Can Your HOA Stop You From Building an ADU in Utah?

State law has made it easier than ever to build an ADU in Utah — but if your property is in a homeowners association, state law and your HOA's rules don't always say the same thing. The honest answer is: it depends on what kind of ADU you're building.

Internal ADUs: Your HOA Generally Can't Ban Them

Under the Utah Community Association Act (specifically sections 57-8a-209(10) and 57-8a-218(16)), an HOA cannot prohibit an internal accessory dwelling unit — a unit built inside your existing home, like a basement apartment or a converted attached space. This holds even if your HOA's governing documents contain an older, blanket ban on ADUs; state law overrides those provisions regardless of when they were written.

That doesn't mean an HOA has zero say. It can still require an internal ADU to comply with four objective standards:

• Local zoning and land use ordinances
• Building codes
• Health codes (sanitation, water access)
• Fire codes (egress, fire-rated separations)

Notably, an HOA generally can't stop you from renting out an internal ADU once it meets those codes — that decision belongs to the homeowner, not the association.

Detached ADUs: A Different Story

A detached ADU — a standalone backyard unit, separate from the main house — is not protected the same way. Under current Utah law, an HOA can prohibit detached ADUs on its properties, even in a city that otherwise allows and encourages them under HB82 or SB284. Most of what we build (custom stickbuilt and modular backyard units) falls into this detached category, so this is the question we get most often from homeowners in an HOA.

In practice, this means SB284's statewide push for cities to permit detached ADUs doesn't automatically open the door on your specific lot if your HOA's CC&Rs say otherwise. City approval and HOA approval are two separate hurdles, and you need to clear both.

What to Check Before You Design Anything

If you're in an HOA, the CC&Rs (and any amendments) are the actual source of truth for your property — not a general summary like this one. A few things worth doing before you invest in design work:

• Request a current copy of your CC&Rs and any ADU-specific amendments from your HOA board or management company
• Ask directly whether detached ADUs are addressed, and if so, what design review process applies
• If you're planning an internal ADU, confirm which of the four objective standards above (zoning, building, health, fire) your HOA is actually enforcing, so there are no surprises during permitting

We handle the city side of permitting on every project — zoning, plan review, and inspections — but your HOA relationship is yours, and it's worth resolving before we design around a lot that an HOA won't ultimately approve. We're glad to talk through what we're seeing on your specific address during a free site visit.

For the state and city-level rules that apply whether or not you're in an HOA, see our guide to Utah's ADU laws (HB82 and SB284).