Mesa does not require owner occupancy for ADUs under MZO Section 11-31-3, as updated by Ordinance 5883 to comply with HB 2720. Arizona HB 2720 prohibits cities over 75,000 from imposing owner-occupancy requirements. Both the primary residence and ADU may be rented to separate tenants. HOA CC&Rs in Mesa's many master-planned communities may still impose occupancy rules subject to ARS 33-1817 limits.
Mesa Ordinance 5883 implemented MZO Section 11-31-3 in compliance with Arizona HB 2720, which prohibits cities over 75,000 from requiring owner occupancy as a condition of ADU permits or use. Mesa does not require the property owner to reside in the primary dwelling or the ADU. Owners may construct an ADU on rental property, sell with the ADU intact, and rent both units to separate tenants. Mesa has an unusually large number of master-planned HOA communities (Eastmark, Las Sendas, Mountain Bridge, Red Mountain Ranch, Sunland Village, Leisure World, Augusta Ranch and others), making HOA CC&R review especially important. Many older Mesa HOA covenants contain owner-occupancy provisions for accessory units. ARS 33-1817 limits HOA restrictions that effectively prohibit lawfully created ADUs, but reasonable HOA architectural and use restrictions may still apply.
No city enforcement of owner-occupancy. HOA enforcement of CC&R owner-occupancy provisions continues but is subject to legal challenge under ARS 33-1817. HOA fines typically range $25-$250 per violation under the community's enforcement schedule.
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