What the law says in Kansas
A growing number of states (notably California, Oregon, Washington, and Colorado) have passed laws that limit how strictly an HOA may prohibit ADUs on a residential lot. CC&Rs that flatly ban ADUs may be unenforceable in those states. Where the law is silent, the HOA's architectural and use restrictions control.
Controlling statute: Kansas Uniform Common Interest Owners Bill of Rights, K.S.A. § 58-4601 et seq.
Read the statuteCommon adus clauses in KS HOAs
Most CC&Rs in Kansas include some combination of these provisions. Yours may be stricter or weaker — read your governing documents to be sure.
- 1
Outright prohibition of detached secondary structures or separate dwelling units.
- 2
Minimum lot size or square-footage limits for any accessory structure.
- 3
Separate-utility-meter or kitchen prohibition designed to prevent independent occupancy.
- 4
ARC review of any ADU plan, with required architectural compatibility with the main home.
- 5
Owner-occupancy of either the main home or the ADU.
Questions Kansas homeowners ask
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Does my HOA allow me to build an ADU on my lot?
Can the HOA enforce an ADU ban that conflicts with state law?
What approvals are required before construction starts?
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