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

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

Key Facts

Governing section
Code § 22-33
Applies at
Planning commission covenant review
County enforces
Nuisance article only, not private CC&Rs
HOA-only matters
Left to HOA governing documents/courts

Summary

Darlington County does not enforce HOA covenants directly. Code § 22-33 only requires that any restrictive covenants submitted to the county planning commission for a new subdivision incorporate, by reference, the nuisance-article requirements of § 22-31 through § 22-55. Day-to-day CC&R enforcement stays with the HOA.

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

All restrictive covenants submitted to the county planning commission for review and approval shall incorporate into such covenants, by reference, the requirements of this article.

Full Breakdown

Section 22-33 of the Darlington County Code sits at the end of the nuisance article and addresses only how private covenants interact with county review, not how an HOA polices its own members. It states that restrictive covenants submitted to the county planning commission for review and approval must incorporate, by reference, the requirements of the nuisance article, which covers junk and trash accumulation, vacant and abandoned structures, obstructive shrubbery at intersections, dangerous structures and similar nuisances defined in § 22-31 and § 22-32. In practice this means a new subdivision's recorded covenants cannot set a weaker standard than the county's own nuisance rules when the developer brings the plat and covenants before the planning commission for approval.

It does not give the county administrator authority to enforce an HOA's separate architectural, landscaping or use restrictions that go beyond the nuisance article, and it does not make the county a party to private covenant disputes between a homeowner and their association. An HOA that wants to enforce its own CC&Rs, such as paint colors, fence styles beyond the county's corner-visibility rule, or parking restrictions not covered by § 22-32, must do so through its own governing documents and, if necessary, civil litigation, since the county's role under § 22-33 is limited to the planning-commission review stage for newly platted developments.

Violations & Fines

Section 22-33 carries no independent penalty of its own; it is a plat-review requirement rather than an enforceable prohibition against a homeowner. A homeowner who violates provisions the nuisance article covers, such as junk accumulation or a blocked sight triangle, still faces the § 22-55 misdemeanor penalty of up to $200.00 or 15 days' imprisonment regardless of what the recorded covenants say, while any purely private CC&R violation is a matter for the HOA and the courts, not the county.

Frequently Asked Questions

Does Darlington County enforce my HOA's CC&Rs?
No. Code § 22-33 only requires that covenants submitted to the planning commission incorporate the county's own nuisance-article standards; it does not authorize the county administrator to enforce an HOA's separate architectural or use restrictions, which remain the association's responsibility.
What must new subdivision covenants include under county law?
Under § 22-33, any restrictive covenants a developer submits to the county planning commission for review and approval must incorporate, by reference, the requirements of the county's nuisance article, sections 22-31 through 22-55, covering junk, abandoned structures and similar violations.
Can I call the county instead of my HOA over a covenant dispute?
Only if the underlying issue is also a county nuisance violation, such as accumulated junk or a dangerous structure under § 22-32. Purely contractual CC&R disputes, like paint color or landscaping style, are not covered by § 22-33 and stay with the HOA.

Sources & Official References

Other rules in Darlington County

All Darlington County rules

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