The ADU Rules Are Changing in a Big Way, and Bend Homeowners Should Be Paying Attention
If you own a home in Bend, or anywhere in Central Oregon, some of the most significant housing news in years is unfolding right now, and most people have not caught up to it yet. A combination of new state law and local action is about to make building an accessory dwelling unit, better known as an ADU, dramatically easier. For a lot of homeowners, the door that used to be locked is being unlocked. At Tuttle & Tuttle Group, we think this is worth understanding, whether you are dreaming about rental income, planning for family, or simply thinking about the long-term value of your property.
Here is what is happening, in plain English, and what it could mean for you.
First, a quick refresher: what is an ADU?
An accessory dwelling unit is a second, smaller home on the same lot as your main house. An ADU has its own kitchen, bathroom, and living space, and it can be attached to your home, built above a garage, or sit as a standalone structure in the yard. People use them for aging parents, adult kids, guests, a home office, or rental income. They have become one of the most popular ways for homeowners to add flexibility and value without moving.
Until recently, two big obstacles stood in the way for a lot of people. One was local zoning. The other, for many neighborhoods, was the homeowners association. Both of those obstacles are now shrinking at the same time, and that is what makes this moment unusual.
Change number one: HOA and CC&R roadblocks are being cleared away
This is the one that surprises people the most. For years, even when a city allowed ADUs, your neighborhood's private rules could still stop you cold. Those rules, the covenants, conditions, and restrictions known as CC&Rs, are set by homeowners associations, and many of them flatly prohibited second dwellings. You could have the perfect lot and the city's blessing and still be told no by your HOA.
Oregon's House Bill 2138, passed in 2025, changes that. The law prohibits private restrictions, including the governing documents of planned communities and HOAs, from limiting ADUs, middle housing, and added density. In other words, a CC&R that bans an ADU is being set aside by state law. What makes this especially powerful is that it is written to apply retroactively, so it reaches existing covenants, not just new ones written going forward.
For homeowners in HOA neighborhoods who assumed an ADU was simply off the table, this is a real shift. The rule that said no may no longer carry the weight it once did.
One important note, and it is the honest kind of note a good agent should give you. The exact date this covenant provision takes effect, and the fine print of how it is enforced, are details worth confirming for your specific property before you start drawing up plans. Laws like this phase in on their own timeline, and your situation deserves a precise answer rather than a general one. We are happy to help you track that down.
Change number two: Bend now allows two ADUs per property
While the state was working on the HOA piece, the City of Bend made its own move. Bend used to allow just one ADU per lot. The city now allows two. The first unit can be up to 800 square feet, and the second can be up to 500 square feet.
Two units on one property opens up possibilities that one unit never could. Picture a backyard cottage for a parent and a smaller studio above the garage that generates rental income. Or a guest space for family and a long-term rental that helps with the mortgage. The math and the flexibility change meaningfully when you can build two instead of one.
This change applies within the City of Bend. If your property sits in another Central Oregon community, the local rules will differ, and that is exactly the kind of thing we can check for you based on where you live.
Change number three: five pre-approved plans that are ready to build
Here is the part that takes the biggest headache out of the process. One of the most expensive and time-consuming steps in building an ADU has always been the design and plan review. You hire an architect, you submit plans, the city reviews them, you make changes, and you wait. It adds cost and months to the timeline.
Bend created a Pre-Approved Plans Program to solve this. The city started with one pre-approved ADU design and has since added four more, so there are now five ready-to-build plan sets that the city has already reviewed for building code compliance. Homeowners can use these plans at no charge for permitting within Bend, which skips the repeated review steps, shortens the timeline, and lowers the overall cost. The plans are flexible enough to work for a range of housing types, not just a single cookie-cutter cottage.
For a homeowner who wants an ADU without starting from a blank page, this is a genuine shortcut. A pre-reviewed plan means you are not paying to reinvent something the city has already approved.
Why this matters for you as a homeowner
Put these three changes together and you get a picture that did not exist a couple of years ago. A path that used to be blocked by HOA rules, limited to a single unit, and slowed by expensive plan review is now, for many homeowners, open, doubled, and streamlined.
What could that mean in practical terms?
It can mean added value. A well-built ADU can increase what your property is worth, and it broadens the pool of future buyers who want flexible space.
It can mean flexibility for your family. Aging parents, adult children returning home, or a dedicated space for guests and work are all easier to accommodate when you can add a second dwelling.
It can mean rental potential. Central Oregon has steady demand for smaller, well-located rentals, and an ADU can become a source of income. We will always give you the honest version here. Rental income depends on your costs, your financing, your location, and the market, and gross rent is not the same as profit. An ADU is an investment that deserves real numbers before you commit, not a guarantee. But the opportunity is real, and it is more accessible now than it has been in a long time.
A few honest things to keep in mind
We would not be doing our job if we only gave you the exciting half. Building an ADU is still a real project. You will still need permits and site-specific approval, even with a pre-approved plan, because every lot has its own setbacks, utilities, and site conditions. Construction costs money, and financing an ADU is its own conversation worth having early. Not every lot is a good fit, and the right answer depends on your property, your goals, and your budget.
The good news is that every one of those questions has an answer, and finding it is exactly the kind of thing we do every day.
Where to start
If you have ever looked at your backyard and wondered what might be possible, this is a good time to ask the question seriously. The rules are moving in your favor on multiple fronts at once, and that does not happen often.
Reach out to Tuttle & Tuttle Group and we can help you think it through. We can look at your specific property, check which rules apply where you live, point you toward the pre-approved plans, help you understand the realistic value and income picture, and connect you with the right people to take the next step. No pressure, no hard sell, just straight answers from people who know this market and are watching these changes closely.
The ADU landscape in Central Oregon is changing fast. Let's make sure it changes in your favor.
This article is for general information and reflects housing law and local rules as we understand them at the time of writing. Laws change and effective dates and details vary by property, so confirm specifics for your situation with the City of Bend or qualified counsel before making decisions. We are glad to help you find the right answers.








