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Law Guide · HOAs

Your HOA and Your ADU: The Real Rules

Maryland law says your HOA cannot unreasonably block your ADU — but the HOA still has teeth. What it can and cannot do, in plain English. (General information, not legal advice.)

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What Maryland law says

Real Property §2-126 (part of Chapter 197, the 2025 ADU law): HOA and deed restrictions may not impose an "unreasonable limitation" on your ability to develop or rent an ADU on property zoned for single-family residential use. "Unreasonable limitation" includes anything that (a) significantly increases the cost of developing the ADU, or (b) prohibits ADUs explicitly or by effect — a rule that does not mention ADUs but makes them impossible in practice.

Carve-out: the protection does not apply to restrictions on historic property listed in, or eligible for, the Maryland Register of Historic Properties.

Sources: Real Property §2-126 (Chapter 197 of the 2025 Laws of Maryland, mgaleg.maryland.gov). General information only — not legal advice. Talk to a Maryland real estate attorney before acting on an HOA dispute.

What your HOA CAN still do

Ban short-term rentals. Explicitly carved out of the protection — an HOA ban on Airbnb-style use of your ADU is not an "unreasonable limitation." Many Waldorf subdivisions have HOAs; assume yours restricts this until you read otherwise.
Charge and count the ADU. The HOA may treat the ADU as a separate lot for voting and assessments — expect dues and voting weight to reflect the second dwelling.
Enforce architectural rules. Design review, materials, colors, placement within the lot — the HOA's architectural guidelines still apply to how the ADU looks, just not whether you may build one.

Sources: Real Property §2-126; RP §11B-111.11 (voting); RP §11B-117(a)(2)(II) (assessments).

The county will not save you from your HOA

Charles County's staff position, stated in the April 2026 briefing to the Board of County Commissioners, is "HOA guidelines apply" — the county will not overrule your neighborhood's private covenants. Montgomery County's published position is the same shape: "The County does not enforce covenants and deed restrictions" — they are contractual, between you and your association. And Montgomery's ADU license application requires you to sign an affidavit that your HOA does not prohibit the ADU. The practical read: county permission and HOA permission are two separate gates, and you need both.

Sources: Charles County staff briefing to the Board of County Commissioners, April 28, 2026; Montgomery County DPS Guidelines for Accessory Dwelling Units (updated 12/11/2025).

What to do, in order

1. Read your CC&Rs — the covenants, conditions, and restrictions — before you pay for plans. Look for rental restrictions, architectural review requirements, and any ADU mention.
2. Get the HOA's architectural approval in writing, early. Verbal is worthless.
3. If the HOA pushes back with something that looks like an unreasonable limitation, talk to a Maryland real estate attorney — §2-126 is your statute, but applying it is legal work, not a phone call.
4. Then proceed with the county permit sequence.

Bring your CC&Rs to our free feasibility study — we will read them with you and tell you straight where you stand.

Questions homeowners ask us

Can my HOA stop me from building an ADU in Maryland?

Not unreasonably. Real Property section 2-126 says HOA restrictions may not impose an unreasonable limitation on developing or renting an ADU — anything that significantly increases the cost or effectively prohibits ADUs. But the HOA keeps real powers: it can ban short-term rentals, enforce architectural rules, and charge assessments on the ADU.

Can my HOA ban me from renting out my ADU?

Long-term rental: the state law protects your ability to develop and rent against unreasonable limitations. Short-term rental (Airbnb-style): the HOA can absolutely ban it — that carve-out is explicit in the law. Underwrite on long-term rental.

Will the county overrule my HOA on an ADU?

No. Charles County staff's stated position is 'HOA guidelines apply,' and Montgomery County says it does not enforce private covenants. County permission and HOA permission are two separate gates — you need both. Get the HOA's approval in writing early.

What are CC&Rs and why do they matter for my ADU?

Covenants, Conditions, and Restrictions — the private rules recorded against your subdivision. They can govern rentals, architecture, and land use on your lot. Read them before you pay for ADU plans; they are the document most likely to surprise you.

My HOA was formed before the ADU law. Does the law still apply?

The statute applies to HOA and deed restrictions generally, with a carve-out only for historic properties. But how it applies to your specific covenants is a legal question — this page is general information, not legal advice. A Maryland real estate attorney gives you the answer for your documents.

What happens after you reach out

No mystery, no sales script. Here is the whole path from first call to move-in day.

1You reach outCall or send the form. Tell us about your lot and what you want the space for — a parent, rental income, a home office.
2We walk your propertyFree visit. We check setbacks, access, slope, trees, and utilities, and tell you honestly what fits.
3You get a plan and a priceA site plan and a written estimate for your lot. No pressure, no obligation, no fine print.
4Permits, then buildWe handle the Charles County paperwork and follow-ups. Then our partner builders build it.

Not sure what fits your lot? Ask us.

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