Records Request under RCW 64.38.045

As part of RCW 64.38.045, I requested all ACC requests and the information used to approve those requests. I have also requested a copy of all variances on file and all that have been approved in the last 7 years. The board is refusing to provide them stating they are part of Individual lot files other than those of the requesting owner; which they are not required to provide. I think that is bullshit and want to know if there are any legal cases showing that to I am entitled to those records. I want those records to demonstrate the acc/board is approving similiar projects to mine for board members and other community members but not me.

Here is the part of that subsection which leads me to believe that I have a right to request those records.
4i Materials relied upon by the board or any committee to approve or deny any requests for design or architectural approval for a period of seven years after the decision is made;

As Tim noted, you don't have a right to look at the other ACC requests, so if you think you're being singled out, file an appeal with your board. As part of your defense, you could photograph some of the areas with the changes you feel are similar to yours, but that doesn't give you a right to go onto private property. If you can't photograph the area from the street, you'll have to ask the homeowner for permission.

You don't say what you're trying to change or why you were turned down, so start with reviewing your denial letter against your request. Exterior changes from the last 7 years may or may not help your case. You don't know when those changes were made or by who - a previous owner may have done it at a time when the design standards were different or not defined at all, and the board at that time may have been lax in enforcing the design standard(s), but subsequent boards (like the current one?) decided to enact standards and/or enforce what's there. The house could have been built with that design.

Changes in materials, colors, design, etc, can and do change over time, which is why it's helpful for boards to review them periodically. If there aren't any written standards, this could be a situation where your neighbors got approval based on whatever the board felt about the change at the time (and sometimes who was making the request). I'm not suggesting there isn't some selective enforcement going on, but you have to prove it, and just because the last four or five or 10 houses got approval doesn't necessarily mean you should automatically be approved.

There should be a reasonable explanation for the denial - what did you ask for and what were you told? Exterior changes should complement the overall look and design of the community and sometimes people want to make changes that don't make any sense at all (and even that's subjective, depending on who's looking). These are some things to remember as you work on your appeal - start with asking for copies of current and previous design standards. If there are neighbors with similar changes, you could take photos of them, but remember you can't go onto private property - if you can't take the photo from the street, you may need to ask the homeowner for permission. Acutally, that might be better, as you could ask him or her for history on that change, which may also help your case.

The individual file does include the information you mentioned and probably a little more - none of which is your business because you don't own that house or the others. It's one thing to state there are design standards for changes such as replacing a fence - everyone should know what those standards are, the application process and the appeals process if you're denied.

People get exterior change requests on a variety of things - do you want to wade through 7 years of requests to divide those related to whatever you want to do from everything else? Arguing "you approved the last 12 requests, so why won't you approve mine" doesn't necessarily mean there's bias. Assuming you separated the non-applicable requests, youll still need to look for things like:

Who was on the board when those requests came through? How long ago did it happen?
Have there been any board minutes addressing design standards for what you want? When were these approved?
Did some homeowners resubmit their requests because something wasn't clear?
Did a neighbor object to the change and that had to be cleared up before the change was approved?
Have there been zoning changes that no longer allow the change you want?

After determining all that, you still have to show some sort of bias towards you, so once again, what are you trying to change and why did the board say no? Was it a flat no or were you asked to make some modifications so the board could reconsider your request? If so, what's your objection (e.g. a color they want isn't available, the modifications they want would make the project too expensive)?

The Washington statute section quoted above denies owners access to individual lot files (unless it is an owner's own file). I differ with TimB4 on what this means when it comes to records requests. In my opinion you are absolutely entitled to view ACC approvals and denials. Nationwide from my general reading about HOA disputes, letting owners view ACC actions is a big deal and should be done. This transparency helps thwart problems just like the one you are having and also much bigger problems.

The problem is that getting the board to agree with you about this records request will take a legal battle.

But let's return to the main issue: You want a fence. The CCRs do not allow a fence. One way or another many homes are in violation of the CCRs. The fact is that this situation, as it stands today, may very well put the board in a pickle. If I were on this board or the ACC, I would feel legally obligated to deny any application for something that violated the covenants as straightforwardly as you describe. Why? Because my job is to enforce the covenants.

With regard to the other fences, I would ask the board to look into this and take action as appropriate. Nationwide past boards have often done things with ACC requests that violate the covenants, because they do not know any better. If an owner has one of these past approvals in his/her file, then future boards are in a legally difficult situation as to what to do going forward. Down the road, many boards issue a formal variance that is good up until the wall or fence is crumbling. In some cases, then the HOA might have the right to deny a new wall or fence.

It is also possible that the board simply does not feel the HOA can afford to fight those owners who put up a fence or wall without any approval.

There are more possibilities.

In my experience your best tack here is to see if the covenant on fences/walls appears to be "abandoned." This has legal meaning. Post back if you want to know more.

If the signs are that the covenant is not "abandoned," then IMO you are not going to get the board to approve your fence. In the latter case, all you can do is put a fence up (unapproved) and see how the board responds.

A Washington state law firm's 2016 summary of the law on abandonment of covenants:

https://brandtlawgroup.com/declaration-provisions/

If you want to ask a lawyer his/her opinion on the fence situation, maybe keep this law firm in mind.

I think the language was intended to keep you from seeing the payment records of your neighbors (privacy issue).
The unintended consequence of that language included the architectural requests.