Does an HOA have to approve my fence?

Published October 19, 2026. Updated October 19, 2026.

Usually yes, when the recorded declaration has an architectural review clause. That clause requires approval before an owner builds or changes a fence, and it often sets the height, the materials and the placement as well. A fence built without approval can be ordered removed. Read the clause before you buy materials.

What a declaration usually says

Most fence rules set a maximum height, often six feet in back yards and three or four feet in front. Many name the materials allowed, such as wood or vinyl, and forbid chain link. Some set colors. Almost all require a written request to an architectural committee before the work starts, with a plan and a site drawing.

In the covenants Setback has read, as of October 19, 2026, 591 of 1,258 recorded documents say something about fences.

What to check before you buy

  1. Read the architectural review clause and the fence clause for the parcel.
  2. Ask the association how long a review takes and whether a silent committee counts as approval. Some declarations say it does after 30 days.
  3. Check the city or county fence code. Both rules apply, and the stricter one wins.

Where the law comes in

Architectural review is a private covenant power. Under chapter 64.90 RCW an association must act in good faith and follow its own recorded procedure, and an owner can challenge a decision that does not.

This is general information, not legal advice.