Delaware Codes

Started by JohnH2 • 5 replies • 2412 views

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JohnH2 (Delaware)
Posts: 1

Posted:

I have recently been elected to the board of a relatively new HOA in Kent County, Delaware. We are going through the process of modifying by-laws and the like. The President of the HOA prefers to hold "closed door meetings", without inviting any sample of homeowners; he also refuses to post information such as budget approval/disapproval details, election details. My protests have fallen on deaf ears - my philosophy is to give the homeowners all of the information, and get them involved in committees, etc. I am trying to find the Codes or State Regulations that govern HOA in Delaware. I have found a document on the web addressing HOA type of information and am wondering if this is the bottom line that we should base our HOA procedures on. This is Title 25, Part II, Chapter 22. UNIT PROPERTIES. The chapter states that this is also know as the "Unit Property Act". Is this the bible for Delaware HOAs?

LoriR1 (Delaware)
Posts: 5

Posted:

Hello John! I'm a New Castle County HOA Member in search of the very same thing! I need the State required "laws" for HOA's and ARC's in Delaware. I feel our board is doing shady business without informing all board members. It's like a monopoly over here! If you find something, kindly let me know either on this forum or directly at [email protected] and I will do the same. Good Luck!

JosephW (Michigan)
Posts: 882

Posted:

The Unit Owners Act is designed for condominiums, not necessarily HOA's. Many states do not have acts governing homeowner or property owner associations. Unless your documents specifically reference this act, then you are probably not under it. It will say something like "The _____ Association was formed under the provisions of Title 25, Chapter 22 (Unit Property Act)"

Without this , the language of the CC&R's (documents) are probably the final word (with some reference to the Corporation Acts.

Joe

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JonD1
Posts: 2,350

Posted:

John

I have to agree with the closed meeting policy.

Unless you wish to spend hours at each meeting you had better act to restrict those permitted to attend.

We use an appointment requirement with the Board in the event an owner wishes to address the board they must seek and recieve permission to attend the monthly meeting.

Also we do not routinely supply documents and information detailing financial decisions and discussions to the unit owners.

The Board has been granted the authority to handle these matters and in some cases supplying details and information cannot serve the property well.

We have 9 Board members and in some cases it is difficult enough to move forward with ideas and projects, to permit every owner to now involve themselves in this process might be problematic.

If an owner wishes to get involved let them run for the Board and involve themselves in those matters they wish to play a role in.

GlenL (Ohio)
Posts: 5,491

Posted:

Posted By JonD1 on 02/06/2007 3:32 PM

John

I have to agree with the closed meeting policy.

Unless you wish to spend hours at each meeting you had better act to restrict those permitted to attend.

We use an appointment requirement with the Board in the event an owner wishes to address the board they must seek and recieve permission to attend the monthly meeting.

Also we do not routinely supply documents and information detailing financial decisions and discussions to the unit owners.

The Board has been granted the authority to handle these matters and in some cases supplying details and information cannot serve the property well.

We have 9 Board members and in some cases it is difficult enough to move forward with ideas and projects, to permit every owner to now involve themselves in this process might be problematic.

If an owner wishes to get involved let them run for the Board and involve themselves in those matters they wish to play a role in.

JonD1, I agree with you, it is much easier to get things done without those pesky homeowners pestering you to account for how you're spending THEIR money. How dare they! Don't they know you have their best interests at heart?

Besides being bad, these practices may be illegal, check local listings. Read through the postings here and almost every BAD BOD has practices such as you describe. While I have no doubt you and the rest of your BOD mean well, what happens when you are off the BOD? Are you going to be willing to blindly allow other people to decide things, the way you expect homeowners to do? What happens when the new Board comes to you with no explanation and says we need a $10,000.00 special assessment and gives you 30-90 days to pony up the cash? Do they at least have to ask pretty please? Or do you just pay up without question?

Studies show that 5 out of 4 people have problems with fractions

RobertG1 (Delaware)
Posts: 11

Posted:

John D. Being a BOD member is really great if it were not for those stupid home owners.

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