Can an HOA Stop You From Building an ADU in Washington?
By Eric Dexter, Owner & Builder ·
Yes — sometimes. And the reason this trips people up is that they assume a city permit settles the question. It does not. Zoning and covenants are two entirely separate systems, and you have to clear both.
Washington law has moved to limit what homeowners associations can do here, but the change is narrower than the headlines suggest. Here is what it actually covers.
Two systems, two permissions
Zoning is public law — your city or county deciding what may be built on your land. That is what Washington's ADU reforms changed, and it is what a building permit answers.
CC&Rs — covenants, conditions and restrictions — are a private contract recorded against your title when the subdivision was created. They bind you because you bought the lot, and they can be stricter than the zoning. A jurisdiction is free to allow something your covenant forbids.
Washington makes this explicit: a city or county that issues an ADU permit cannot be held liable on the grounds that the unit would violate a restrictive covenant. In plain terms, the permit counter is not checking your CC&Rs and is not responsible if the build breaches them. That is your job.
What Washington changed — and the date that matters
State law now bars association governing documents from prohibiting or restricting an ADU in the way a local government would itself be barred from doing. But read the qualifiers, because they do most of the work:
- It applies to associations whose governing documents were created after July 23, 2023.
- It applies to property inside an urban growth area.
- It tracks the limits placed on cities and counties, so it is a ceiling on restriction, not a blanket guarantee that any ADU is permitted.
That first qualifier is the one that matters most in practice. The large majority of HOAs in King and Snohomish County were created well before July 2023, so their covenants are not automatically swept aside by that provision. If you are in an established neighborhood, assume your CC&Rs still govern until someone reads them.
What an HOA can still do
Even where an outright prohibition is off the table, associations may generally apply reasonable design and aesthetic standards — siding, rooflines, colors, screening, placement. Expect an architectural review step in addition to the city's, on its own schedule. Build that into your timeline rather than discovering it after permits are in hand.
Associations may also have rules touching rentals — minimum lease terms, caps on rented units, short-term rental bans — which can matter a great deal if the ADU's purpose is rental income. Those are a separate question from whether you may build.
One more change on the horizon
Washington's older association statutes are being consolidated under the state's uniform common interest ownership act, with the transition landing January 1, 2028. If you're reading an older summary of HOA rules, check whether it still reflects current law.
How to actually check yours
- Pull your recorded CC&Rs — they came with your closing documents, and the county recorder has them.
- Search for: accessory dwelling, second dwelling, guest house, outbuilding, lease, rental, occupancy, and any square-footage or structure-count limit.
- Check the recording date and any amendments; when the documents were created is what decides whether the newer state provision reaches them.
- Ask the board in writing and keep the reply — a verbal yes from a neighbor on the board is not a record.
- Confirm whether an architectural review committee exists and what it requires.
We are builders, not attorneys, and covenant questions turn on the exact wording of your specific documents. If your CC&Rs look like they restrict an ADU and you want to proceed, that is a conversation for a Washington real estate attorney — not a builder, and not a permit tech.
Where we can help
We handle the public side completely — zoning review, permits, corrections and every inspection. On the private side we will tell you plainly when your covenants look like a problem, because finding out after design is an expensive way to learn. Send us your address and we will confirm what your jurisdiction allows, or start with can I build an ADU on my lot and the ADU & DADU FAQ.
