Can my HOA stop me from building an ADU in Phoenix?

Possibly, yes. Arizona's ADU law limits what cities can require, but it states that it does not prohibit restrictive covenants concerning ADUs between private parties. HOA covenants are private covenants. If your CC&Rs restrict accessory buildings, rentals or second units, the HOA can enforce them even after the city approves your ADU.

Why doesn't the state law override my HOA?

A.R.S. § 9-461.18 is aimed at cities and towns. It tells a municipality what it may and may not require of an ADU. It also says, in plain terms, that the section does not prohibit restrictive covenants about ADUs between private parties. An HOA's declaration is exactly that kind of covenant.

What the law does stop is the city getting involved: a municipality cannot require a covenant for an ADU, and it cannot condition a permit on adopting or enforcing one.

So who checks the HOA rules?

You do, or we do for you. The City of Phoenix's ADU page simply tells residents to check their HOA rules about accessory structures. A city permit and HOA approval are separate tracks, and you need both.

What should I look for in my CC&Rs?

• Accessory building limits. Size, height, number and placement of detached structures.
• Use restrictions. Wording that limits each lot to one single-family residence.
• Leasing rules. Minimum lease terms, rental caps or bans on renting part of a lot.
• Architectural review. Whether plans need committee approval, and how long the committee has to respond.
• Materials and colors. Roof tile, stucco texture and paint palettes.

What if the HOA rules are silent or unclear?

It depends on the wording and on the community's design guidelines. Some declarations mention guest houses but not ADUs; others regulate any structure over a certain height. When language is unclear, ask the architectural committee in writing before paying for full drawings. For a serious dispute, an Arizona attorney who handles HOA law is the right call; we are builders, not lawyers.

How do we handle HOA approval?

• We read the CC&Rs and design guidelines you send during the lot check.
• We design to the stricter of the city rules and the HOA rules.
• We prepare the drawings and color boards the committee asks for.
• We submit to the city only after the HOA path is clear, so you do not pay for a permit you cannot use.