With the rising cost of living, many homeowners are utilizing their legal right to offer guest houses and ADUs (accessory dwelling units) as alternative housing options for tenants seeking economical rental properties. However, some HOA covenants restrict ADU and guest house rentals. You may be asking, ‘How to fight your Tucson HOA over guest house and ADU approvals?’ If so, we hope to answer your questions below.
Statewide ADU Legislation in Arizona
In 2024, Arizona state legislators signed House Bill 2720 into law, making the construction and rental of ADUs legal statewide. This law allows a homeowner to build and utilize ADUs for long-term residential use or to rent an existing guest house or ADU to qualified tenants. Any lot with a single-family dwelling is allowed one attached and one detached ADU, and lots that measure an acre or more can be entitled to even more ADU structures.
This law was established due to the high cost of housing and the difficulties many lower-income and middle-class families experience when trying to qualify for rental property. ADU legislation helps prevent homelessness and also allows families the versatility to live communally with aging parents or adult children.
HOA Disputes
Across the US, around 369,000 HOA organizations exist. This number continues to increase each year, representing a growing trend in community living, like the Sycamore Park Community that spans east from South Kolb Road and I-10. For younger homeowners, multi-generational living and the possibility of additional income are incentivized by the new law that allows ADU use for guest housing and independent living.
However, this legislation does not automatically override HOA covenants and restrictions, which may place rules over the building and leasing of ADU units. Many housing communities in Tucson have HOA boards and covenants that restrict ADUs and place rules on alternative housing, including vacation rentals and temporary rentals.
Consequently, conflicts between state laws and HOA covenants, conditions, and restrictions do arise. Many homeowners do not want their neighborhoods opened to outside renters, out of fear of rising crime rates, nuisance complaints, construction noise, and other potential grievances.
While some HOA resident concerns are valid, it is your legal right as a homeowner to utilize your property as a source of alternative housing. A qualified Tucson HOA lawyer can help strategize an effective compromise between homeowners and HOA boards that protects the rights of the homeowner while mitigating disputes.
Strategies for ADU and Guest House Approvals
It’s frustrating to face restrictive rules and covenants that prevent you from utilizing your property in the way you wish. Tucson HOA laws are complex and require a careful, knowledgeable approach to prevent lengthy litigation and ongoing discord between homeowners, neighbors, and HOA boards.
When you hire an HOA law attorney from Harper Hall, we evaluate your case with client-first consideration, helping to structure a sound legal strategy that effectively addresses your needs. We can help you navigate issues, such as challenging HOA overreach. Our experienced attorneys can help challenge restrictive HOA provisions that unfairly restrict your ability to rent or build your ADU.
ADUs are valuable investments that increase property value and provide versatile housing options to families and loved ones alike. The global value of ADU property is projected to reach $43.33 billion by 2034, making it a lucrative investment and an environmentally and financially friendly alternative to traditional housing. Protect your legal right to own an ADU by speaking to a knowledgeable Tucson ADU lawyer, who can advocate with HOA boards on your behalf.
Why Choose Us?
If you wish to challenge your HOA over ADU disputes, Harper Hall PLC can help. With over 20 years of service to residents of Tucson and the surrounding areas, we offer personal, professional representation to homeowners and landlords who wish to help address the housing crisis in Arizona through alternative housing options.
FAQs
How Do I Win Against My HOA?
To be successful with an HOA case requires careful planning and negotiation strategies that firmly help to establish your legal right to own and rent ADU properties. Your legal team can help you gather evidence, statistics, and other supporting documentation to advocate for your right to utilize an ADU on your property. While there are no guarantees that litigation can help a homeowner prevail against an HOA board, a sound legal strategy can increase your odds of a favorable outcome.
What Is an Example of HOA Discrimination in ADU Cases?
An example of HOA discrimination in ADU cases can include disability violations, like refusing to allow homeowners to install accommodations such as wheelchair ramps and safety railings. Other HOA discrimination examples that might apply to ADU cases are selective enforcement of rules and covenants, where certain HOA residents are allowed to build or rent ADUs as guest houses, and others are not.
Is It Worth Pursuing Legal Representation Against Your HOA?
Yes, it can be worth pursuing legal representation against an HOA when you wish to dispute HOA restrictions, because without proper representation, the chance of winning against an HOA board is minimal. It’s advisable to seek legal representation before beginning the process of building your ADU or renting an existing ADU.
How Much Does an ADU Lawyer Cost?
The cost of an ADU lawyer for an HOA law case is calculated on a case-by-case basis. Attorney fees vary according to the complexity of the case, and it is impossible to quote a fee without a careful evaluation of your ADU situation. After meeting for an initial consultation, attorneys can often quote you a fee if they can offer representation.
Hire an HOA Law Attorney in Tucson, AZ, Who Knows How to Fight You Against Your Tucson HOA Over Guest House and ADU Approvals
At Harper Hall PLC, we approach each HOA law case with careful consideration, serving clients in the Tucson area and throughout Arizona with a client-centered strategy. Our experienced HOA attorney can help you defend your right to own or rent an ADU on your property. Contact us to learn more about ADUs and your rights.
