Many homeowners in Arizona are fond of accessory dwelling units (ADUs). These unique spaces are also known as casitas, in-law suites, or backyard homes. They provide a useful and versatile space for housing a family, creating rental income, or simply adding more flexibility to a property. But when you live in a community governed by a homeowners’ association (HOA), you may be curious about Arizona’s new ADU law vs. your HOA.
Recent changes in Arizona law have altered the balance of power for homeowners. While HOAs still have some authority, state law now forbids municipalities in many instances from prohibiting ADUs, and bars them from requiring that developers impose restrictive covenants concerning ADUs. If you are facing pushback from your HOA over ADU plans, understanding Arizona HOA laws can help you protect your property and your rights as an owner.
Examining Arizona’s New ADU Law
Arizona’s new ADU law represents a major shift in property rights. Arizona House Bill 2720, along with updates codified in A.R.S. 9-46.18, now requires many Arizona cities and counties to allow ADUs at residential locations. Specifically, those municipalities with a population over 75,000 must permit at least one attached and one detached ADU on single-family properties. This marks a major expansion of the rights homeowners have over their own land.
Given that Arizona is home to over 7.7 million people, many areas meet the qualifications for this update. ADU access across many Arizona cities serves as a means to address housing shortages and affordability challenges. While this may be a change for HOAs, it’s legally allowed and encouraged by the state.
Comparing ADU Laws and HOA Authority
While the new law was designed to give homeowners more authority and decision-making power over their own property, HOA restrictions will still apply. Specifically, an HOA’s Covenants, Conditions, and Restrictions (CC&Rs) often include restrictions for individuals looking to build an ADU, such as:
- Forced design matching with the owner’s house or other houses in the area
- Strict construction timing that impedes the ability to reasonably build the structure
- Limitations on placement beyond laws, such as in proximity to neighbors or streets
- Demands for features like additional parking, even in the name of accessibility
- An overabundance of safety features that go beyond standard laws and regulations
- Requiring expensive materials for reasons unrelated to reasonable safety measures
How to Respond During Disputes With Your HOA
When an HOA law case arises over the construction or planned construction of an ADU, it can create uncertainties. These gray areas must often be navigated carefully, ideally with the help of a skilled HOA lawyer who can understand the order of authority when comparing old laws, new updates, and HOA contracts.
Your lawyer can provide insights into your situation and assess whether an HOA is overstepping its boundaries. If the organization continues to pressure you or try to retaliate against you for exercising your legal rights as a homeowner, a case may be necessary to resolve the dispute. When you hire an HOA law attorney, they can stand by you in all court hearings to advise you on how to proceed.
FAQs
Is There an Alternative to Court Hearings During an HOA Dispute?
Yes, there is an alternative to court hearings during an HOA dispute. This is known as the HOA Dispute Process, as defined in A.R.S. Title 32, Chapter 20, Article 11. If you are in a situation where you believe legal action must be taken, your lawyer may suggest this avenue as a way to keep disputes out of court if possible.
Can an ADU Improve the Value of an Arizona Property?
Yes, an ADU can improve the value of an Arizona property. The average Arizona home is valued at $420,906, and the construction of one of these additions can increase the price substantially. This is one reason why your HOA may try to limit its construction. Some believe these updates can create disparities in property values or necessitate large-scale construction for structures to match the size, scope, and design patterns of high-end homes.
How Could a Lawyer Help a Homeowner in an HOA ADU Dispute?
A lawyer could help a homeowner in an HOA ADU dispute by assessing evidence, including HOA communications and existing CC&Rs, to determine whether the owner’s rights were violated. By using their knowledge of laws and regulations governing homeowners’ rights, they can help you determine whether you should continue to press for your ADU’s construction or whether your HOA is in the right.
Hire an HOA Law Attorney
Harper Hall PLC has almost three decades of experience working with clients across Arizona. Our extensive experience of working with homeowners and HOAs enables us to help with disputes regarding ADUs and other property updates, especially in light of recent law changes. If you need a lawyer to help you stand up for your rights, our team is here for you.
A lawyer from our firm can bring you confidence and clarity, helping you stand up to pressure and navigate the legal process skillfully. We’ve received many positive reviews for our tireless work defending clients in Gilbert and throughout Arizona. If you believe your rights as a homeowner are being limited, let our firm advocate for you—contact us today.
