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HOA Fence Rules

Height, material, and the architectural approval you need before the posts go in the ground.

Reviewed October 1, 20261 min read

This is general information for homeowners in the United States. It is not legal advice and it does not create an attorney-client relationship. Your CC&Rs and your state's current statute control. Read both, and talk with a lawyer licensed in your state before you rely on any of this.

Fence fights are architectural fights. The declaration or the design guidelines usually set height, material, color, and which yards can have a fence at all. Corner lots and lots on a golf course or a lake often have a stricter rule than interior lots. The plat may also show an easement the fence cannot block.

Before you build

Submit an application and wait for a written answer. The architectural request is a clean way to do that. Include a sketch, the material, the height, and the location on a lot diagram. Many documents say that if the committee does not answer within a stated number of days, the application is approved. Some say the opposite. Read your section. Do not start the post holes on day 31 because a blog told you silence is approval.

A fence that is already up is harder. The association may demand removal, and you may have an estoppel or a waiver argument if they watched it go up and waited years. Those arguments are evidence arguments. Photos, the approval you thought you had, and the date of the first notice are the file. A fine on top of a removal demand should follow the fine process.

Common questions

The city approved my fence. Can the HOA still say no?

Yes. A building permit and a covenant are separate. You can satisfy the city and still violate the declaration.

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