Can my HOA stop me from building a casita?
Updated October 12, 2026
Short answer: yes, it can. Arizona's ADU law stops cities from blocking casitas, but it doesn't cancel your HOA's rules. If your CC&Rs ban second homes on a lot, limit detached buildings or restrict renting, the HOA can enforce that even though the city would approve the permit. Check your CC&Rs before you pay for plans.
Why the state law doesn't override HOAs
A.R.S. § 9-461.18 tells cities what they must allow and what they can't require. On private covenants it says the opposite of what many people expect: it "does not prohibit restrictive covenants concerning accessory dwelling units entered into between private parties." The 2025 follow-up law for counties says the same. So the city and your HOA are two separate approvals, and you need both.
The law does stop the city from making your permit depend on a covenant, so the city won't check your HOA for you.
What to look for in your CC&Rs
- "Single-family" or "one dwelling per lot" clauses. The most common way an HOA blocks a casita.
- Guest house or accessory building rules. Some HOAs allow a guest house but limit its size, height, setbacks or whether it can have a kitchen.
- Architectural review. Almost every HOA requires approval of new structures, materials and colors. The city can't make your casita match your house, but your HOA can.
- Leasing restrictions. Minimum lease lengths, caps on rentals or a ban on short-term rentals.
- Amendments. CC&Rs are often amended. Make sure you're reading the current version.
How to check, step by step
- Find out if you're in an HOA. Your closing documents will say, or look for HOA dues on your statements. Many older neighborhoods in Mesa and Tempe have no HOA at all.
- Get the CC&Rs and any amendments from the HOA or management company, or look them up at the Maricopa County Recorder.
- Read the sections on use, structures and leasing.
- Ask the architectural committee in writing before you pay for full drawings. A sketch and a site plan are usually enough for a first answer.
- If the answer is no, ask whether an attached addition or a garage conversion would be treated differently, or talk to an HOA attorney.
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Common questions
Does Arizona's ADU law override my HOA?
No. The law limits what cities and counties can require. It says it does not prohibit restrictive covenants between private parties, so your HOA's CC&Rs still apply.
Can my HOA ban a casita?
If your CC&Rs say so, yes. Common examples are 'one single-family dwelling per lot' clauses, limits on detached structures, and leasing restrictions.
Where do I get my HOA's CC&Rs?
From your HOA or its management company, in the documents from when you bought the home, or from the Maricopa County Recorder, where CC&Rs are recorded.
My CC&Rs don't mention casitas. Am I allowed?
Maybe. Most HOAs require architectural approval before you build anything. Send your plan to the architectural committee and get the answer in writing before paying for full drawings.
Can the city refuse my permit because of my HOA?
No. Arizona's ADU law says a city can't make an ADU permit depend on a private covenant. The HOA enforces its own rules separately, which is why you should check both.
Sources: A.R.S. § 9-461.18, subsection C; HB 2928 (2025). This is general information, not legal advice; for your HOA's rules, ask the HOA or an attorney.