ADU HOA Rules in Utah

A city permit and an HOA's approval are two separate things. The city can approve an ADU that the association's documents restrict, and an HOA's sign-off does not replace a city permit. Utah's Community Association Act steps into that gap for one kind of ADU: the internal unit. This page sets out what the statute says, where the state's reading goes further than the text, and what it does not cover.

What Utah law says about internal ADUs

Building one: 57-8a-218(16)

Utah Code 57-8a-218(16) says a rule "may not prohibit the owner of a residential lot from constructing an internal accessory dwelling unit, as defined in Section 10-21-101 or 17-80-101, within the owner's residential lot." The exception is where construction would violate a local land use ordinance, a building code, a health code or a fire code. The section "applies to an association regardless of when the association is created."

Renting one: 57-8a-209(10)

Utah Code 57-8a-209(10) says "an association may not restrict or prohibit the rental of an internal accessory dwelling unit, as defined in Section 10-21-101 or 17-80-101, constructed within a lot owner's residential lot, if the internal accessory dwelling unit complies with all applicable: (a) land use ordinances; (b) building codes; (c) health codes; and (d) fire codes." This one also applies regardless of when the association was created.

Two conditions do a lot of work in both sections:

• It must be an internal ADU as the state defines it. That means a unit within a primary dwelling and within its footprint at the time it is created, for long-term rental of 30 consecutive days or longer. The primary dwelling is a detached single-family home occupied as the owner of record's primary residence. An addition that expands the footprint may not qualify. See detached vs internal ADU.
• It must comply with local rules and codes. The protection does not cover a unit that breaks the city's ADU ordinance or the building, health or fire codes. See ADU building code.

The CC&R question

This is where the honest answer is "it is not fully settled."

The construction protection in 57-8a-218(16) limits a "rule." The Act defines "rule" in 57-8a-102(27) as a policy, guideline, restriction, procedure or regulation that "is not set forth in a contract, easement, article of incorporation, bylaw, or declaration." The declaration is where CC&Rs live. Read literally, the construction section limits HOA rules and says nothing direct about the declaration.

The Utah Department of Commerce's HOA office reads it more broadly. Its ADU page says that under 57-8a-209(10) and 57-8a-218(16), "an HOA may not enact or enforce - either in the rules or the CC&Rs - a provision that prohibits a lot owner from constructing an IADU within the owner's residential lot," and that "This requirement applies regardless of when an HOA's original governing documents were written."

So: Utah law bars HOA rules from prohibiting internal ADUs, and the state HOA office says this includes CC&Rs. That is the agency's reading, not a line in the statute, and we do not treat it as settled. If your CC&Rs contain language that restricts additional dwelling units, rentals or exterior changes, have an attorney review it against the statute before you spend money on design.

Detached ADUs are not covered

Neither section mentions detached ADUs, and no statute was found that protects them from HOA restrictions. The Commerce HOA page is direct about it: "Detached Accessory Dwelling Units (DADUs), however, can be prohibited by an HOA, even if state law or municipal ordinances otherwise allow them."

That matters more now that Utah Code 10-21-304 is in effect (since October 1, 2026). It requires certain cities to permit detached ADUs on lots of 11,000 square feet or more. That law governs cities. It does not override an HOA's restrictions. A lot can meet the city's detached ADU rules and still be barred by its association. See detached ADUs for the city side.

A search of Utah's Condominium Ownership Act (Title 57, Chapter 8) found no ADU provisions. Most ADU rules assume a detached single-family home in any case.

What to do if you live in an HOA

1. Read all of the governing documents. That means the declaration (CC&Rs), the bylaws and any rules or design guidelines. Note anything on additional dwellings, rentals, exterior changes, accessory buildings or setbacks.
2. Ask the HOA in writing. Describe the ADU type and location, and ask what approvals the association requires. A written answer is better than a hallway conversation.
3. Get legal advice on CC&R conflicts. If the documents seem to restrict what you want to build or rent, an attorney can tell you how the statute applies to your wording.
4. Treat the city process separately. The city applies its own ADU rules regardless of the HOA. The ADU permit process covers those steps.

When we review a property in an HOA, we flag the association as its own approval track and plan the timeline around both. The ADU feasibility review is where that starts.

Questions about ADU HOA rules