HOA approval for an ADU

Accessory dwelling units, such as backyard cottages, garage conversions and in-law suites, are the biggest projects most HOAs review. Some states limit how far HOAs can restrict them, but design review usually still applies.

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What HOAs usually check

  • Allowed use: whether your CC&Rs allow a second unit, and whether state law overrides that.
  • Size: footprint, height and setbacks.
  • Design: exterior materials, colors and roof style that match the main house.
  • Privacy: windows and decks that overlook neighbors.
  • Logistics: parking, utilities and construction access.
  • Rentals: lease rules, if the unit will be rented.

What to include in your request

  • The architectural request form, filled in and signed
  • A site plan with the ADU footprint, setbacks and utility routes
  • Floor plan and exterior elevations
  • Materials and colors
  • Construction schedule, contractor and access plan
  • A note on any state ADU law that applies

State ADU laws

Some states limit HOA power over ADUs. California, for example, doesn't allow HOAs to prohibit or unreasonably restrict ADUs on single-family lots, though reasonable design rules still apply. Other states are passing similar laws. Check what applies where you live.

Do you need a permit for an ADU?

Always. An ADU needs a full building permit, usually with plan review and utility sign-offs. Many cities publish ADU guides and fee schedules.

Common questions

Can my HOA stop me from building an ADU?

It depends on your state and your CC&Rs. Where state law protects ADUs, the HOA can usually only set reasonable design rules.

Can the HOA limit renting out my ADU?

Many CC&Rs have rental rules, such as minimum lease terms, that also apply to ADUs. State law may limit those too.

Should I go to the HOA before the city?

Getting HOA feedback early is usually best, so design changes don't force you to redo permit drawings.

Build your ADU approval packet

Upload your HOA's rules and describe the project. Approveway checks every rule, drafts the request form and cover letter, draws your plan and side view, and builds the packet you submit.

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