Mount Pleasant, SC HOA Rules: CC&R Enforcement (2026)

C. Code § 6-29-1145, an applicant for a development approval must sign a recorded covenant affidavit, or check the equivalent box on an online application, confirming that the requested activity is not restricted by any recorded covenant that is contrary to, conflicts with, or prohibits it. 1099(C)(2) limits which approvals trigger this affidavit to zoning map amendments, variances, special exception use permits, and impact assessments, not a building permit to construct or place a structure. 1099(B) requires PLAN Department staff to immediately stop processing the application and bars approval until the applicant confirms the restrictive covenant has been released by the covenant's own enforcing authority or property holders, or by court order.

1099(C)(1) clarifies that actual notice does not mean constructive notice from documents filed at the county land records office, so the town is not required to search title records for HOA covenants on its own; the burden of disclosure and resolution sits with the applicant and, ultimately, the homeowners association or property holders who hold the covenant, not with town code enforcement. This makes the Town of Mount Pleasant a gatekeeper on a narrow set of zoning approvals rather than an enforcer of private HOA rules generally; day-to-day CC&R disputes remain a private matter between the owner and the association, outside the town's permitting role.