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New Castle County, DE HOA Rules: Board Governance (2026)

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

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

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.

View official code

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?
Only if the plan includes private open space or common facilities. Plans with only public open space, or where the County and Office of Law agree none is needed, are exempt under Sec. 40.27.120.
What legal form must a New Castle County HOA take?
A condominium under Delaware's Unit Property Act or DUCIOA, a County-approved third-party conservancy, or a non-stock corporation formed under 8 Del. C. Ch. 1: the most common route.
Does this cover HOAs in Wilmington or Newark?
No. Wilmington and Newark are incorporated cities with their own zoning and subdivision codes; the County's Unified Development Code governs unincorporated territory only.

Sources & Official References

Other rules in New Castle County

All New Castle County rules

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