Nassau County, FL HOA Rules: Board Governance (2026)
Key Facts
- Applies to
- every county-approved subdivision
- HOA must maintain
- roads, easements, stormwater, streetlights
- Must be recorded
- bylaws, covenants, certificate of incorporation
- Timing
- before building permit issuance
- Exception
- no shared infrastructure = no HOA
- Current ordinance
- Ord. No. 2025-014, 7-28-25
Summary
Every subdivision the county approves, including rural subdivisions, must have a property or homeowners association responsible for maintaining roads, easements, amenities, landscape tracts, stormwater facilities and streetlights. The association's bylaws, covenants and certificate of incorporation must be recorded before the county issues a building permit.
(a)Homeowners associations pertaining to subdivision regulations. Each subdivision, including rural subdivisions, shall have a property/homeowners association that is responsible for the maintenance of roads, easements, amenities, required landscape tracts, stormwater facilities, and streetlights. The appropriate documentation shall be provided that sets forth the by-laws and covenants of the property/homeowners association and the certificate of incorporation and shall be recorded in the public records of the county prior to the issuance of a building permit. Notwithstanding, if there are no roads, amenities, easements, fire suppression systems or other similar elements that require maintenance by a shared entity, no homeowners association is required.
Full Breakdown
Nassau County Code § 29-48, part of the county's subdivision regulations in Chapter 29, requires every subdivision, including rural subdivisions, to have a property or homeowners association responsible for maintaining roads, easements, amenities, required landscape tracts, stormwater facilities and streetlights that serve the development. Before the county issues a building permit for the subdivision, the developer must record the association's bylaws, covenants and certificate of incorporation in the county's public records, giving the county and future lot owners a filed legal record of who is responsible for shared infrastructure.
The section carves out one exception: if a subdivision has no roads, amenities, easements, fire suppression systems, or other shared elements that need maintenance by a common entity, no homeowners association is required at all. This sits within Article III of Chapter 29 alongside § 29-46's neighborhood- and regional-park dedication requirements, which can obligate a new development's homeowners association, property owners association, or community development district to build and maintain private neighborhood parks under a fee-in-lieu or dedication scheme tied to the county's comprehensive plan, and § 29-47's rules for vacating recorded plats, easements and rights-of-way, which require mailed notice to property owners within three hundred feet. The requirement was carried into the current code by Ord. No. 2017-05 and most recently amended by Ord. No. 2025-014.
Violations & Fines
Section 29-48 does not carry its own fine; it operates as a building-permit precondition instead. The county will not issue a building permit for a subdivision lot until the association's bylaws, covenants and certificate of incorporation are recorded, so a development that skips forming a required homeowners association cannot proceed to permitting under this section.
Frequently Asked Questions
Does every new subdivision in Nassau County need an HOA?
What does the HOA have to maintain?
When do the HOA documents have to be recorded?
Sources & Official References
Other rules in Nassau County
Florida rules heatmap·Compare Nassau County to another location·View the Florida hoa rules overview
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