Sherwood Forest HOA seeks addition to Berkeley County ATV ordinance; commissioners outline process

At the April 10 meeting a representative of the Sherwood Forest homeowners association requested that the subdivision be added to the Berkeley County ATV ordinance so sheriff's deputies can enforce county ATV rules on the subdivision's private roads.

County staff explained the existing process: where a subdivision has an active homeowners association (HOA), the HOA may apply through its board to be added to the county ATV ordinance, which then enables the sheriff's office to enforce the ordinance on the subdivision's roads. If no active HOA exists, county practice has been to require signatures from a majority of residents in the subdivision before the county will apply the ordinance to private roads. County staff emphasized that the county cannot enforce private covenants or deed restrictions — those remain civil matters for the HOA or courts — but adding a subdivision to the ATV ordinance makes county traffic and ATV rules enforceable on the private roads covered by that action.

Commissioners and staff discussed licensing and equipment requirements for ATV operators; staff noted state rules remain applicable and that the county ordinance supplements state regulation by enabling enforcement on qualifying private roads once the HOA or resident-majority process is completed.

Outcome: The commission received the request and discussed the process and precedents; commissioners instructed staff to proceed according to the ordinance and existing practice (HOA board application where an active HOA exists; signature petitions where no HOA is active).