Key Facts Ordinance Text Full Breakdown Violations FAQ Sources More in Berkeley County

Berkeley County, SC HOA Rules: CC&R Enforcement (2026)

Few Restrictions

Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

County enforces HOA covenants?: No, expressly stated in code
Governing definition: "Homeowners' association," § 2.3.57
Who enforces CC&Rs instead: The HOA itself, privately
County role: Zoning/building code only, separately
Applies to: Unincorporated Berkeley County subdivisions

Summary

Berkeley County's zoning ordinance says outright that the county has no power to enforce a homeowners' association's own covenants and restrictions. If a neighbor violates a CC&R, an HOA has to pursue it privately; county code enforcement only steps in for a separate violation of the actual zoning or building code.

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

2.3.57. Homeowners' association. A private nonprofit association that is organized by the developer in which individual owners share common interests in open space and/or facilities and are in charge of preserving, managing, and maintaining the common property, and enforces certain covenants and restrictions. The county does not have the authority to enforce covenants and restrictions provided in the homeowners' association agreement.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 37).

Full Breakdown

" That single sentence is the operative rule for every subdivision in unincorporated Berkeley County: recorded CC&Rs are a private contract among lot owners and the association, not a county ordinance, so the planning department, code enforcement, and the zoning administrator have no statutory basis to cite a homeowner for violating a covenant such as a paint-color rule, a fence-style requirement, or a parking restriction that exists only in the HOA's declaration. 6, which the zoning administrator can enforce with a stop-work order, an injunction action, or a misdemeanor referral. 57 forecloses that avenue by design.

Violations & Fines

There is no county violation or fine tied to a homeowners' association's own covenants, because section 2.3.57 removes the county from that role entirely. Any HOA enforcement action, whether a fine, a lien, or a lawsuit, proceeds under the association's own recorded declaration and state association law, not under the county code. County enforcement and the section 20.6 misdemeanor penalty apply only where the same conduct independently violates the zoning ordinance or building code.

Frequently Asked Questions

Will Berkeley County code enforcement cite my neighbor for violating our HOA's covenants?

No. Section 2.3.57 of the zoning ordinance states plainly that "the county does not have the authority to enforce covenants and restrictions provided in the homeowners' association agreement," so CC&R violations are the association's problem to pursue, not the county's.

What can I do if my HOA won't enforce its own rules in Berkeley County?

Because section 2.3.57 keeps the county out of covenant enforcement, recourse runs through the association's governing documents and South Carolina nonprofit and homeowners' association law, which can include a demand to the board, a vote to compel action, or a private civil suit against the violating owner.

Does county zoning ever overlap with HOA rules?

Only where the same act independently breaks an adopted county rule, such as a dimensional or use standard in articles 5 through 7 of the zoning ordinance. The county's own enforcement tools in sections 20.5 and 20.6 apply to those code violations, never to a covenant that exists solely in the HOA's recorded declaration.

Sources & Official References

[1]Berkeley County Code of Ordinances, Appendix A § 2.3.57

Other rules in Berkeley County

Noise Ordinances: Quiet HoursSome Restrictions Noise Ordinances: Construction HoursSome Restrictions Noise Ordinances: Amplified Music & Outdoor SoundSome Restrictions Noise Ordinances: Vehicle NoiseSome Restrictions Noise Ordinances: Barking DogsSome Restrictions Parking Rules: Commercial & Oversized VehiclesSome Restrictions

All Berkeley County rules

Compare Berkeley County to another location·View the South Carolina hoa rules overview

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.