Lexington County, SC HOA Rules: CC&R Enforcement (2026)
Key Facts
- Governing section
- Subdivision Regulations Art. 7, §§ 7.10-7.13
- Who enforces
- Developer and/or homeowners only, never county staff
- Recording deadline
- Before or at Final Plat recording, or bond acceptance
- Legal limit on covenants
- Cannot violate county or state law
- County's role
- None; covenants are a private contract
Summary
Lexington County lets subdivision developers record covenants and deed restrictions controlling lot use, minimum floor area, fencing, or landscaping, but county staff never enforce them. Article 7 of the Subdivision Regulations treats covenants as a private contract between the developer and homeowners, so violations go to civil court, not code enforcement.
7.10 The subdivider may desire to restrict the use of lots within the subdivision, guarantee a minimum building floor area, control the use of fencing or landscaping, or in other ways control the development of the subdivision by recording covenants or deed restrictions applicable to every lot within the subdivision.
7.11 Such covenants or restrictions shall not violate any law existing within the County or the State of South Carolina.
7.12 Such covenants or restrictions should be recorded before or at the recording of the Final Plat of the subdivision, or, if the subdivision is bonded, at the time of the acceptance of the bond by the County.
7.13 Enforcement of covenants and deed restrictions is solely the responsibility of the developer and/or homeowners. County staff cannot legally enforce this private contract.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 20).
Full Breakdown
10 of the Lexington County Subdivision Regulations, a subdivider who wants to control how lots in a new subdivision are used, such as setting a minimum building floor area or restricting fencing and landscaping, does so by recording covenants or deed restrictions that bind every lot in that subdivision. 12 directs that covenants 'should be recorded before or at the recording of the Final Plat of the subdivision, or, if the subdivision is bonded, at the time of the acceptance of the bond by the County,' so a buyer researching a lot should check the Register of Deeds records tied to that plat, not the zoning file, for the actual restrictions.
13 is the operative rule for anyone trying to get the county to act on a neighbor's fence height, paint color, or landscaping violation of an HOA's covenants: 'Enforcement of covenants and deed restrictions is solely the responsibility of the developer and/or homeowners. ' That means a call to Lexington County Planning or Code Enforcement about a covenant violation, as opposed to a violation of the county's own zoning or building code, will be referred back to the homeowners association or to the developer named in the recorded documents.
Owners who want a covenant enforced have to look to the HOA's own governing documents and, if necessary, a civil suit against the violating owner; the county's role ends once the covenants are recorded against the plat.
Violations & Fines
There's no county citation or fine for breaking a recorded covenant, because the county never adopted the covenant as an ordinance. Enforcement has to come from the homeowners association or the developer named in the recorded documents, typically through a demand letter, an HOA hearing and fine schedule if the covenants create one, or a civil lawsuit asking a court to order compliance or award damages; magistrate's court and county code enforcement have no jurisdiction over a private covenant dispute.
Frequently Asked Questions
Will Lexington County cite my neighbor for violating our HOA's covenants?
Where do I find my subdivision's actual covenants?
Can a developer put any restriction they want into a subdivision's covenants?
Sources & Official References
Other rules in Lexington County
Compare Lexington County to another location·View the South Carolina hoa rules overview
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