In Maryland, an HOA cannot use its bylaws, declarations, covenants or similar private restrictions to impose an unreasonable limitation that effectively prevents a qualifying property owner from developing an ADU or offering it for rent. That protection comes from HB 1466, effective October 1, 2025.
But the law does not erase every HOA rule. As detailed in our comprehensive Maryland ADU guide, state law sets a floor while zoning, building requirements and some private-association rules still matter.
Last reviewed: September 6, 2026. This article is informational and is not legal advice. HOA disputes can turn on the exact language of recorded documents and should be reviewed by qualified Maryland counsel when necessary.
Quick answer
| Question | Maryland rule |
|---|---|
| Can an HOA impose a blanket ADU ban? | A restriction that explicitly or effectively prohibits ADU development can qualify as an unreasonable limitation under HB 1466. |
| Can an HOA block long-term rental of an ADU? | The statute also protects the ability to offer an ADU for rent from unreasonable limitations. |
| Can an HOA restrict short-term rentals? | Yes. The statute specifically says a short-term-rental limitation is not an unreasonable limitation for this purpose. |
| Can an HOA count the ADU separately for voting? | Yes. The governing body may treat an ADU as a separate lot for HOA voting. |
| Can an HOA levy an additional assessment? | Yes. The governing body may treat an ADU as a separate lot for assessment purposes. |
What HB 1466 actually says about private restrictions
HB 1466 amended Maryland’s Real Property Article. The rule reaches several types of private instruments, including declarations, contracts, HOA bylaws or rules, security instruments, deeds and other instruments affecting interests in real property.
For a property owner who has the exclusive right to use the property and complies with applicable laws and regulations, a land-use restriction may not impose an unreasonable limitation on the ability to develop or offer an ADU for rent.
Primary source: Chapter 197, 2025 Laws of Maryland.
What counts as an “unreasonable limitation”?
The final chaptered law defines an unreasonable limitation to include a restriction that prohibits, either explicitly or by effect, the development of an ADU.
That wording matters. An HOA does not necessarily need to write “ADUs are prohibited” for a restriction to be problematic. A rule may also be scrutinized if its practical effect is to prevent the ADU from being developed.
Maryland Department of Planning similarly explains that HOA bylaws may not impose unreasonable limitations on a property owner’s ability to develop an ADU or offer it for rent, and advises associations to consult legal counsel when evaluating their bylaws.
Official guidance: Maryland Department of Planning — HB 1466 FAQ.
Short-term rental restrictions are different
HB 1466 expressly says that a limitation on the short-term rental of an ADU is not an unreasonable limitation under this part of the Real Property Article.
So a homeowner should not assume that the state’s ADU protections create a right to operate the unit as an Airbnb-style rental. HOA rules and local short-term-rental laws may still apply.
HOA voting: the ADU can be treated as a separate lot
The law separately gives the governing body of a Maryland homeowners association authority to treat an ADU as a separate lot for purposes of voting on an HOA matter.
This provision concerns HOA governance. It should not be read as automatically subdividing the property, creating a separate deed, or changing the parcel for zoning or tax purposes.
HOA assessments: an ADU may also be counted separately
HB 1466 also authorizes the HOA governing body to treat an ADU as a separate lot for purposes of levying assessments.
That means a homeowner considering an ADU in an association-governed community should review not only design restrictions but also the potential ongoing HOA assessment impact.
Historic properties have a statutory exception
The private-restriction protection does not apply in the same way to certain historic properties. The chaptered law contains an exception for property listed in, or determined by the Maryland Historical Trust to be eligible for inclusion in, the Maryland Register of Historic Properties.
If your property has historic status, do not rely on the general HOA rule alone. Check the applicable historic-preservation requirements before design or construction decisions.
What to check in your HOA documents before you design
- Declaration and recorded covenants: Look for restrictions on accessory structures, second dwellings, leasing, exterior alterations and occupancy.
- Bylaws and rules: Check architectural-review procedures and any specific ADU language adopted after October 1, 2025.
- Architectural review: Determine what plans, elevations, materials or site drawings must be submitted.
- Rental rules: Separate long-term leasing rules from short-term-rental restrictions.
- Voting provisions: Ask whether the governing body intends to count the ADU separately for HOA voting.
- Assessment provisions: Ask whether the ADU will create an additional assessment obligation.
- Local zoning approval: HOA permission is not a substitute for county or municipal zoning and building approvals.
If your HOA says “ADUs are prohibited”
Do not assume the restriction is enforceable simply because it appears in an older declaration or rulebook. HB 1466 changed Maryland law effective October 1, 2025.
At the same time, do not ignore the association and proceed without review. The outcome can depend on whether the restriction actually prevents ADU development, whether the property qualifies for the statutory protection, whether historic-property rules apply, and whether the homeowner is complying with local laws.
A practical first step is to ask the HOA to identify the specific recorded provision it relies on and compare that language with the current Maryland statute. For a real dispute or significant financial commitment, consult a Maryland attorney familiar with real property and HOA law.
Primary sources
- Chapter 197, 2025 Laws of Maryland — HB 1466
- Maryland General Assembly — HB 1466 legislative history
- Maryland Department of Planning — HB 1466 ADU FAQ
Maryland ADU Guide is maintained by Gijo John as an independent research publication. See our Editorial & Research Policy and Disclaimer.