HOA covenants can prohibit short-term rentals independently — and Mount Pleasant enforces them
100 Ann Edwards Lane, Mount Pleasant, SC 29464
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Published byMount Pleasant Code of Ordinances
This is a separate restriction from the town permit, and in Mount Pleasant it is written into the ordinance itself. § 156.521(B): "STRs are prohibited within any neighborhood that specifically prohibits short-term rental activity by way of their enforceable covenants and restrictions." The application must include, per § 156.519(B)(1): "(h) An affidavit signed by the STR operator certifying the property complies with all town fire and building ordinances and neighborhood covenants and restrictions, if any" and "(m) Copy of neighborhood covenants and restrictions, if any." So in Mount Pleasant a subdivision's recorded covenants are both a private restriction enforceable by the HOA and a ground on which the town will refuse or revoke the permit. Many Mount Pleasant subdivisions do restrict or bar rentals under a stated term in their recorded declarations; the covenants are recorded documents held at the Charleston County Register of Deeds and administered by each HOA, not by the town — the town does not publish a list of which neighborhoods prohibit them. In the neighbouring jurisdictions the covenants operate independently too: a municipal licence or permit does not override a recorded restrictive covenant, and none of the four neighbouring jurisdictions publishes a covenant list either. The offices to ask are the HOA/management company and the Charleston County Register of Deeds; for the town's own position, str@tompsc.com or (843) 884-1229.
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