PHOENIX (AZFamily) — Backyard casitas are a hot topic in a lot of Phoenix area neighborhoods.
Susan Felt with Arizona Casita Builders says business has been booming ever since the state legislature passed a new casita law last year.
“We’re seeing them for aging parents,” Felt said. “College students, extended family members, children, whatever the situation might be. It’s all a case by case basis.”
But not everyone is building accessory dwelling units, or ADUs, for someone to live in.
Arizona’s Family has compiled a series of stories from North Phoenix, where homeowners have upset their neighbors by installing large structures in their backyards that they plan to use as home offices, playhouses, gyms, or garages.
Phoenix resident Rosanne Schneider is trying to stop her neighbor from building an oversized casita next door, which she says violates her HOA’s guidelines.
“We bought this house, bought this land, and CC&R’s come with that package,” said Schneider. “We need them to be respected.”
On Tuesday, a homeowner in Peoria reported a concern about a structure being built at a home near 75th Avenue and Greenway. She said it’s a giant 2-story eyesore that doesn’t belong on a street with all single-family homes.
So, what can a homeowner do if their neighbor is building something they don’t think belongs there?
Phoenix attorney Jonathan Dessaules said all of the structures must get approval from local cities and municipalities, which all have different guidelines when it comes to the size and scope of an ADU. They also need approval from their homeowners association.
“There’s two different approval processes,” said Dessaules. “On one hand, you have to go to the city of Phoenix, Mesa, Socttsdale to get permission from them, but permision from them doesn’t equal permission from an HOA. Most HOA’s have provisions that say if you want to build something you’ve got to come to us and ask for permission.”
According to Dessaules, if a community’s CC&Rs contain specific language prohibiting a two-story building or limiting the size of an addition, then neighbors can take legal action to stop the project.
Cities like Phoenix also have an appeals process, where homeowners can push to have a use permit overturned if they believe the ADU should not have been issued.
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