HOA Rules in New Castle County, DE (2026)
3 county-level rules, plus city-specific rules for 1 city in New Castle County, Delaware.
Verified from official government sources
Board Procedures
New Castle County requires HOA maintenance corporation boards to transfer control from developer-appointed directors to homeowners by the time 75% of dwelling-unit permits are issued, with 30 days' written notice to owners.
New Castle County HOA Board Turnover Rules
Some RestrictionsNew Castle County Code § 40.27.610
A.Transfer of control of the maintenance corporation from the developer to the homeowners must be completed no later than the issuance of seventy-five (75) percent of the permits for the dwelling units within the subdivision.B.The developer shall provide at least thirty (30) days written notice to each homeowner of the developer's intent to transfer of control of the maintenance corporation to ...
CC&R Enforcement
New Castle County's Unified Development Code draws a hard line between private deed restrictions and public zoning law. Section 40.20.410 states the County "shall not enforce or become involved in the enforcement of private restrictions," leaving CC&R disputes to the homeowners association and the lot owners bound by them.
New Castle County Won't Enforce Your HOA's CC&Rs
Light RestrictionsNew Castle County Code § 40.20.410
The provisions of this Chapter are not intended to replace any deed restriction, covenant, easement, or any other private agreement on the use of land. All such restrictions shall be enforced by parties to the restriction. The County shall not enforce or become involved in the enforcement of private restrictions. The County shall only enforce provisions that are required by this Chapter or othe...
Board Governance
New Castle County requires subdivision developers to form a maintenance organization, a condominium, third-party conservancy, or non-stock corporation, before recording any plan, with its bylaws and declaration reviewed and approved by the County.
New Castle County HOA Organization Rules
Some RestrictionsNew Castle County Code § 40.27.130
C. Maintenance corporation. Unless Subsections A. or B. applies, the developer shall form a non-stock corporation pursuant to the provisions of 8 Del. C. Ch. 1 (General Corporation Law). 1. Prior to plan recordation, the developer shall submit to the Department and the Office of Law, for their review and approval, the maintenance declaration, certificate of incorporation, and bylaws as required...
HOA Rules by City in New Castle County
1 cities in New Castle County have their own hoa rules rules. Each link goes to that city's dedicated page with code citations.
All New Castle County ordinances
See every category we cover for New Castle County: parking, noise, fences, fires, animals, pools, and more.
New Castle County Ordinance Hub →