Pergola - ridiculous HOA rules (Phoenix, Gilbert: get credit, house, neighborhood)

[antispam]

We are planning to put a pergola in our back yard. I understand that I have to get city permits (Gilbert).

The pergola will be 16' X 12' and will be 5' away from the property line (two sides) on a corner.

Supplied plans to HOA .. they say that pergola must be at least 9 FEET away from ANY structure (house walls, property line, etc.).

They say that the 9' requirement is the "city's" and not their mandate.

Anyone know if Gilbert mandates that pergolas must be 9' away from any wall?

[R_Cowgirl]

This might help
Town of Gilbert, Arizona : Permits & Applications

Also - see page 9 and 10 on this link http://www.gilbertaz.gov/home/showdocument?id=8465

HOA's can be wrong about these things. They are run by volunteers with experiences often in other states. A friend of mine had issues with his HOA because the little bureaucrat running the show was retired from Illinois. She assumed all Illinois building codes were applicable across the country. She modified their HOA rules to comply with Illinois instead of Arizona. No one was paying attention because they had lives. He wound up having to get a petition signed by a good chunk of the resident owners to have the HOA rules rewritten to comply with AZ. So do your homework and stand your ground if what they say doesn't match up to Gilbert and/or the State of AZ rules.

Haha, just had a thought... the person you spoke with at the HOA may not know what a pergola is.
Another thought, for some people the first answer is always, "No." because they don't want to think.

OTOH, the distance I heard was 6 feet. But my storage shed is 1 foot from my wall, and a city inspector (Phoenix) said that it was legal because 1) It's movable (bolted to the cement, not embedded in it); 2) No electricity or water services run to the building; and 3) it is not intended for anyone to live there.

Hope the link helps

[Az_Mitch]

Maybe I'm missing something, but you submitted your plans to your HOA without checking your city requirements? It honestly sounds like your HOA is trying to help you out by pointing you to the city requirements first. If you get a permit from the city first then your question will be answered.

[yukon]

From the code that R_Cowgirl linked to:

Except for swimming pools, for structures 6 feet in height or less, the side and rear setbacks shall be 5 feet. For structures greater than 6 feet in height, there shall be an additional 1 foot setback for each additional 1 foot in height.

How tall will the pergola be? That might be where the HOA is getting the 9' setback from, if it will be taller than 6'.

[Zippyman]

9 feet doesn't sound excessive to me, if we're talking about an outbuilding other than a small shed.

Do you really want your neighbors filling their lot with permanent structures to within 5 feet of the property line?

you're likely already dealing with tiny lots in an hoa anyways.

[antispam]

Originally Posted by yukon

From the code that R_Cowgirl linked to:

Except for swimming pools, for structures 6 feet in height or less, the side and rear setbacks shall be 5 feet. For structures greater than 6 feet in height, there shall be an additional 1 foot setback for each additional 1 foot in height.

How tall will the pergola be? That might be where the HOA is getting the 9' setback from, if it will be taller than 6'.

The pergola is 10' in height. so, looks like they are calculating this based on the city's requirements .... but our Pergola area is 192 SQFT and the document talks about structures that are greater than 200 SQFT...

So, we may have a say here. Will call up the city and find out more. Then tackle the HOA lady

[Bungle]

At least in my HOA there are always exceptions to the rules especially if there's a grey area and a judgment call needs to be made. Describe to your HOA how your pergola will enhance the look of your property and be an asset to your neighborhood. Show up to a meeting to discuss with the board as well. Speaking as a board member anyone that shows up and wants to make their property look better gets a thumbs up in my book.

[Bummer]

Originally Posted by Az_Mitch

Maybe I'm missing something, but you submitted your plans to your HOA without checking your city requirements? It honestly sounds like your HOA is trying to help you out by pointing you to the city requirements first. If you get a permit from the city first then your question will be answered.

Determining and adhering to the Rules / Codes PRIOR to beginning the project is always the wisest approach.

[MalteseJane]

This is what's in our guidelines :

Any part of overhead solid patio covers, attached to the house, must be a maximum of ten feet out from the house and at least twenty feet away from the back property line and/or five feet away from the side property line.
The posts for an overhead lattice patio cover, attached to the house must be a maximum of ten feet out from the house or at least twenty feet away from the back property line and/or five feet away from the side property line.

We can only use Alumawood for pergolas. And we are in Buckeye.

[cully]

I know some cities that have a set of requirements for non-hoa properties and change some of those for hoa properties. That is, where the city zoning laws have a say in a HOA.

That said, I know some hoa board members who like to get credit pretending they are doing a favor for a resident when it is already in the law for HOAs and residents don't know about it.