Generally no, if you live in a covered city such as Denver. As of October 2026, C.R.S. 38-33.3-106.5(4) makes HOA provisions that stop an ADU void and unenforceable in jurisdictions subject to HB24-1152 or certified as ADU-supportive. An HOA can still apply reasonable restrictions.
What counts as a "reasonable restriction"?
The state describes reasonable restrictions as conditions that do not unreasonably raise construction cost, effectively prohibit construction, or remove the ability to build an ADU. Rules on exterior colors, materials or review timelines may qualify. A rule that makes an ADU impossible would not.
Does this apply to condominium associations?
A companion law, SB24-174, applies a similar bar to condominium associations after June 30, 2024, according to the Department of Local Affairs. Condo buildings raise their own questions about ownership of the land and common elements, so those projects need a closer look.
Do I still need to submit plans to my HOA?
Often, yes. Many associations keep an architectural review step, and some city ADU pages, such as Arvada's, note that HOA approval is needed in addition to city approval where it applies. We prepare the drawings for both reviews and keep the HOA's conditions in the design.
When does the HOA rule not help?
- If your jurisdiction is neither subject to HB24-1152 nor certified as ADU-supportive.
- If the HOA condition is reasonable under the statute, such as a material requirement that does not block the project.
- If the ADU is something other than an accessory use to a single-unit home.
Sources, as of October 2026:
- Colorado Department of Local Affairs, Accessory Dwelling Units page, for C.R.S. 38-33.3-106.5(4) and SB24-174.
- City of Arvada, Accessory Dwelling Units page, for its note on HOA approval.