Florence County, SC HOA Rules: Board Governance (2026)
Key Facts
- HOA required for
- any approved private street
- Legal basis
- recorded deed restrictions, legal covenants
- Eligible projects
- townhouses, planned developments
- HOA can also hold
- subdivision public/open-space site
- Review point
- covenants filed before final plat
Summary
Florence County approves a private street in a subdivision, such as a townhouse or planned development, only if a viable homeowners' association exists to take over ownership and maintenance, backed by recorded deed restrictions and legal covenants, under Sec. 28.6-75(c). The county also lets an HOA hold a subdivision's dedicated public site instead of the county under Sec. 28.6-67(b).
Sec. 28.6-67. - Public sites and open space dedication. ... (b)Homeowner's association. The public site may be owned and maintained by homeowner's association for use by the general public rather than dedicating said site to the county. The homeowner's association declaration shall be submitted with proposed legal covenants to the planning commission for review prior to approval of the final plat. ... Sec. 28.6-75. - Streets. ... (c)Private streets.(1)Private streets are allowed only in special projects as provided in the zoning ordinance (townhouses, planned developments, etc.).(2)In cases where private streets are allowed, there must be a viable homeowner's association (HOA) supported through the adoption of deed restrictions and responsibilities contained within legal restricted covenants to assume ownership and maintenance responsibility of the private street.
Full Breakdown
Under the Land Development and Subdivision Ordinance, private streets are allowed only in special projects the zoning ordinance recognizes, such as townhouses or planned developments (Sec. 6-75(c)(1)). Before the county lets a developer keep a street private rather than dedicate it, Sec. 6-75(c)(2) requires a viable homeowners' association supported through adopted deed restrictions and legal restricted covenants to assume ownership and maintenance of that street. Private streets still have to be built to the ordinance's development standards, including utility access and easement requirements, and must carry identifying signage (Sec.
6-75(c)(3)-(4)). Separately, Sec. 6-67(b) lets a subdivision's required public site, land the subdivider must make available for parks, playgrounds, schools or other public facilities under the county's official map, be owned and maintained by a homeowners' association for general public use rather than dedicated to the county. Before the planning commission signs off on that arrangement, the association's declaration and its proposed legal covenants have to be submitted for review with the final plat. Neither section sets up a general HOA registration or oversight scheme; the county's authority here is limited to the plat-approval gate, requiring proof of a functioning association with recorded covenants before it lets private ownership substitute for public dedication or county maintenance of streets and open space.
Violations & Fines
No standalone HOA penalty exists in the code; the leverage is procedural. The planning commission will not approve a private street, or the private ownership of a required public site, without the association's recorded covenants and declaration on file under Sec. 28.6-75(c) and Sec. 28.6-67(b). A subdivision built without the required viable HOA loses the private-street option and must dedicate the street to the county instead. General chapter violations otherwise fall under Code Sec. 1-13's $200 fine, 30-day imprisonment penalty.
Frequently Asked Questions
Can a Florence County subdivision have private streets?
Can an HOA own a subdivision's park or open space instead of dedicating it to the county?
What happens if a developer does not set up a proper HOA for a planned private street?
Does Florence County register or regulate HOAs directly?
Sources & Official References
Other rules in Florence County
Compare Florence County to another location·View the South Carolina hoa rules overview
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