New Castle County, DE HOA Rules: Board Governance (2026)
Key Facts
- Required entity
- Non-stock corporation, condo, or conservancy
- Governing statute
- 8 Del. C. Ch. 1, General Corporation Law
- County review
- Bylaws approved by Dept. of Land Use, Office of Law
- Scope
- Unincorporated New Castle County only
- Forms
- Must match UDC Appendix model forms
Summary
New Castle County requires subdivision developers to form a maintenance organization, a condominium, third-party conservancy, or non-stock corporation, before recording any plan, with its bylaws and declaration reviewed and approved by the County.
C. Maintenance corporation. Unless Subsections A. or B. applies, the developer shall form a non-stock corporation pursuant to the provisions of 8 Del. C. Ch. 1 (General Corporation Law). 1. Prior to plan recordation, the developer shall submit to the Department and the Office of Law, for their review and approval, the maintenance declaration, certificate of incorporation, and bylaws as required by this Article. These forms shall conform to the model forms contained in the Appendix to this Chapter.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 5).
Full Breakdown
Under UDC Article 27, any developer selling lots in a New Castle County subdivision with private open space or common facilities must set up a maintenance organization to own and run them. Absent a qualifying condominium or County-approved conservancy, that organization must be a non-stock corporation formed under Delaware's General Corporation Law, 8 Del. C. Ch. 1. Before the plan can be recorded, the developer must submit the maintenance declaration, certificate of incorporation, and bylaws to the Department of Land Use and the Office of Law for review and approval, using the model forms in the UDC Appendix. This governs unincorporated New Castle County; Wilmington and Newark run their own zoning and subdivision codes and are not covered here.
Violations & Fines
Recordation is withheld until the Department and Office of Law approve the maintenance declaration, certificate of incorporation, and bylaws; a plan that skips this step cannot be recorded, and building permits are tied to compliance with the resulting maintenance-organization obligations.
Frequently Asked Questions
Does every New Castle County subdivision need an HOA?
What legal form must a New Castle County HOA take?
Does this cover HOAs in Wilmington or Newark?
Sources & Official References
Other rules in New Castle County
Compare New Castle County to another location·View the Delaware hoa rules overview
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