Pergolas in Florida

Started by DennisS7 • 5 replies • 2835 views

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DennisS7 (Florida)
Posts: 32

Posted:

A resident has requested permission to install a pergola on their patio. They wish to construct this of cedarwood. Our ACC has disapproved this using the rules that restricts enclosures around a patio to a maximum 4' high white PVC fence. The issues are this a pergola, not a fence; there is nothing in the rules that specially restrict installation of pergola; there is no "catch-all" that would cover it, and; there are already several of these but in white (I believe) PVC. The resident has forwarded a letter to the BOD to overturn the ACC ruling. Any idea how to respond to this other to say they can have a pergola as long its PVC. I think the cedarwood would like nice but it would be out of line with all the plastic in the community.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Hi Dennis:

What do your governing documents state regarding ACC ability to adopt rules and regulations? Personally from what you have described I would tend to agree with the ACC to keep conformity within the community. Per your description the cedar would potentially stick out and be very noticeable from surrounding areas. Also, if they now allow the cedar keep in mind it will potentially be setting a new precedence.

PeterD3 (Florida)
Posts: 708

Posted:

A few years ago Florida put more restrictions on the authority of ACC committees beyond what is specified in the "guidelines" document. This is to reduce arbitrary decions.

Based on what has been posted so far, if pergolas exist and the guidelines have not since been updated to forbid them or to specify their construction materials (as the 4' [PVC] fence does) then there is no basis to prevent them in cedar, aluminum, pine, etc.

DennisS7 (Florida)
Posts: 32

Posted:

Janet/Peter,

Thanks for the responses. While I cannot see how the "Fence" rule applies to this matter, there is rule which states that "all structural additions must match the existing homes' siding and color". Being our homes are vinyl sided and a pergola is a structural addition I would think this rule would be more effective for ACC to refuse the cedarwood pergola.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Hi Dennis:

You are most welcome. While wood is nice the problem is if the wood is not properly maintained then within 5 or so years it will definitely not look as nice as the vinyl.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Dennis,

As Peter has stated, unless your ACC guidelines specifically say that the pergola must be of white pvc construction, then the H.O. may build the pergola of cedar. He may not be dened his request if there are other pergolas in the developement. Give hom credit for at least applying for permission.
What your guidelines should say is that any structure in addition to the original home and garage structure MUST be painted or stained to match the house. Cedar is beautiful wood but it will turn the ugly grey color down there in Florida.

Here is the Statute where it specifically says that there must be exact definitions----720.3035 Architectural control covenants; parcel owner improvements; rights and privileges.—
(1) The authority of an association or any architectural, construction improvement, or other such similar committee of an association to review and approve plans and specifications for the location, size, type, or appearance of any structure or other improvement on a parcel, or to enforce standards for the external appearance of any structure or improvement located on a parcel, shall be permitted only to the extent that the authority is specifically stated or reasonably inferred as to such location, size, type, or appearance in the declaration of covenants or other published guidelines and standards authorized by the declaration of covenants.

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