As a homeowner, you own your land and its structures. However, if you live in an HOA community, there may be restrictions on how you use that land.
Common backyard rules set by homeowners associations often include guidelines on plants, shrubbery, fences, and even pool size and location. In addition, HOA guidelines typically regulate the construction of sheds and accessory dwelling units (ADUs) in your backyard. Note: Whether these structures are intended for storage, rental income, or personal use can influence how the HOA views and regulates them.
In this guide, we’ll explore the most common HOA backyard rules regarding sheds and ADUs and your rights as a homeowner.
What Types of ADUs Do HOAs Permit?
An ADU (Accessory Dwelling Unit) is a smaller, independent residential structure on the same lot as a primary residence. ADUs come in several forms.
With the popularity of ADUs surging in recent years, HOAs have implemented these guidelines to enforce rules and regulations for each type.
These are the most common ADU types and their definitions.
- Detached ADU: A freestanding unit separate from the main house with no shared entrances.
- Tiny Home: A compact dwelling, typically mobile or built on a trailer frame, but sometimes placed permanently in the yard.
- Garage Apartment: A living unit built above a garage.
- Garage Conversion: Converting an existing garage into a livable space.
- Mini Barns: Similar to sheds, you use these structures for storage, hobbies, or workshops.
There are two main factors to consider for every ADU type. The first is the size (dimensions), and the second is the use cases. Some HOAs will allow homeowners to earn rental income from their ADU, and others will not. You should note that HOAs vary widely; some have strict community aesthetic standards and follow proper approval processes via an architectural change request.
Do You Need to Consult an HOA Before Building an ADU in Your Backyard?
As you start researching the most common backyard rules from your HOA, you’ll find that each HOA management company and HOA board has a unique set of regulations for each ADU type. While backyard aesthetics and backyard upkeep play into this, the community’s governing documents are put in place to preserve property values and protect all homeowners.
This table summarizes the most common ADU types and the HOA control you may encounter. Remember that state law and your community’s covenants, conditions, and restrictions, as well as local zoning regulations, will all be considered throughout your building process.
| Structure | Typically Allowed by HOAs? | Rental Use Permitted? | Notes & Considerations |
| Detached ADU | Case-by-case (often restricted) | Often restricted, needs HOA approval prior to building | A larger footprint might be subject to more stringent HOA compliance and backyard policies. For instance, some HOAs may require homeowners to match the architectural style of the primary home. |
| Tiny Home | Less common but possible | Frequently disallowed for rentals | Tiny homes may be treated like standalone storage structures if not built on a permanent foundation. Some HOAs may allow for the temporary placement of a tiny home. |
| Garage Apartment | Often permitted if aesthetic | Potentially rentable if HOA allows | Must comply with height restrictions and design guidelines and may be required to share utilities with the main house. |
| Garage Conversion | Allowed in many communities | Dependent on HOA & local codes | Check local state law for safety codes (egress) and ensure the architecture review committee has given the green light. |
| Sheds (incl. Mini Barns) | Commonly allowed for storage | Typically not for residential rentals | HOAs frequently have strict size & color rules. They may prohibit homeowners from living/renting in a shed. The placement of the shed will depend on setback rules and regulations. |
In-Depth Look of Each ADU (and Shed) Type
Every ADU and shed type has its own set of HOA backyard rules attached to it. Generally speaking, the bigger the structure you want to build, the more likely you are to rent it, which means you’re more likely to encounter issues with the HOA.
Detached ADU
A detached ADU is a fully separate building on your property. It has plumbing and electricity, and its entrance is not attached to the main dwelling. Most homeowners use these detached ADUs as a guest house or rental unit.
Community associations consider a detached ADU a significant addition to the property. The HOA board (if they decide to allow a detached ADU) will often require it to match the primary home’s style, materials, and color scheme. Size restrictions will also be a factor.
Depending on the governing documents, some HOAs allow homeowners to rent a detached ADU for passive income, while others explicitly prohibit subleasing to maintain the community’s single-family residential environment.
Tiny Home
Tiny homes have grown in popularity, and because of that, HOAs have adjusted their rules accordingly.
Most tiny homes measure under 400 square feet and can be built on a foundation or a trailer. In some cases, these tiny homes may resemble standalone storage structures if not permanently affixed.
Most HOAs do not allow a tiny home to be used as a short-term rental, viewing it as detrimental to the neighborhood’s style. Some may allow you to work on and build a portable tiny home project on your lot if it is removed by a specific date and never rented.
Garage Apartment
A garage apartment is a common ADU where the space above your garage is converted into extra living quarters. Garage apartments are one of the best examples of an ADU an HOA may allow. A garage apartment will likely need to go through an architecture review process to ensure the addition blends in with the existing structure.
Some HOA communities will allow renting a garage apartment, but many will require a minimum lease period.
Garage Conversion
If building over your garage isn’t an option due to structural or HOA restrictions, a garage conversion can be a cost-effective ADU alternative. Before starting, check your HOA’s rules regarding outdoor parking; many limit the number of cars allowed or restrict driveway parking for aesthetic reasons. If permitted, ensure your conversion meets local building codes, including emergency exits, insulation, and other safety regulations, to make it a compliant and rentable space.
Sheds (Including Mini Barns)
Sheds and mini barns are primarily used as storage structures for lawn equipment, backyard garden supplies, or hobby tools. They are typically permitted in HOA backyard areas, but size, height, and color restrictions can exist.
Generally, an HOA will prohibit homeowners from renting sheds as living spaces. However, you might occasionally see them used as a studio or workshop.
FAQs: Rights, Restrictions, and Repercussions
1. Can an HOA Look In Your Backyard?
Most HOAs do not have the authority to enter your private property, but they can conduct visual inspections of neighboring lots to ensure you follow HOA backyard rules.
Whether or not your HOA performs regular inspections, building an ADU without the permission of board members or property managers is, ultimately, a mistake.
2. Can an HOA Make You Take Down a Shed?
Yes, an HOA can make you take down a shed if it violates the community’s governing documents or was built without a review from the architecture review committee. This can happen even in communities where a shed is allowed simply because the process was not followed.
3. Is It Legal for the HOA to Restrict Homeowners From Building ADUs or Sheds?
Yes, HOAs operate under state law and the association’s governing documents.
Final Thoughts
An ADU can boost a home’s property value. It also works as a way to create passive income. However, you must ensure that your HOA permits both the construction and the rental of the ADU.
If you find yourself restricted by the HOA governing documents for building and renting an ADU, you may still be able to rent out vacant lot space, driveway space, or garage space. If that is the case, consider using Neighbor, a peer-to-peer storage marketplace that makes it easy to generate passive income from your unused property.
