ADU Owner Occupancy: Chandler vs Gilbert
How do adu owner occupancy rules compare between Chandler, AZ and Gilbert, AZ?
Chandler and Gilbert have similar restriction levels.
Chandler, AZ
Maricopa County
Chandler may not require owner-occupancy as a condition of building or operating an accessory dwelling unit. Arizona Ariz. Rev. Stat. section 9-461.18 (HB 2720) preempts owner-occupancy mandates for cities over 75,000 population. Chandler's ADU code amendments adopted in November 2024 removed any prior owner-occupancy condition. Investor-owned ADUs are permitted on single-family lots.
View full Chandler rules →Gilbert, AZ
Maricopa County
Gilbert previously required owner-occupancy as a condition of casita approval, but Arizona HB 2720 (ARS 9-461.18) preempts owner-occupancy requirements in cities over 75,000 population. Gilbert may no longer condition ADU permits on the owner residing on-site. HOA CC&Rs may still impose restrictions, subject to limits under ARS 33-1817.
View full Gilbert rules →Key Facts Comparison
| Fact | Chandler | Gilbert |
|---|---|---|
| State Preemption | Ariz. Rev. Stat. 9-461.18 (HB 2720) | - |
| Owner-Occupancy | Not required | - |
| Chandler Code Amendment | November 2024 | - |
| Investor Use | Permitted | - |
| Occupant Limits | Cannot be city-restricted beyond IBC load | - |
| HOA Restrictions | Limited by state preemption | - |
| Status | - | Preempted by HB 2720 |
| Effective Date | - | January 1, 2025 |
| HOA CC&Rs | - | Limited by ARS §33-1817 |
| Rentable | - | Both units now |
Highlighted rows indicate differences between cities.
Chandler FAQ
Does Chandler require me to live on the property to have an ADU?
No. Arizona Revised Statutes section 9-461.18 (HB 2720) prohibits Chandler from requiring owner-occupancy as a condition for building or operating an accessory dwelling unit. Investor-owners may build and rent both the main house and the ADU.
Can my Chandler HOA enforce owner-occupancy for ADUs?
HB 2720 (Ariz. Rev. Stat. 9-461.18) substantially limits HOAs from blocking ADUs that comply with the state by-right standards. Older recorded covenants may be partially preempted; consult an Arizona real estate attorney for a specific covenant analysis.
Gilbert FAQ
Does Gilbert require owner-occupancy for a casita?
No, not since January 1, 2025. ARS 9-461.18 preempts owner-occupancy requirements in cities over 75,000 population. Gilbert removed the requirement from its Land Development Code.
Can my Gilbert HOA require me to live on-site to have an ADU?
Possibly through CC&Rs, but HOA authority is limited by ARS 33-1817 which prohibits unreasonable HOA restrictions on lawfully created ADUs. Review your CC&Rs and consult an attorney before relying on the statute.
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