Hampton, VA HOA Rules: Board Governance (2026)
Key Facts
- Must state
- How HOA is governed/administered
- Approved by
- City attorney, pre-recording
- Membership
- Mandatory, per § 35-12(A)
- Recorded with
- Hampton Circuit Court clerk
Summary
Hampton, Virginia won't approve a subdivision plat or issue building permits until the recorded HOA documents state how the association will be governed and administered, plus its mandatory-membership terms.
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)
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 requires that whenever a subdivision, including mixed-use, sets aside common recreation, conservation, or maintained property, no lot may be approved, recorded, sold, or used, and no building permit may issue, until city attorney-approved association documents are executed and recorded with the Clerk of the Hampton Circuit Court. Those documents must state the nature of the permanent organization and its mandatory-membership requirement, and specifically "how it shall be governed and administered." Hampton requires the governance structure be committed to writing and recorded before development proceeds; it doesn't itself prescribe bylaws, officer structure, or voting rules.
Violations & Fines
Selling, recording, or using lots, or the city issuing a building permit, before the governance-and-administration provisions are recorded and city attorney-approved violates § 35-12; the subdivision agent withholds approval until it's corrected.
Frequently Asked Questions
Does Hampton, Virginia dictate HOA bylaws or voting rules?
When is the governance provision required in Hampton?
Sources & Official References
Other rules in Hampton
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