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Hampton, VA HOA Rules: Assessment & Dues (2026)

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

Key Facts

Trigger
Subdivision has common property
Must be recorded
With Hampton Circuit Court clerk
Approved by
City attorney, before recording
Blocks
Lot sales + building permits

Summary

Before Hampton, Virginia will record lots or issue building permits in a subdivision with shared common property, the recorded HOA documents must spell out exactly how each owner's share of maintenance costs is assessed.

no lot shall be approved, recorded, sold, or used within the development and no building permits shall be issued for any lot within the subdivision until appropriate documents in a form approved by the city attorney have been executed and duly recorded in the office of the Clerk of the Hampton Circuit Court. Such documents shall set forth the following:

(A)The nature of the permanent organization under which common ownership is to be established, including its purpose, and provisions establishing requirements for mandatory membership;(B)How it shall be governed and administered;(C)The provisions made for permanent care and maintenance of the common property or improvements, whether public or private, including bonds where required by the subdivision agent;(D)The method of assessing the individual property for its share of the cost of adequately administering and maintaining and replacing such common property; and(E)The extent of common interest held by the owner of each individual parcel in the tract held in common with others. (Ord. No. 11-0009, 8-10-11)

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 31 | Zoning: Supplement 20).

Full Breakdown

Hampton City Code § 35-12 conditions subdivision approval on recording homeowners'-association governing documents whenever a subdivision includes commonly owned recreation, conservation, or maintained property. No lot may be approved, recorded, sold, or used, and no building permit may issue, until city attorney-approved documents are recorded with the Clerk of the Hampton Circuit Court. Among five required elements, subsection (D) mandates the documents set out the method of assessing each individual property for its share of the cost of administering, maintaining, and replacing the common property. Hampton requires the formula to exist and be on file, but does not set the formula itself.

Violations & Fines

Selling or using lots, or the city issuing a building permit, before the assessment method is recorded and city attorney-approved violates § 35-12; the subdivision agent withholds plat and permit approval until the documents are corrected and recorded.

Frequently Asked Questions

Does Hampton, Virginia set the HOA assessment amount?
No, § 35-12(D) only requires the recorded HOA documents to state the assessment method; the city doesn't set the dollar figure or formula itself.
When must the assessment method be on file in Hampton?
Before any lot in the subdivision can be approved, recorded, sold, or used, and before any building permit issues (§ 35-12).

Sources & Official References

Other rules in Hampton

All Hampton rules

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