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

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Governing section
Zoning Standards § 20.13.5(a)-(c)
Membership rule
Mandatory for owner and every successor
Restriction duration
Permanent, no time limit allowed
Association duties
Insurance, local taxes, facility upkeep
Covenants filed with
Dorchester County Attorney
Max fine for violation
$200 per day, § 14.2.4

Summary

Where a subdivision's open space is owned or maintained by a homeowners or condominium association, Dorchester County's zoning ordinance requires the recorded covenants to make membership mandatory for every owner, keep the restrictions permanent, and put the association on the hook for insurance, taxes, and upkeep.

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

(a) Membership must be mandatory for each dwelling unit owner and any successive buyer; (b) The open space restrictions must be permanent, not just for a period of years; (c) The association must be responsible for liability insurance, local taxes, and the maintenance of recreational and other facilities;

Full Breakdown

5 (Ordinance 04-13) governs how a homeowners or condominium association must be structured whenever a subdivision developer dedicates open space to that association rather than the county or individual owners. Before the site plan is approved, or by the preliminary plat or plan application stage, the developer must file a copy of the governing covenants and restrictions with the County Attorney. 5's mandatory-membership and permanence rules attach. 6 adds that whoever holds ownership or control of the open space is responsible for its continued upkeep and proper maintenance, reinforcing the association's operating duties. The ordinance took effect October 1, 2004 and has been amended through 2026.

Violations & Fines

The ordinance folds noncompliance into its general enforcement scheme rather than writing a stand-alone HOA penalty. Section 14.2.4 makes any violation of the Zoning and Land Development Standards Ordinance a misdemeanor under S.C. Code § 6-29-950, carrying a fine of up to $200 or up to 30 days' imprisonment on conviction, with each day of a continuing violation counted as a separate offense. Section 14.2.3 additionally lets the Zoning Administrator seek injunctive relief or specific performance to force a developer or association into compliance.

Frequently Asked Questions

Can a new buyer refuse to join the subdivision's HOA?
No. Section 20.13.5(a) requires that membership be mandatory for each dwelling unit owner and any successive buyer whenever the county-required open space is owned by a homeowners or condominium association, so a new purchaser is bound automatically.
Can the association's covenants expire after a set number of years?
No. Section 20.13.5(b) specifically requires that the open space restrictions be permanent, not just for a period of years, so the covenants cannot include a sunset date under this county requirement.
Who is responsible for insuring and maintaining the association's open space?
Section 20.13.5(c) puts that on the association itself: it must carry liability insurance, pay local taxes on the open space, and maintain recreational and other facilities located on it.

Sources & Official References

Other rules in Dorchester County

All Dorchester County rules

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