job is to issue a permit if your plan meets code. The HOA's job is to enforce the contract every owner in the community agreed to. The two do not answer to each other, which is why a permit-ready ADU can still be stopped by a covenant.

How CC&Rs can restrict or ban an ADU

CC&Rs can restrict ADUs in many ways because they are a binding private contract on every lot in the community. When you buy a lot inside a planned community, you agree to follow its CC&Rs, and so does every owner after you. Under Arizona planned-community law in A.R.S. 33-1802, the recorded declaration sets the rules for the community, and those rules are enforceable against owners. A.R.S. 33-1817 confirms that an association regulates land use through that declaration. For a fuller definition, see our glossary entry on CC&Rs.

Common ways CC&Rs limit a backyard ADU include:

• An outright ban on a second dwelling unit or any structure used as a separate residence.
• A no-rental rule that bars leasing any part of the property, which can kill the income reason for an ADU.
• A single-family-use limit that allows only one household on the lot.
• Design and approval controls through an architectural review committee that must sign off on size, height, materials, and placement.
• Setback or lot-coverage rules stricter than the city's, since CC&Rs can be tighter than zoning.

Even where the city now allows an ADU by right, any one of these CC&R provisions can stop or shrink your project. The HOA does not have to match the city's five-foot setback floor or its size allowance. It can be more restrictive, because it is enforcing a private contract, not public zoning.

How to find out what your HOA allows

To learn whether your HOA blocks an ADU, read your recorded CC&Rs and ask the association in writing before you design anything. Do not rely on the city's ADU rules alone, because they only tell you half the story. The steps are straightforward:

1. Pull your CC&Rs. You received them at closing, and they are recorded with the county recorder. Search the document for "accessory dwelling," "guest house," "second dwelling," "rental," and "single-family."
2. Read the architectural review rules. Many communities route any new structure through a design committee. Find out what it reviews and how long approval takes.
3. Ask the HOA in writing. Submit your concept and request a written answer on whether an ADU is allowed and what approvals apply. A written record protects you later.
4. Check both layers together. Confirm the city or county rule and the CC&R rule before you spend money on plans. The stricter of the two controls what you can actually build.

If your CC&Rs are silent on ADUs, that can be good news, but read carefully, because a general rule like "single-family residential use only" or a ban on rentals can still reach a new unit. When the language is unclear, an Arizona HOA or real estate attorney can read the declaration and tell you where you stand.

What you can and cannot do about it

Your options depend on what the CC&Rs say, and they range from a design tweak to a community vote, but an HOA restriction is hard to ignore. If the CC&Rs clearly bar an ADU, building one anyway can expose you to fines, a forced removal, and a lawsuit by the association. That is a costly fight to lose. A few realistic paths exist:

• Seek architectural approval. If the CC&Rs allow ADUs with design review, submit a clean, code-compliant plan and work with the committee.
• Request a variance or waiver. Some HOAs can grant exceptions. Ask in writing and keep the response.
• Amend the CC&Rs. Owners can change the declaration, but this usually needs a supermajority vote of the community, which is slow and far from guaranteed.
• Build what is allowed. If a full ADU is barred but a non-rentable guest space is not, that may still meet your needs. See our page on casita versus guest house versus ADU in Arizona.

For an Arizona homeowner, the city mandate and your HOA are two separate gates, and you need to pass both. For the city side, see which Arizona cities are required to allow ADUs and what an ADU is in Arizona and the rules. Because CC&Rs are a binding contract and the stakes are high, read your declaration closely and have an attorney review it before you build.

How Jematell Homes helps

Setbacks, overlays, and ADU rules shape our design work from day one. Every project is different, so we will confirm the specifics for your parcel and budget with you directly.

Sources

• A.R.S. 9-461.18 (Accessory dwelling units; restrictive covenants between private parties)
• A.R.S. 33-1802 (Planned communities; definitions, including declaration and CC&Rs)
• A.R.S. 33-1817 (Planned communities; regulation of land use; declaration controls)
• A.R.S. 11-810.01 (Accessory dwelling units; counties)
• City of Scottsdale: Accessory Dwelling Units (city ADU rules, separate from HOA covenants)