Delaware HOA not formed prior to sale of first property

I want to buy a property in Sussex County Delaware. A review of the deed indicates an HOA is required. However an HOA was not formed in 2007 by the developer prior to the sale of the first property. To date (September 2020) no HOA exists and the original developer has failed and the business has been closed. How do I remove the HOA requirement with the deed.

Thank you for your time.

Jeff

To clarify and hopefully reinforce what TimB4 posted:

-- The covenants create the HOA.

-- The covenants "run with the land" not the deed.

-- The covenants should be recorded at your county clerk's and so should be available on request or for a small copying charge.

-- The covenants should have a section pertaining to how to amend the covenants. Read this section and report back.

What you quoted is from the Delaware Uniform Common Interest Owner Act. The latter is a Delaware statute (not a "reg"). You can get an idea of what might apply to this home by reading here:

https://law.justia.com/codes/delaware/2019/title-25/chapter-81/

I am looking at different parts of this statute. Because of the dates involved, it's not clear to me that the statute even applies to this home you are considering. if this statute does apply, consider this section on termination (80% vote required):
https://law.justia.com/codes/delaware/2019/title-25/chapter-81/subchapter-ii/section-81-218/

But your question is quite complicated. Beyond helping you a tiny bit to prepare for meeting with an attorney, I doubt folks here will be able to help.

i understand that an 80% vote is needed to make changes. as far as i know there are no association members to hold a vote

thank you. there is a section in the declaration of condominium that addresses changes. these changes are voted on by members. i dont recall if it is 80%.
the point i was trying to make is there are no association members to hold a vote

Place the Victory Flamingos in the front yard. This guy fought the HOA and won.

https://independentamericancommunities.com/2020/04/13/payback-after-6-year-legal-battle-judge-orders-nonexistent-hoa-to-pay-homeowner-188k-in-legal-fees/

How does a condo association work WITHOUT an association?

Who collects funds for common elements - assuming there are common elements?

thank you. phase 1 is complete and includes 4 town houses and 1 single family home with associated boat slips. phase 2 calls for construction of one new single family home and 4 additional town houses. for the past 13 years owners of the 4 town houses have maintained their own properties. the condo declaration states the % of common property to be allocated to each existing owner.

Let's get down to the nitty-gritty: Every Declaration I have seen requires that the association provide liability insurance for common areas, covering roofs, boat slips and all manner of infrastructure. The Declaration statute, if it applies, requires such insurance, no ifs, ands or buts. It sounds like this insurance does not exist. When some event occurs resulting in some kind of harm to property or a person, the litigation will last for years, likely starting with an argument that the owners were required to form an association. I think whether the law actually requires this will be just one of many arguments that sits in the court for a few years.

I wonder if these properties may even be lawfully sold without a full disclosure of the association's status. The Delaware statute speaks extensively to requirements prior to sale.

You might want to talk to a real estate agent for free about this property you are considering and get his or her thoughts.

thank you for your comments. i will try and do some research and get back to you

Contact the HOA itself and pose every one of your inquiries through email, find solutions recorded as a hard copy. To hear that you are all set (IMO)

I live in an exceptionally pleasant upscale neighborhood with a brutally severe HOA and never disapproved of any updates on my home. They are there more to tell you to not put your trash out ahead of time, or cut your grass, or blah blah blah.

They love me cause I purchased the bad house on the square and set it up haha. A Delaware entity search process is just a brainstorming type process to decide the business name.