Tucson, AZ asked in Real Estate Law and Land Use & Zoning for Arizona

Q: Can my HOA restrict installing a pergola due to views in Arizona?

I live in a residential community in Arizona where my local HOA is prohibiting me from installing a pergola in my backyard. The HOA cites a rule stating that "ramadas, gazebos, pergolas, and other structures visible above the wall are prohibited" due to valuable views in the community. I believe this restriction impedes my air rights as a property owner. What are my options in this scenario, and do I have any grounds to contest this HOA regulation?

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.