This Washington HOA Tried to Fine Homeowners for Not Building a Fence

Several homeowners living in the Taverner Ridge Homeowners Association found themselves facing a court battle over their need to install fences along the property lines of their Clark County, Washington homes. According to legal documents shared on Justia U.S. Law, the homeowners decided to fight back after the HOA imposed hefty fines. 

The reason? The HOA said the homeowners were required to put up fences as part of the neighborhood’s Covenants, Conditions, and Restrictions (CC&Rs). However, the homeowners said that the timing of the construction of their homes excluded them from that rule since they purchased their homes during phase 5 of construction, allowing them to skip the fencing requirement.

A court agreed with the homeowners and granted a judgment in their favor. The HOA appealed that decision, doubling down on the idea that the homeowners were still required to build fences, no matter which phase of the community’s development they purchased during. 

The HOA appealed the trial court’s ruling, heading to the Washington Court of Appeals. Here’s what happened after the panel reviewed their case.

Taverner Ridge Homeowners Association Fined Several Residents

According to the Justia U.S. Law documents, five couples were fined by the HOA. The HOA claimed that the homeowners needed to install fences, citing part of the CC&Rs in the lawsuit: “During the Development period, all new homes shall include a perimeter fence for each side and rear yard.”

The HOA insisted that the “development period” was still ongoing when the Phase 5 homeowners purchased their houses and that some lots were still owned by the developers. The association began sending letters to the property owners about the fences in 2023, eventually fining them for their failure to install the perimeter fences. When the homeowners appealed the HOA board’s decision, they were once again denied, prompting them to sue the HOA in December 2024.

The Homeowners Say Development Had Finished When They Built Their Homes

When the homeowners fought back in court, they said that the development period had already ended, citing a portion of the CC&Rs that said it concluded when the original developer transferred management of the HOA to the elected board of property owners.

Since the homeowners said this had already happened when they bought their homes, they were exempted. The HOA appealed the ruling, taking its case before Division II of the Washington Court of Appeals. Ultimately, the court upheld the original ruling on Sept. 29, allowing the homeowners to move forward without the fencing requirement. However, the opinion has yet to be published, which may limit how it can be used as a precedent. 

In addition to their fencing win, the HOA was also required to pay the appellate attorney fees and costs to the homeowners, marking another important win for the homeowners.