My HoA is denying the build of a detached ADU in Snohamish... can they do that?

[Nicole S.]

Hi friends!

I'm in Snohamish County, WA. I have confirmed with the county that an D/ADU is permitted on the property. The HoA says no. Here's the thing:

- State and local government permits ADU's and the structure we want to build is compliant with all the rules/guidelines

- I called the county to confirm that this particular property would be allowed. Answer = yes

- The 2-car garage structure is already built... we'd be adding on to it (700 sq ft on a 2-acre property!)

- the original house permits had "guest house" permitted in 1990, but not built

- There are 2 other houses in the neighborhood under the HoA that have D/ADU's

- The CCRs are non-specific, allowing for "accessories structures, such as garages and shops".

Has anyone had this problem? Or have tips on how to handle or pointers to documentation on my rights in this matter?

Thank you!

Nicole

[Sherief Elbassuoni]

@Nicole S., HOA CCR supersede state Bills. If HOA CCR has a clause that you can not build DADU, most probably you have very little luck being able to build a DADU.

For sure consult with a Real Estate Attorney, but most probably, what I am saying is what the attorney is gonna tell you!