What happens when a covenant and a city code disagree?

Both apply, and the stricter one wins. A city code is public law; a covenant is a private agreement recorded against the land. A city permit does not override a covenant, and a covenant does not override a code. If the code allows a six-foot fence and the covenant allows four, you get four. The exception is a state statute that limits what a covenant may say.

What a declaration usually says

A well-drafted declaration says so itself: "nothing in this declaration permits what the law forbids". Most do not say what happens when the covenant is stricter than the code, because the answer is the same either way: an owner must satisfy both.

What to check before you buy

1. Read the recorded covenant for the rule you care about.
2. Read the city or county code for the same subject.
3. Plan to the stricter of the two, and ask a lawyer when a state statute may override the covenant.

Where the law comes in

Washington overrides covenants in a few named cases. RCW 64.90.350 bars a common interest community inside an urban growth area from creating governing documents after July 23, 2023 that restrict accessory dwelling units in ways a city may not, and it shields a city that issues an ADU permit from liability over such a later covenant. Other statutes limit covenants on solar panels, flags and political signs. Outside those cases, a recorded covenant stands next to the code, and a permit does not excuse a breach of it.