Getting Your Fence Approved by an HOA
In a neighborhood with a homeowners association, the city’s fence rules are only the first hurdle. The association’s covenants (CC&Rs) and design guidelines often control the height, style, color and location of fences more tightly than the city does — and building without approval can mean being told to take the fence down.
This guide explains what associations usually control, what to submit so the application is approved the first time, and where Washington law fits in. It is general information, not legal advice: your own CC&Rs, design guidelines and city code decide what you can build, so confirm with your HOA and your city before ordering materials.
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What HOA Rules Usually Cover
Height and location
Maximum heights, how far back from the street or front of the house a fence must stop, and whether fences are allowed along common areas or trails.
Style and material
An approved design — often a specific cedar privacy style, board pattern and cap — or a short list of allowed materials. Chain link and vinyl are commonly restricted.
Color and finish
Approved stain colors, or a requirement that the fence be left natural, and which side must face out.
Maintenance
Obligations to keep the fence stained and in repair, and rules for fences shared with neighbors or common areas.
How to Get Approved the First Time
Read the documents
Get the current CC&Rs, design guidelines and the architectural application form. Guidelines are often updated separately from the covenants.
Draw the fence on a site plan
Mark the fence line, gate locations and distances from property lines and the house. A copy of the plat or survey with the fence drawn in works well.
Specify the design
Height, material, board style, post size, cap, stain color and gate details, with a photo or drawing of the style.
Submit and wait
Get written approval before ordering materials or scheduling the build, and keep a copy with your house records.
City Rules Still Apply
HOA approval does not replace the city’s rules, and the city does not enforce your covenants. A fence has to satisfy both: the lower of the two height limits wins, and a permit may still be needed for tall fences or fences in critical areas. See fence height rules by city.
Neighborhoods on the Eastside and the plateau cities often combine HOA design rules with critical-area buffers, steep slopes and stormwater tracts where fences are restricted or not allowed at all — so check both before settling on a fence line.
What Washington Law Says
Two state laws govern homeowners associations: the Homeowners’ Associations Act (RCW 64.38) and the Washington Uniform Common Interest Ownership Act (RCW 64.90). Until January 1, 2028, RCW 64.90 applies to communities created on or after July 1, 2018, and to older communities that elect to come under it. The older chapters, including RCW 64.38, are repealed effective January 1, 2028.
Neither act says anything specific about fences
Fence rules come from each community’s own governing documents. What the state law does is limit what an association may prohibit on certain other subjects — among them displaying the U.S. and Washington flags, political yard signs, solar panels, drought-resistant and wildfire ignition-resistant landscaping, electric vehicle charging, heat pumps and fire-hardened building materials — and set procedures, such as keeping architectural approval records for seven years.
If an association denies your application or orders a fence removed, the answer turns on your community’s documents and how they were adopted. That is a question for an attorney who handles community association law.
Frequently Asked Questions
Do I need HOA approval to replace a fence with an identical one?
Many associations still require an application, even for a like-for-like replacement, because they want to confirm it really is identical. A quick written confirmation from the committee costs nothing.
Can the HOA make me remove a fence I built without approval?
If the governing documents require approval and give the association enforcement powers, it may be able to require changes or removal, and fines can apply. Get approval first.
Will you help with the HOA application?
We can provide the drawing, dimensions, material specifications and stain color for your application. Submitting it and dealing with the committee is up to you as the owner.
What if the HOA allows a taller fence than the city?
The city limit still applies. Associations can be stricter than the city, but they cannot authorize something the city code prohibits.
Sources
- RCW 64.90 — Washington Uniform Common Interest Ownership Act Washington State Legislature Applicability (.360, .375); limits on prohibitions (.510, .512, .513, .580, .582).
- RCW 64.38 — Homeowners’ Associations Washington State Legislature Effective until January 1, 2028.
Links and figures last checked against these sources: . Codes change — confirm the current rule with the city before you build.