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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 30384
Experience:  JA Mentor
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My HOA informed me that the iron gate we installed five

Customer Question

My HOA informed me that the iron gate we installed five years ago is not in compliance with the HOA CC&R, we never received any notice until now, not even before or after installing the gate, How long HOAs have to enforce restrictions in the state of WA?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Lucy, Esq. replied 1 year ago.


I'm Lucy, and I'd be happy to answer your questions today.

The statute of limitations for breach of contract in Washington is 6 years, and a violation of the HOA rules is a breach of contract. With that said, a fence that is not in compliance with the rules and regulations is what's considered an ongoing violation - that means, every day the fence is there, the HOA could still file a lawsuit because you're still breaking the rules. I'm sorry to say, if you cannot convince the HOA to allow you to keep the fence, they will be allowed to insist that you remove it.

I apologize that this was probably not the Answer you were hoping to receive. However, it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information. I hope you understand.

Good luck.