Yeah, that's our next planned step, I just wanted to be armed with actual code and facts. Because our HOA is not lenient and I would have to come armed (not that they've been unreasonably obstinate, but they are sticklers for their rules).

What if you built your pergola, instead of sinking the posts into the ground, by making concrete bases, that were still technically not affixed to the ground? Or would that be too ugly?

Still against code.

I say just sweat it out: it will be a lot less work and aggravation in the long run

Build a Sweat Lodge!