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Dorchester County, SC HOA Rules: Assessment & Dues (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Governing section
Zoning Standards § 20.13.5(d)-(e)
Applies when
Subdivision open space owned by HOA
Covenants filed with
Dorchester County Attorney
Filing deadline
Site plan or preliminary plat stage
Assessment must fund
Insurance, taxes, facility upkeep
Max fine for violation
$200 per day, § 14.2.4

Summary

When a subdivision sets aside open space owned or maintained by a homeowners or condominium association, Dorchester County's zoning ordinance forces the recorded covenants to guarantee every owner pays a pro rata share of costs from the master deed and lets the association adjust dues as needs change.

These county ordinances apply to unincorporated areas of Dorchester County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

(d) Homeowners must pay their pro rata share of the cost provided for in the master deed establishing the homeowner's association; and (e) The association must be able to adjust the assessment to meet changing needs.

Full Breakdown

5, a developer who lets a homeowners or condominium association own and maintain a subdivision's open space must file a copy of the governing covenants and restrictions with the County Attorney by the time of site plan approval or the preliminary plat or plan application stage, whichever comes first. ' Those two provisions work together with subsection (c), which makes the association responsible for liability insurance, local taxes, and maintenance of recreational and other facilities, meaning the assessment obligation is tied directly to funding those costs.

Because the covenant filing happens during county development review rather than after the fact, the Planning Department checks compliance before a plat records, not after residents move in. The rule sits inside Article XX (Open Space Requirements) of the county's zoning ordinance, which took effect October 1, 2004 and has been amended repeatedly through 2026, so the underlying open space and HOA-filing mechanics have carried forward unchanged. There is no separate county assessment cap, collection procedure, or lien schedule; the ordinance only sets the mandatory content that must appear in the recorded covenants themselves.

Violations & Fines

The zoning ordinance does not carve out a special penalty for a missing or noncompliant HOA covenant filing; it falls under the ordinance's general enforcement scheme. Section 14.2.4 makes any violation of the Zoning and Land Development Standards Ordinance a misdemeanor under S.C. Code § 6-29-950, punishable on conviction by a fine of up to $200 or up to 30 days' imprisonment, with each day of continuing violation treated as a separate offense. The Zoning Administrator can also seek injunctive relief under Section 14.2.3 to force compliance before a plat is approved.

Frequently Asked Questions

Does Dorchester County set the actual HOA due amount?
No. The county does not set a dollar figure. Section 20.13.5 only requires that the recorded covenants make each owner's pro rata share flow from the master deed and let the association adjust the assessment as costs or needs change.
When does the county check these HOA assessment terms?
The developer must file the covenants and restrictions with the County Attorney by the time of site plan approval or the preliminary plat or plan application stage, so the review happens before the subdivision is finalized, not afterward.
What happens if a developer skips filing the covenants?
It is treated as a violation of the Zoning and Land Development Standards Ordinance under Section 14.2.4, a misdemeanor carrying up to a $200 fine or 30 days in jail per day of continuing violation, and the Zoning Administrator may also seek an injunction.

Sources & Official References

Other rules in Dorchester County

All Dorchester County rules

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