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

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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).

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

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?
Only in special projects the zoning ordinance allows, like townhouses or planned developments, and only if a viable homeowners' association backed by recorded deed restrictions and legal covenants exists to own and maintain the street, per Sec. 28.6-75(c).
Can an HOA own a subdivision's park or open space instead of dedicating it to the county?
Yes. Section 28.6-67(b) lets the required public site be owned and maintained by a homeowners' association for general public use, but the association's declaration and covenants must be submitted to the planning commission for review before the final plat is approved.
What happens if a developer does not set up a proper HOA for a planned private street?
The planning commission will not approve the private street; Sec. 28.6-75(c)(2) makes a viable HOA with recorded covenants a precondition, so without it the street has to be built to public standards and dedicated to the county instead.
Does Florence County register or regulate HOAs directly?
No standalone HOA registration exists in the code. The county's role is limited to reviewing an association's declaration and covenants at the plat-approval stage under Sec. 28.6-67(b) and Sec. 28.6-75(c) before allowing private ownership of streets or public sites.

Sources & Official References

Other rules in Florence County

All Florence County rules

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