HOA LAWS & REGULATIONS

  • Federal Laws - In addition to state law regulations, the federal government has laws governing the operation and management of common interest communities, condominiums, cooperatives, and residential properties in Delaware.

  • Delaware Unit Property Act, codified in Chapter 22 of Title 25 of the Delaware Code, governs the formation, management, powers, and operation of communities formed before September 30, 2009, that opt-in to the Act by recording a declaration under the Act. However, certain communities may also be subject to the Delaware Uniform Common Interest Community Act.

  • Delaware Uniform Common Interest Ownership Act ("DUCIOA"), codified in Chapter 81 of Title 25 of the Delaware Code, governs all common interest communities (planned communities, condominiums, cooperatives, and subdivisions) created after September 30, 2009, unless otherwise exempted. See 25 Del. C. § 81-116. However, certain common interest communities created before September 30, 2009, are subject to applicable sections of this chapter only concerning events and circumstances occurring after September 30, 2009. See 25 Del. C. § 81-119.

  • Delaware Uniform unincorporated Nonprofit Association Act, Title 6, Chapter 19. The statute governs nonprofits with regard to corporate structure and procedure. If an association is organized as a nonprofit, as with most Delaware associations, it will be governed by the Nonprofit Association Act. To check the corporate status of an association, please visit the Delaware Division of Corporations.

  • Delaware Fair Housing Act codified in chapter 46 of Title 6 of the Delaware Code, protects people from discrimination because of race, color, national origin, religion, creed, sex, marital status, familial status, source of income, age, sexual orientation, gender identity or disability. The Act provides state-level protections similar to the federal Fair Housing Act (FHA) and affects all housing providers, including common interest communities in Delaware. The Delaware Division of Human Relations administers the law. Victims of housing discrimination can file a complaint with this agency.

  • Delaware Equal Accommodations Law codified in Chapter 45, Title 6 of the Delaware Code. The law prohibits direct and indirect discrimination in places of public accommodations based on race, age, marital status, creed, color, sex, disability, sexual orientation, gender identity, or national origin and contains provisions similar to the Americans with Disabilities Act (42 U.S.C. S 12101 et seq.). The law impacts the operations of homeowners associations with common elements open to the general public. Visit the Delaware Division of Human Relations or the United States Department of Justice Civil Rights Division for more information or to file a discrimination complaint.

  • Delaware Display of Flags, 25 Del. Code Ann., § 316 provides similar protections to the federal Freedom to Display the American Flag Act of 2005. It forbids restrictions that prohibit or limit the display of the American flag, provided such flag’s measurement does not exceed 3 feet by 5 feet, and such flagpole installed by the owner does not exceed 25 feet in height and conforms to all setback requirements.

  • Restriction on fee collection for community amenities by community developers and homeowner associations, 25 Del. Code Ann., § 317. The law forbids fees for an amenity that is not yet completed and available for use by residents in community development. The Delaware Attorney General has the authority to enforce a violation as a violation of consumer law. 

  • Required disclosure of financial obligations in chain of title for new home sales, 25 Del. Code Ann., § 317A. The law requires a seller of residential property to disclose all documents and a written summary of all financial obligations to the seller before the contract of sale of a new home is delivered, unless the seller has provided to the buyer either a public offering statement that includes the information required by § 81-403(a)(4) and (16), or a resale certificate form. 

SOLAR RIGHTS AND ENERGY - RENEWABLE RESOURCES

  • Restrictive Covenants, 25 Del. Code Ann., § 318. The statute provides that “Any covenant, restriction, or condition contained in a deed, contract or other legal instrument which affects the transfer, sale or any other interest in real property that effectively prohibits or unreasonably restricts the owner of the property from installing or using a roof mounted system for obtaining solar energy on that owner’s property is void and unenforceable.”

The law permits homeowners’ associations to impose reasonable restrictions that do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance, or that allow for an alternative system of comparable cost, efficiency, and energy conservation benefits.

  • Delaware Energy Act, 29 Del. Code Ann., § 8060, prohibits counties, municipalities, and homeowner associations from adopting any covenant, restriction, deed restriction, zoning restriction, or subdivision restriction which prohibits or restricts the owner of a property from using a system for obtaining wind energy for a residential single-family dwelling unit. The law allows certain restrictions outlined under section 8060(b). 

GOVERNMENT AGENCIES

HELP FOR HOMEOWNERS

  • Homeowners can visit the Delaware Department of Justice to obtain information and assistance with homeowners’ association, condominium, and cooperative matters.

Deputy Attorney General
Common Interest Community Ombudsperson
820 N. French Street
Wilmington, DE 19801
Tel: (302) 577-8600
Outside New Castle County: 800-220-5424
Fax: (302) 577-6499
Email: cic.ombudsmandoj@state.de.us
Website: /fraud/cpu/ombudsperson/

HOA INFORMATION AND DOCUMENTS

  • HOA Directory - Homeowners can enter the name of the community or subdivision to find the association’s contact information, list of board members, and corporation documents, such as the association’s articles of incorporation.

  • HOA Documents - The association’s Declaration of Covenants, Conditions, and Restrictions (CC&Rs), Amendments to CC&Rs, Bylaws, Lien Notices, HOA Notices, Plats, Maps, and other community documents can be found by visiting the county recorder’s office website in which the association is located. The association’s CC&Rs must be recorded with the county land records to be enforceable.

  • Find property information by login on to your county assessor site:

  • Delaware Map

  • Delaware Navigation Map

LEGAL RESOURCES

  • Delaware General Assembly - Search your state representative and the legislation (or, "statutory law") database.

  • Direct access to: Delaware Administrative Code

  • Delaware Courts - The website the public gives access to court information, documents, rules, legal opinions, court cases, self-help services, lawyer referral services, and more.

  • Delaware State Bar Association - The office gives the public access to a lawyer directory, lawyer referral service, free or low-cost legal services, and information to determine if a lawyer is in good standing, verify their malpractice insurance, or file a complaint.

  • Delaware Legal Aid is a nonprofit organization that offers free legal services and legal information to low-income people.

DISCOVER MORE

Educational HOA articles. Giving you facts, not opinions.
Homeowners' Association As Vacation Destination: Short-Term Rental Restrictions in HOAs

Even if a community has a valid reason to restrict short-term rentals, it still needs legal and/or contractual authority to support the restriction. Typically, the authority comes from an HOA's declaration, from state law, or a combination of the two. A declaration is a contract among property owners in a community. The owners jointly agree to accept certain obligations and restrictions on how properties in the community can be used. If everyone complies, the community as a whole will benefit—or at least that is the idea.

Enforcing Conformity: Home Improvement Projects And Architectural Review Boards In HOAs

The U.S. legal system generally views any land-use restrictions with suspicion. However, the law also recognizes that reasonable restrictions are sometimes justified if they benefit the community as a whole. With that in mind, courts throughout the country have consistently upheld the right of HOAs to impose architectural restrictions as long as the restriction serves a legitimate purpose, is within the association's power under state law and/or the community's declaration, and does not violate any other law or public policy.

Step-By-Step Guide To The HOA Assessment Collections Process

When you purchase a property in a community with a homeowners’ association, you’re also acquiring the obligation to pay regular assessments. Unfortunately, though, homeowners are sometimes financially unable to pay assessments. Homeowners faced with potential collections action must understand how the HOA collections process works and the legal rights and redress available for both homeowners and the association. This guide will help all community members, including the board, resolve conflict, and avoid escalation.

Preventing the Spread of COVID-19 Within HOA Communities

On March 11, 2020, the World Health Organization declared the outbreak of COVID-19 (the medical condition caused by the novel coronavirus SARS-CoV-2), a global pandemic. HOAs and condominium associations have an essential role to play in slowing the spread of COVID-19. By applying the Center for Disease Control and Prevention (“CDC”) recommendations in the planned community setting, HOA board members, owners, residents, visitors, and employees can help prevent illness in their communities and keep their loved ones, friends, and neighbors healthy and safe.

HOA Powers and Obligations In Emergency Situations

The fundamental purpose of a homeowners’ association is to benefit the community and its members. Usually, that means preserving the aesthetic beauty of the neighborhood by maintaining common areas and ensuring homeowners keep up their properties. Or, it might mean using pooled resources to make life easier for the entire community—through road and sidewalk repairs or snow removal, for instance. Most of the time, the overall goal is to increase property values and raise the living standard in the community. In an emergency, though, an HOA’s role can take on an entirely new dimension.

Weathering The Storm: Coronavirus And Its Financial Impact on Homeowners

One way or another, future historians will consider the Coronavirus Pandemic among the most noteworthy events of the early 21st Century. The full economic impact on homeowners and their families cannot yet be precisely predicted, but it is likely to be immense. Taking the necessary precautions to avoid exposure to the virus and preparing for the financial ramifications will require prudence, careful planning, and maybe even a little creative thinking. Homeowners can't completely avoid the fallout from Coronavirus, but there are a few measures that could hopefully soften the blow.