When Your Mother’s Prefab Tiny Home is Stalled by an HOA

In the Dallas exurb of Wylie, Texas, Andrea and Steve Puckett face a dilemma that’s becoming commonplace in America: They need to build a prefab tiny home in their backyard, but their Homeowners Association (HOA) has shut them down.

 

The Pucketts’ need is obvious: Andrea’s 74-year-old mother, Jane, needs to downsize, following the death of her husband a few years ago. She lives alone in a bungalow in the Dallas suburb of Richardson, 12 miles south.

 

But downsizing options are few.

 

“Senior living apartments and nursing homes cost a fortune,” Andrea said. “They would drain our bank accounts quickly.”

 

Andrea said that Jane is far too youthful and active for life in a nursing home.

 

And though Andrea and Steve have a 2,200-square-foot home, living under the same roof wasn’t ideal either.

 

“I love my mom, but she can’t live here,” Andrea said.

 

The solution seemed obvious: build a HomeEc accessory dwelling unit (ADU) in their backyard. With a 10,000-square-foot lot, the Puckett property offers ample room for a 600-square-foot home where Jane could live nearby, but not underfoot.

 

An HOA Roadblock to Prefab Tiny Homes

The Pucketts did their research, found a HomeEc ADU design they liked, and took the first step by contacting their homeowners association. That’s when their plans hit a wall.

 

“I sent off an email to the HOA, which replied that there’s a limit of 200 square feet of size,” Steve said. At that point, the family wasn’t willing to fight the battle. A 200-square-foot structure is comparable to a typical garden shed. HomeEc ADUs range in size from 335 square feet to 600 square feet.

 

Jane wanted the largest option: The Haven. (To take a 3D tour of The Haven, click here.)

Overall,  the Pucketts have had positive experiences with their HOA in other matters. “It’s really not a horrible HOA,” Steve said. They successfully installed solar panels without issues. They added a front flower bed without hassle. Like the 80 other homeowners in the HOA, they pay the HOA $300 per year, and their grass is cut. Things look pretty well maintained.

But when it came to building a home for Mom, the HOA was inflexible.

The Housing Crisis for Aging Parents

Jane’s situation highlights a growing challenge across America, where approximately 10,000 people turn 65 every day. Many seniors find themselves in a difficult position: they’re too independent for assisted living but maintaining a single-family home becomes impractical, unaffordable, lonely, or a combination of all three.

For Jane, assisted living options would cost between $4,000 and $6,000 monthly – an unsustainable expense that would quickly deplete her savings. Meanwhile, her current home in Richardson no longer suits her needs as a widow.

The prefab tiny home solution makes financial sense for everyone involved. It would provide Jane with a desirable living situation, while preserving the entire family’s assets. It would also keep Jane close to family without compromising her independence. And eventually, the ADU could serve as housing for the Pucketts’ 16-year-old son when or if he needs it.

Does ‘No’ Really Mean ‘No’ to Prefab Tiny Homes?

HomeEc officials reviewed the Puckett’s HOA contract – including its 200-square-foot size restriction – and learned that the contract’s wording appears to be based on the City of Wylie’s building permit restrictions. A HomeEc review of Wylie zoning codes show that 200-square-foot restrictions apply to sheds and other nonresidential external buildings on properties within Wylie city limits.

The 200-square-feet size restriction is also mentioned in HOA document, and applies to “accessory buildings,” not necessarily accessory dwelling units. The HOA document references the City of Wylie’s definition of “accessory buildings,” which are sheds, etc.

Further, the HOA contract discusses only one dwelling unit per lot. However, the HOA agreement also states (on page 28, Section 11.12) that the HOA contract is subject to the laws of Texas. Many legal experts say that federal, state and municipal codes take precedence over HOA agreements.

When contacted by HomeEc, the City of Wylie’s planning and zoning office indicated that If a second residential structure – such as an ADU – is added to a property, the city will treat it as an addition to existing homes, as long as the two structures are connected. The connection can include a breezeway or a vestibule, the office said.

Since speaking with the Pucketts, HomeEc has conducted research indicating that many other cities and counties across the U.S. employ similar murky interpretations of HOA/local codes.

The chart below shows the expansion of HOAs across the country.

While HomeEc hasn’t reviewed every HOA contract for its friendliness toward accessory dwelling units, there’s a good chance the agreements contain a great deal of legal boilerplate, like the Pucketts’.

Meanwhile, HomeEc is collaborating with advocates to pass pro-ADU laws in Texas, to allow homeowners like the Pucketts to realize their dreams.

Looking Forward

For now, the Pucketts have put their prefab tiny home plans on hold. “Once the HOA says no, it’s dead in the water,” Steve said. However, Andrea mentioned the possibility of bringing up the issue at the next quarterly HOA meeting.

Their story reflects the tension between evolving family housing needs and community regulations that may not have caught up with demographic realities.

Until then, families like the Pucketts will continue searching for housing solutions that respect both community standards and the dignity of aging parents who deserve to live independently while remaining connected to their loved ones.