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

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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).

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

§ 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.

View official code

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?
The county does not set a dollar cap, but § 154.267(A)(9) requires the declaration to make every owner liable for a pro rata share of the annual operating and capital improvement budgets, and item (8) requires the capital fund to collect at least 1% of the original construction cost per year.
How much must a new York County HOA have funded before homes are sold?
Section 154.267(A)(8) requires the long-term capital improvement budget to start with at least 5% of the construction cost of all commonly held improvements already funded, on top of a first-year operations and maintenance budget required under item (7).
What happens if I fall behind on my HOA assessments in unincorporated York County?
Section 154.267(A)(9) requires the association's declaration to spell out its own method for collecting delinquent fees, penalties, and interest, so the specific late fees and lien process come from your recorded covenants rather than a county ordinance.

Sources & Official References

Other rules in York County

All York County rules

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