HOA denial of a pergola

I recently applied for approval from my HOA located in Summerville, SC to have a pergola installed in my back yard. I live on a corner with no fence; I was approved for the pergola with the conditions that I install a fence because they don't think a pergola looks good. My question is what is my rights when another home has one although different style on a corner and no fence and another one they said was approved by mistake but it's on the books as such so they can keep it. Here is the rule in the Covenants and Restrictions handbook that was given prior to moving in:

D.(COMPANY NAME HERE) Outbuilding Standards

Another important characteristic of (COMPANY NAME HERE) homes is the option for outbuildings at the rear of the home. An outbuilding is defined as a detached structure from the main house, including a garage, carport, studio, equipment shed, or workshop. In each case materials used should compliment that of the primary structure. A 6' fence is required to be able to build a shed. The homeowner must have submitted a fence request and the request must be approved prior to requesting shed approval.

- Lots with a view of a pond are not allowed to have a shed.
_ Corner lots that are not allowed to have a 6' fence are not allowed to have a shed.

Then it goes on and talk about Placement of the outbuildings, Height, Size and Material.

Nothing in the book mention anything about pergolas and or that you can put up one if you have a fence. Can anyone give me some advice on what to do about this I have already purchase the pergola thinking it would be approve since nothing is in the Covenants and Restrictions handbook, saying we cannot put one unless we have a fence.

Thank you to all for your time,
Adrienne

PS: When I was called and informed that they denied my dispute I asked why I can't get one when the houses down the street has one and that is when I was told that they have sent letter to one of them and is sending a letter from the attorney to the home and the other one was approved by mistake so they get to keep it.

PLEASE HELP!!!!!!!!!!!!!!!!!!!!!!!

Hi Adrienne:

I would recommend sending a letter to the HOA via “certified return receipt” and ask why you are required to have a fence when another homeowner has a pergola with no fence. Then also ask them to please provide you with the section in your governing documents stating that you must have a fence in order to put up a pergola.

Then see what they state. Hopefully when they cannot provide info from governing documents, the fact another does not have a fence, and owners are to be treated equally they may reconsider. Also, per the section posted in your documents the only item where fence is apparently required is when putting up a “shed”.

JanetB2,

I will send another in dept letter to them and see if that will make a difference with asking to show me where the book says we must have a fence, remember one of the other homes they are trying to make them take it down as well, and another one they say was approved by mistake that is why they get to keep there up without the fence.

Thank you for the reply,
Adrienne