Delaware HOA & Condo Laws
How HOAs and condominium associations charge, collect, and enforce regular and special assessments. Covers dues billing, delinquency notices, late fees, lien filing, judicial and non-judicial foreclosure, statute of limitations, and …
DUCIOA — Lien for Assessments →
Creates an assessment lien with 6-month super-priority over first mortgages. Interest rate capped at the lesser of 18 percent per annum or the highest rate …
Statutory requirements for reserve studies, reserve funding, component inventory, funding plans, and board fiduciary duty regarding major repair and replacement obligations.
DUCIOA — Reserves for Capital Expenditures and Major Maintenance →
Mandates reserve studies for condominiums and cooperatives (not explicitly for planned communities). A reserve study must be current (performed or updated within the last 5 …
Board and owner meeting requirements — open meeting mandates, advance notice periods, agenda requirements, minimum owner comment periods, executive session limits, remote participation, and materials access rules.
DUCIOA — Meetings →
Requires at least one unit owner meeting per year. Notice must be given not fewer than 10 nor more than 60 days in advance. Special …
Director elections, board member removal votes, governing document amendments, secret ballot requirements, quorum rules, proxy voting, electronic voting, and inspector of election requirements.
DUCIOA — Meetings →
Requires at least one unit owner meeting per year. Notice must be given not fewer than 10 nor more than 60 days in advance. Special …
Association authority to enforce governing documents through fines, suspension of privileges, and legal action. Covers fine limits, hearing requirements, notice-and-opportunity procedures, and limitations on enforcement authority.
DUCIOA — Lien for Assessments →
Creates an assessment lien with 6-month super-priority over first mortgages. Interest rate capped at the lesser of 18 percent per annum or the highest rate …
Resale certificate and transfer disclosure requirements at the time of unit sale. Covers disclosure timing, content, fee caps, delivery deadlines, buyer rescission rights, and association liability for inaccurate information.
DUCIOA — Resale of Units →
Requires delivery of a resale certificate within 10 days of a unit owner's request. Fee capped at $200 per certificate plus $50 for paper copy. …
Board member fiduciary obligations — duty of care, duty of loyalty, business judgment rule, conflict of interest disclosure, and personal liability exposure. Statutory duties imposed on directors and officers of …
DUCIOA — Executive Board Members and Officers →
Board members must exercise the degree of care and loyalty required of an officer or director of a Delaware corporation. Declarant control terminates at the …
The foundational documents governing common interest communities — declarations (CC&Rs), bylaws, articles of incorporation, rules and regulations, architectural guidelines, and resolutions. Document hierarchy, amendment procedures, and recording requirements.
Delaware Unit Properties Act (Pre-DUCIOA) →
The original Delaware condominium statute (8 subchapters), governing condominiums created before September 30, 2009. Still in force for pre-DUCIOA communities unless they voluntarily elect DUCIOA …
Delaware Uniform Common Interest Ownership Act — Applicability →
Establishes the applicability of the Delaware Uniform Common Interest Ownership Act (DUCIOA) to all common interest communities created after September 30, 2009. Pre-existing communities are …
Assessment lien filing, priority, extinguishment, and foreclosure procedures. Minimum thresholds for foreclosure, pre-foreclosure notice requirements, mediation mandates, super-priority provisions, and the interaction between HOA liens and mortgage liens.
DUCIOA — Lien for Assessments →
Creates an assessment lien with 6-month super-priority over first mortgages. Interest rate capped at the lesser of 18 percent per annum or the highest rate …
The handoff from developer control to owner-controlled governance. Turnover requirements, document delivery obligations, transition audits, warranty periods, and developer liability for construction defects revealed after transition.
DUCIOA — Executive Board Members and Officers →
Board members must exercise the degree of care and loyalty required of an officer or director of a Delaware corporation. Declarant control terminates at the …
- Delaware community directory 18 associations
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