Can my HOA block my casita?

The gap the state law leaves open

HB 2720 preempts city zoning. It tells Phoenix, Mesa, Scottsdale, Tucson, and their peers what they can and can't require. It says nothing about the private contract you signed when you bought a home in an HOA-governed subdivision.

Those private contracts — called CC&Rs (Covenants, Conditions & Restrictions) — are recorded against your title. They're enforceable in Arizona courts. And most Phoenix-metro neighborhoods built since the 1990s have them.

Step 1: Read your CC&Rs

Before you spend a single dollar on plans, get your recorded CC&Rs and search for these terms:

• Accessory dwelling unit or ADU
• Guest house, casita, granny flat, in-law suite
• Detached structure or outbuilding
• Rental restrictions — many HOAs prohibit renting a portion of a lot
• Single-family use — a strict single-family clause can be read to bar ADUs

If any of those language patterns explicitly prohibit ADUs, that's your answer. State law does not save you. Talking to a real estate attorney about the exact wording is a $200 conversation that could save you $150,000.

Step 2: The architectural review committee

Even when CC&Rs don't prohibit ADUs outright, most HOAs require architectural review committee (ARC) approval for any exterior change. An ARC can impose:

• Matching stucco color, roof tile, and exterior materials to the primary home.
• Setback requirements more restrictive than the state minimum.
• Height and roof-line limits.
• Restrictions on where windows can face (privacy from neighbors).
• Landscape screening requirements.

None of these violate the state law — because the state law only binds cities. Get ARC guidelines in writing before paying a designer.

Step 3: Rental language

If your goal is to build a casita and rent it, read the rental section of your CC&Rs closely. Many Arizona HOAs restrict short-term rentals, some restrict any rental of less than the full home, and some cap the number of rentals allowed in the neighborhood at any one time. Building a $200,000 rental casita in a neighborhood that forbids renting is an expensive mistake.

Step 4: If you're not sure, ask in writing

Email your HOA management company. Ask specifically: "Do the recorded CC&Rs for [community name] permit the construction of a detached accessory dwelling unit (casita) on my lot at [address]? If so, what is the ARC submittal process?" Keep the reply. A written answer is what you'll need if a dispute comes up later.

Neighborhoods without HOAs

Older parts of Phoenix, Mesa, Tempe, and Tucson often have no HOA. If that's you, the state law is the whole story — the city can't block a code-compliant casita, and no private board can either. If you're not sure whether your neighborhood has an HOA, check your title paperwork or ask a local title company; they can tell you in minutes.

Bottom line

The new Arizona ADU statute is powerful. But it's a limit on governments, not on private neighborhood agreements. Read your CC&Rs, ask your HOA in writing, and only then start spending money on drawings — including on the cost side of the project. If you're stuck between HOA rules and a builder telling you it's fine, get a second opinion — and talk to someone who's not selling you a build.

Frequently asked questions