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Lawyer: HOAs could probably block casitas

 Lawyer: HOAs could probably block casitas

Phoenix was set to vote on whether to legalize livable accessory dwelling units (ADUs) on Sept. 6 (and it passed), but one major question looms: Will homeowners associations be able to squash attempts to build them? The answer is unclear, but it appears their rules could override city law, as it does in other instances. The zoning law would have to be written specifically to prevent that. Local real estate lawyer Patrick MacQueen said that “the ADU concept is a bit different and the ability to override CC&Rs, HOA rules, or deed restrictions is dependent on whether the City grants homeowners a ‘right’ to construct an ADU, even when the CC&Rs prohibit them.”

 

Source: https://www.ahwatukee.com/news/article_4982fe9a-45ec-11ee-8f1f-0b44aa67aea2.html

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