Spotsylvania County, VA HOA Rules: Board Governance (2026)

Sec. 1 sets the baseline: common areas a subdivider or developer provides must be either dedicated to the county or conveyed to a homeowners' association formed under Sec. 2, and private streets must go to that association rather than being dedicated to the county. Sec. 2(a) requires that association to be organized as a Virginia nonstock corporation, created whenever necessary to accept dedication and maintenance of improvements, common areas, common open space or private streets, and made subject to restrictive covenants and easements that the county's subdivision agent approves and records with the final plat.

Those covenants must establish the association before any lots in the subdivision are sold, and must make membership mandatory for each home buyer and every successive buyer, or, for non-residential land, for each owner or tenant and their successors. Sec. 2(b) then locks in the association's ongoing governance role over open space: the covenants must ensure continued maintenance of any required open space and active recreational areas and must prohibit future development of those areas except in accordance with the plat the county already approved. For non-residential subdivisions only, Sec. 2(c) lets the developer substitute other maintenance agreements, covenants or declarations in place of forming an association.