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DebbieS6 (Florida)
Posts: 2
Posted:
Our documents state that no like structure over 6 feet in height shall be permitted on any front lot. A homeowner has put up a large pergola/plant arbor (approx 8 feet) in the front yard. The Board states this is a violation. What are considered like structures?
FredS7 (Arizona)
Posts: 927
Posted:
I think you need to post more of the text.
TimB4 (Tennessee)
Posts: 21,062
Posted:
Debbie, I agree with Fred. Without more of the language that sentence came from it's impossible to give context to that term.

If the passage was talking about fences having a max height of 6 feet, then a like structure would be landscaping or hedge. The height would be limited to 6 feet.

IF the passage was talking about sheds, etc. then any similar structure would be limited to 6 feet.

If you can provide more of the language/text of the section you cited, better advice may be provided.

Tim
KevinK7 (Florida)
Posts: 1,343
Posted:
I don't know if I would consider landscaping to be a structure. Now if it were discussing fences, I would consider a wall to be a structure.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Debbie

A pergola, arbor, is a garden feature forming a shaded walkway, passageway or sitting area of vertical posts or pillars that usually support cross-beams and a sturdy open lattice, often upon which woody vines are trained.

A 6ft pergola would not work as a pergola is meant to be walked through when used a walkway cover, a gazebo, connectuing two structures, deck cover, etc.

How are they using it for?

JohnC46 (South Carolina)
Posts: 14,265
Posted:
Debbie

Do you know if they got permission for the pergola?
DebbieS6 (Florida)
Posts: 2
Posted:
Documents state no continuous fence, wall, hedge, planting, or LIKE STRUCTURE over six feet in height shall be permitted on any lot. There was no prior approval and pergola was placed in front of window facing street. Pergola is approx 8' n height.
EllieD (Vermont)
Posts: 446
Posted:
Debbie, Which one of your Governing Documents are you quoting from?
FredS7 (Arizona)
Posts: 927
Posted:
>no continuous fence, wall, hedge, planting, or LIKE STRUCTURE over six feet in height shall be permitted on any lot

OK it would be up to your architectural review committee (if you have one) or the board (if you don't) to decide whether the arbor is like any of those items.

As written the rule seems to want to prevent large objects that obstruct the view. It is interesting that the word "continuous" is included, it seems to allow a fence that, let's suppose, goes partway across the front of the lot.

To me a pergola has some characteristics of a tree (because it's high, and provides shade) and some characteristics of a hedge (in that it obstructs the view).

KevinK7 (Florida)
Posts: 1,343
Posted:
I am more inclined to say that if the word "continuous" did not exist than the pergola would be in violation but if it is free-standing then I don't see a conflict with the rules.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By KevinK7 on 08/06/2012 2:08 PM
I am more inclined to say that if the word "continuous" did not exist than the pergola would be in violation but if it is free-standing then I don't see a conflict with the rules.

Like you, I am leaning toward the 6ft height limit is for continuous fences, hedge rows, perimeter type things, etc., not a standalone structure.

I would assume some permission to build was still needed.

TimB4 (Tennessee)
Posts: 21,062
Posted:
Quote:
Posted By KevinK7 on 08/06/2012 7:06 AM
I don't know if I would consider landscaping to be a structure.

Hedges, trees can be considered fences (see spite fence)- hence structures.
TimB4 (Tennessee)
Posts: 21,062
Posted:
Quote:
Posted By DebbieS6 on 08/06/2012 8:00 AM

There was no prior approval and pergola was placed in front of window facing street.

Ignore the height issue.

Typically, if there was no prior approval, the individual is in violation of the covenants for failure to obtain approval.
DaveD3 (Michigan)
Posts: 796
Posted:
Quote:
Posted By JohnC46 on 08/06/2012 2:22 PM
Posted By KevinK7 on 08/06/2012 2:08 PM
I am more inclined to say that if the word "continuous" did not exist than the pergola would be in violation but if it is free-standing then I don't see a conflict with the rules.


Like you, I am leaning toward the 6ft height limit is for continuous fences, hedge rows, perimeter type things, etc., not a standalone structure.

I would assume some permission to build was still needed.


Yup. The rules are talking about a fence-like thing. The "like structure" is assuming that someone is going to come up with some alternative design for a fence and say "but it's not a tree, hedge or fence, it's an 8' high by 60' long sculpture made of old Buick hubcaps"

A pergola archway would essentially be the opposite of what that rule is addressing.

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