ADU and HOA Phoenix: What Arizona Law Allows

Phoenix homeowners who read headlines about Arizona’s new ADU laws often arrive at a builder conversation with the assumption that the barriers are gone. Then they find out their HOA’s CC&Rs say otherwise. The confusion is understandable: HB 2720 made significant changes to what cities and counties can restrict, and those changes got substantial coverage. What got less coverage is the distinction that matters most for about half of Phoenix metro homeowners: state law changed what governments can require. It did not change what private contracts can require.

This guide covers the HOA-ADU intersection specifically, including what HOAs can legally restrict, what they cannot, how to review your own CC&Rs, how to submit for HOA approval, and what to do when the city says yes and the HOA says no. If you are planning ADU construction in Phoenix and you live in a community with an HOA, this information needs to be in your hands before you contact a builder.

The Legal Framework: Why HOAs Still Have Authority

The confusion between HOA authority and municipal zoning authority is rooted in the difference between public law and private contract. When the state legislature passes a zoning preemption law like HB 2720, it constrains what governments can require. Cities and counties are government entities: they are subject to state law preemption.

A homeowners’ association is not a government entity. It is a private corporation whose authority derives from CC&Rs: covenants, conditions, and restrictions that are recorded against individual properties as part of the title when a buyer purchases a home in a planned community. When you bought your home in an HOA community, you agreed to be bound by those CC&Rs. That agreement is a private contract between you and the HOA. State zoning preemption law does not reach private contracts.

Arizona courts have consistently upheld this distinction. A homeowner who builds an ADU that is fully compliant with city zoning and HB 2720, but violates HOA CC&Rs, can be required to remove the structure by the HOA through civil enforcement. City approval does not protect against HOA enforcement action.

What Your HOA Can Restrict

HOAs retain broad authority to regulate ADU construction through CC&Rs. Common restrictions that survive HB 2720 include:

Prohibition on secondary dwellings. Some CC&Rs include language that prohibits the construction of any secondary residential structure on a single-family lot. This is the most sweeping restriction and the most directly relevant to ADU construction. If your CC&Rs include this language, no ADU construction can proceed until the HOA board approves an exception or the CC&Rs are amended by homeowner vote.

Prohibition on accessory structures above a certain height or size. CC&Rs that limit the height or footprint of accessory structures can effectively limit ADU size below what the city’s zoning code allows. A CC&R that prohibits structures over 12 feet tall prevents a standard single-story ADU design that sits at 14 feet at the roofline, even if Phoenix zoning would approve it.

Architectural review requirements. Most HOAs with active architectural review committees require submission and approval before any exterior structure is built. This is not a prohibition: it is a process requirement. ADU plans submitted through the architectural review process can be approved. But submitting city permit applications before getting HOA architectural review approval creates a situation where the city approves something the HOA will later reject.

Exterior material and color standards. HOAs frequently require that new structures match or complement the existing neighborhood architectural palette. An ADU with exterior materials that do not conform to the HOA’s standards will be rejected through the architectural review process, regardless of city approval.

Rental restrictions. Some HOAs prohibit or limit the rental of any dwelling on the lot, including ADUs. Phoenix city ordinance prohibits ADU short-term rentals separately. An HOA that also prohibits long-term rentals from the ADU unit eliminates the rental income use case entirely.

What Your HOA Cannot Restrict After HB 2720

While state law does not override CC&Rs, it does create one area where HOA authority has been tested in Arizona courts: HOAs cannot prohibit ADU construction through their own municipal-style zoning claims, and they cannot impose requirements that effectively replicate the public hearing processes HB 2720 eliminated at the municipal level.

More practically, Arizona law has moved toward limiting the ability of HOAs to create blanket prohibitions on lawful property uses in some specific contexts. The ADU space is evolving, and legal interpretations continue to develop. If you receive a blanket denial from your HOA based on a CC&R provision that you believe conflicts with current Arizona law, consulting with a real estate attorney who specializes in Arizona HOA law is appropriate before accepting the denial as final.

What HOAs clearly cannot do: discriminate in the application of their CC&Rs (allowing some homeowners to build ADUs while denying others in similar situations for non-substantive reasons), impose unreasonable delays in the architectural review process designed to effectively prevent approved projects from proceeding, or demand fees beyond what the governing documents authorize for the review process.

How to Review Your CC&Rs for ADU Restrictions

If you live in an HOA community in Phoenix and are considering an ADU, the CC&R review is the first thing to complete, before any builder conversation and before any design work. Here is how to approach it:

Find your CC&Rs. They should have been provided to you at closing. If you no longer have them, they are recorded documents: you can retrieve them from the Maricopa County Recorder’s office, either in person or through the online document search at the recorder’s website. Your HOA management company should also be able to provide current governing documents on request.

Search for relevant language. Look specifically for: “accessory structure,” “guest house,” “secondary dwelling,” “additional dwelling unit,” “casita,” “detached structure,” and “rental.” Any of these terms may appear in the restrictions section of the CC&Rs. Read the full context of each provision, not just the heading, because some restrictions have carve-outs or amendment procedures that are not apparent from a quick scan.

Review the architectural review process section. Even if there is no explicit prohibition, most HOA CC&Rs require that any new structure go through architectural review. Find the submission requirements, the timeline for HOA review, and the appeal process if the initial submission is denied. Knowing the review timeline before starting design work lets you build HOA approval into the project schedule rather than discovering it as a surprise after city permit approval.

If the language is ambiguous, ask in writing. Submit a written inquiry to your HOA board or management company asking explicitly whether an ADU or detached casita of the size you are considering requires HOA approval and whether any CC&R provisions restrict such construction. A written response from the HOA creates a record that protects both parties if a dispute arises later.

The HOA Architectural Review Submission Process

Assuming your CC&Rs allow ADU construction subject to architectural review, the submission process typically requires:

Preliminary site plan showing the ADU’s footprint and location on the lot relative to the primary dwelling and property lines. Exterior elevation drawings showing the proposed architectural style, materials, and colors. A written description of the project scope, including size, height, and intended use. In some HOAs, a neighbor notification form or list is required.

Submit these materials to the HOA’s architectural review committee before submitting the city permit application. HOA review timelines run 30 to 60 days in most Phoenix communities. Some HOAs have expedited review processes for projects within established guidelines. If the HOA approves your plans, that approval documentation should be retained and presented to the city as part of your permit application package if the city requests it.

Design the ADU to satisfy the HOA review from the start: matching the primary home’s exterior materials, respecting any height or size restrictions in the CC&Rs, and addressing the specific design standards the HOA applies in your community. A builder who is familiar with HOA architectural review in the Phoenix metro can review your CC&Rs as part of the site assessment and design the unit to satisfy both city code and HOA standards in a single set of plans.

What Happens When the City Says Yes and the HOA Says No

This scenario, unfortunately, is not rare. A homeowner receives a city permit, begins construction, and then receives a cease and desist from the HOA. The city permit does not protect against HOA enforcement. The HOA can pursue civil action to require the homeowner to remove the structure, and Arizona courts have granted injunctions requiring demolition in cases where construction clearly violated CC&Rs.

The cost of this outcome, legal fees, potential demolition costs, and the loss of the construction investment, is far higher than the cost of completing the HOA review before construction begins. There is no legitimate argument for skipping the HOA review step on the grounds that city approval should be sufficient. It is not.

Frequently Asked Questions: ADU and HOA in Phoenix

Can my HOA completely prevent me from building an ADU if HB 2720 allows it?

Yes, if your CC&Rs include language that prohibits secondary dwellings or detached accessory structures. HB 2720 prevents cities from banning ADUs. It does not prevent private HOA CC&Rs from doing so. The distinction between public zoning law (subject to state preemption) and private deed restrictions (not subject to state preemption) is well established in Arizona courts.

Can I challenge an HOA denial of my ADU plans?

Yes, through the HOA’s internal appeal process and, if that fails, through civil litigation. If you believe the HOA’s denial is not supported by the actual language of the CC&Rs, or that the HOA is applying its standards inconsistently, consulting a real estate attorney who specializes in Arizona HOA law is appropriate. Do not begin construction while an HOA dispute is unresolved.

What if my CC&Rs do not mention ADUs specifically?

Silence on ADUs in CC&Rs does not automatically mean they are permitted. CC&Rs that prohibit “secondary dwellings,” “additional structures,” or “detached buildings above a certain size” may encompass ADUs under existing language even without naming them specifically. Have the CC&Rs reviewed by a real estate attorney if the language is ambiguous before spending money on design.

How common are HOA restrictions on ADUs in Phoenix?

A significant portion of Phoenix metro single-family residential lots are governed by HOA CC&Rs, particularly in master-planned communities in Chandler, Gilbert, Scottsdale, Peoria, and Goodyear. Older central Phoenix neighborhoods and infill lots are less likely to have active HOA restrictions. A parcel search through the Maricopa County Recorder and a review of the title report from your home purchase will confirm whether your property is subject to CC&Rs and where to find the full text.