Skip to main content
CityRuleLookup

Lexington 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
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.

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

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.

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 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?
No. Section 7.13 of the county's Subdivision Regulations states that 'enforcement of covenants and deed restrictions is solely the responsibility of the developer and/or homeowners' and that 'county staff cannot legally enforce this private contract.' Report the violation to your HOA board or the subdivision's developer instead of county code enforcement, and expect any real remedy to run through the HOA's own rules or a civil lawsuit rather than a county citation.
Where do I find my subdivision's actual covenants?
Check the Register of Deeds records tied to your subdivision's recorded plat. Section 7.12 requires covenants to 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 the restrictions live in the deed records, not in the county zoning file for your lot.
Can a developer put any restriction they want into a subdivision's covenants?
Almost any restriction on lot use, minimum floor area, fencing, or landscaping is allowed under Section 7.10, with one limit: Section 7.11 requires that the covenants 'shall not violate any law existing within the County or the State of South Carolina.' Beyond that ceiling, the content and strictness of the covenants is entirely up to the developer who records them.

Sources & Official References

Other rules in Lexington County

All Lexington County rules

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

Get notified when CC&R Enforcement in Lexington County, SC changes

We'll email you the moment we detect a change in the code. No spam, unsubscribe anytime.

We'll never sell or share your email. One-click unsubscribe in every email.

See something wrong?

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 If you notice an error or outdated information, let us know.