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State law to allow ADUs and bar occupancy-based familial limits draws questions on HOA and local control
Summary
Presenters said a state law requires cities to allow at least one ADU (subject to limited dimensional controls) and prohibits municipalities from limiting unrelated occupants based solely on familial relationships; council sought clarity on HOA interplay and whether the rules are mandatory for Castle Pines.
Evan King told the council the new housing measures direct municipalities to allow one accessory dwelling unit by administrative approval in single-family zones, subject to size limits and nondiscriminatory design standards. "Beginning June 30, the city must allow, subject to administrative approval, 1 ADU between 507 hundred square feet, any place where a single family detached residential unit is allowed," King said, describing the size and administrative-approval intent.
King also said the state will prevent municipalities from limiting occupancy based solely on familial relationship definitions, although fire and building-code limits still apply. Council members raised concerns about how HOA covenants interact with state law; King said HOAs are private covenants but noted the statute specifically prohibits HOA bans on ADUs in many cases and staff will provide a memo outlining which items the city must adopt versus optional policy choices.
