Can an HOA or deed restriction stop an ADU in Austin?

Often, yes. Austin's HOME amendments change what city zoning allows, but they do not cancel private deed restrictions or HOA covenants recorded against your lot. If those documents limit a property to one single-family dwelling, or require architectural approval, they can block or delay an ADU even where the city would permit it.

Where do I find my deed restrictions?

They are recorded in the county real property records, with the Travis County Clerk or the Williamson County Clerk depending on where you live, and are usually listed in your title policy from closing. Many subdivisions also have an HOA that keeps the declaration and its amendments on file.

What language should I look for?

• Limits to "one single-family dwelling" per lot.
• Bans on garage apartments, servants' quarters or detached living space.
• Minimum home sizes, setbacks stricter than city code, or height limits.
• Architectural review before any exterior change or new structure.
• Rental limits, including short-term rentals.

Do old restrictions still apply?

It depends. Some deed restrictions expire on a set date, renew automatically, or can be amended by owner vote under their own terms. Older central Austin subdivisions sometimes have restrictions that lapsed; newer master-planned communities usually have active HOAs. A real estate attorney can tell you what is enforceable on your lot.

What rules do Texas HOAs have to follow?

Chapter 209 of the Texas Property Code sets procedures for many residential property owners' associations, such as notice before certain enforcement actions. It does not override the restrictions themselves.

Would a state ADU law have changed this?

No. The 2025 ADU bill, SB 673, expressly preserved HOA rules and deed restrictions. Read Does Texas have a statewide ADU law?

What do we do about it?

We ask for your title documents during the lot check, flag restrictive language, and plan around architectural review if your HOA requires it. We are not lawyers, so we point you to one when the wording is unclear.