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James City County, VA HOA Rules: Assessment & Dues (2026)

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

Key Facts

Governing section
James City County Code Sec. 19-70(d)
Applies to
Major subdivisions with common recreation or conservation area
Approval authority
County attorney must approve HOA document form
Trigger
No lot recorded, sold or used until executed
Related section
Sec. 19-73(d)(2) shared driveway assessment analog

Summary

In James City County, any major subdivision built around shared recreation, conservation or maintained common property must record homeowners association documents before a single lot can be sold. County Code Sec. 19-70(d) requires those documents to spell out the actual method used to assess each owner's share of the cost of maintaining and replacing the common property, and the county attorney must approve the form before recordation.

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

no lot shall be approved, recorded, sold, or used within the development until appropriate documents in a form approved by the county attorney have been executed. Such documents shall set forth the following: ... d.The method of assessing the individual property for its share of the cost of adequately administering, maintaining and replacing such common property; and

Full Breakdown

James City County does not have a general HOA financial-oversight ordinance, but Chapter 19, Subdivisions, controls how an association's assessment authority gets created in the first place. Sec. 19-70 applies to any major subdivision where common area is reserved for recreation, conservation or other shared purposes, or where maintenance responsibility falls to homeowners. Before a single lot in such a subdivision can be approved, recorded, sold or used, the developer must execute HOA documents in a form the county attorney signs off on. Those documents must set out five things, and subsection (d) is the assessment rule: the method of assessing the individual property for its share of the cost of adequately administering, maintaining and replacing the common property.

In practice, Community Development's planning staff will not clear a final plat for a subdivision with shared amenities, private streets or stormwater features until the recorded declaration shows how dues are calculated, not just that dues exist. The same assessment-disclosure logic appears in Sec. 19-73(d)(2) for shared driveways in minor subdivisions, and Sec. 19-66(b) requires the HOA, or other legal entity, to cover streetlight operating costs on private streets, again subject to the county attorney's satisfaction that a functioning entity exists. Sec. 19-69(b) lets a developer avoid separately dedicating park land if adequate land is instead transferred to the association, reinforcing that the assessment structure has to be real enough to fund what the association takes on. The ordinance traces to Ord. No. 30A-27 (1999) and was last amended by Ord. No. 30A-42 in 2013.

Violations & Fines

There's no separate misdemeanor for a bad assessment clause; the teeth are procedural. The agent and county attorney simply will not approve the final plat, and no lot in the subdivision may be recorded, sold or occupied, until acceptable HOA documents are on file. A developer who sells lots before recordation risks the plat approval itself, since Sec. 19-70 makes the executed documents a precondition to recording, not an afterthought.

Frequently Asked Questions

Does James City County set HOA dues or a fee cap?
No. The county does not regulate how much an association can charge; Sec. 19-70(d) only requires the recorded HOA documents to state the method used to assess owners for their share of common-property costs. The actual dollar amount is set by the association's board under its own governing documents, not by county ordinance.
When does an HOA have to exist before lots can sell?
Whenever a major subdivision includes area used in common for recreation, conservation or other shared purposes, Sec. 19-70 blocks approval, recordation, sale or use of any lot until HOA documents meeting the county attorney's form are executed and, among other things, spell out the assessment method.
Does this rule cover minor subdivisions too?
Sec. 19-70 is written for major subdivisions with common area. Minor subdivisions that share a driveway instead fall under Sec. 19-73(d), which requires nearly identical care-and-maintenance and assessment-method documents before the plat can be recorded.

Sources & Official References

Other rules in James City County

All James City County rules

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