Darlington County, SC HOA Rules: Board Governance (2026)

Under Section 7.9.1.2(B) of the Development Standards Ordinance, a small private development is one built on a road that will never enter the county maintenance system, so the county requires the road itself to belong to a homeowners association held in common by every lot owner. Subsection (B)(2) makes the association solely responsible for perpetual maintenance of the roadway and any improvements to it, as well as the annual real estate taxes on the roadway right-of-way. Subsection (B)(3) sets four mandatory elements for the HOA's creation documents: a statement that a major purpose of the association is to own and maintain the road, a written operation and maintenance plan for the road, a statement that every new lot owner automatically becomes an HOA member upon transfer of title, and a statement that the association can assess and collect fees sufficient to fund ongoing maintenance of the road and its drainage.

These documents must be recorded and referenced in each lot's deed, and Section 7.9.1.2(D) requires every deed to disclose that the road is private and will not be maintained by the county until it is upgraded to public paving standards under Article 5, Section 5.2, and accepted by county council. A small private development is capped at eight lots total under Section 7.9.1.1, and any HOA-maintained road must still meet the county's minimum driving surface, turnaround, and signage standards in Section 7.9.1.2(B)(10).