York County, SC HOA Rules: Assessment & Dues (2026)
Key Facts
- Capital fund pre-funding
- 5% of common-element construction cost
- Annual capital fee target
- 1% of initial construction cost/year
- Assessment liability
- Every lot owes pro rata operating/capital share
- Collection method
- Declaration must specify delinquency process
- Insurance duty
- Association must insure common property
- Filing point
- Covenants submitted with final plat
Summary
York County requires every property owners association's founding declaration to make each lot liable for its pro rata share of the annual operating budget and capital improvement fees, with the initial capital fund pre-funded at 5% of common-element construction costs, under County Code § 154.267(A).
§ 154.267 REQUIRED COVENANTS, CONDITIONS, AND RESTRICTIONS.
(A) The initial declaration of a property owners association required by this subchapter shall include, at a minimum, the following covenants, conditions, and restrictions: ... (7) An initial operations and maintenance budget, pre-funded through the first fiscal year of its existence, that establishes adequate funding for all of its obligations incurred in carrying out its declared responsibilities; (8) A long-term capital improvement budget, initially funded with 5% of the construction costs of all improvements held in common ownership by the association, and an initial annual capital improvement fee structure sufficient to generate 1% of the initial construction costs per annum; and (9) A requirement that all properties subject to the declaration are liable for the payment of the annual pro rata share of the annual operating budget and capital improvement fees assessed to each property, and the method in which the association will ensure the collection of delinquent fees, penalties, and interest owed to it.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-49: Supplement contains: Local legislation current through Ord. 3925, passed 6-16-25).
Full Breakdown
267(A) sets the minimum covenants every property owners association declaration must carry in unincorporated York County. Item (7) requires an initial operations and maintenance budget, pre-funded through the association's first fiscal year, adequate to cover every obligation the association has declared. Item (8) requires a long-term capital improvement budget initially funded at 5% of the construction cost of all commonly held improvements, plus an annual capital improvement fee structure sized to generate 1% of those initial construction costs every year. Item (9) requires that every property subject to the declaration is liable for its annual pro rata share of both the operating budget and the capital improvement fees, and that the declaration spell out how the association will collect delinquent fees, penalties, and interest from owners who fall behind.
Item (6) separately obligates the association itself to pay every tax, fee, and service charge tied to its commonly held property. Item (5) requires the association to carry liability and casualty insurance on all common property and infrastructure, and item (4) bars the association from assigning or handing off responsibility for commonly owned infrastructure to any individual member or subset of members. 267(B), so the assessment structure is locked in before any lot is sold.
Violations & Fines
Because these assessment terms are baked into the recorded declaration under § 154.267(A)(9) rather than a standalone county fee schedule, enforcement against a delinquent owner runs through the association's own collection remedies for unpaid pro rata assessments, penalties, and interest, which the declaration itself must specify. A declaration lacking the required 5% capital pre-funding, the 1% annual capital fee, or the pro rata liability clause fails county review and blocks final plat approval before any lot can be sold.
Frequently Asked Questions
Does York County set how much my HOA can charge me each year?
How much must a new York County HOA have funded before homes are sold?
What happens if I fall behind on my HOA assessments in unincorporated York County?
Sources & Official References
Other rules in York County
Compare York County to another location·View the South Carolina hoa rules overview
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