HOA laws in Delaware

Started by LyndaF • 9 replies • 7375 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

LyndaF (Delaware)
Posts: 6

Posted:

Recently moved to Delaware. Living in a single home development and which has a HOA. HOA is still under builders control. Just looking to see if there is any laws in De about HOA. Anything information would help. Who to contact in the state or where to look for rulings involving HOA.

JosephW (Michigan)
Posts: 882

Posted:

There is no HOA law in Delaware, only a Unit Owners (condo) law. You can find some information here:

http://www.communityassociations.net/delaware_main.html

Joe

Joseph West
Official HOATalk.com Sponsor
Community Associations Network, LLC
www.CommunityAssociations.net
*See legal notice below (end of page) or go to www.hoatalk.com/legal

LyndaF (Delaware)
Posts: 6

Posted:

Thanks for the response. I had already checked that site. I keep hitting a dead end and you are correct as to no laws. We have no rights as to pending HOA til we are able to get voting rights which seems to be a few years down the road. We have not received any financials from the builder, just sort of a budget(that makes no sense). Since this is a non profit, incorporated homeowners association is there any federal legislature we can turn to.
Lynda

AnneA1 (Delaware)
Posts: 9

Posted:

Lynda, here in DE your HOA falls under DE Title 8 as it is a corporation. Title 8 spells most everything out (as long as you are a corp.). Good luck!!
Anne

LyndaF (Delaware)
Posts: 6

Posted:

Ann Thanks so much for the great info. Lynda

JasonI (Delaware)
Posts: 1

Posted:

LyndaF I am in same situation in DE, any findings?

AlfredC1 (Delaware)
Posts: 2

Posted:

The best info I found is the site noted below. I'm just under a year in
DE, in a single home community, and some of the owners are having a meeting tomorrow.

http://delcode.delaware.gov/title25/c081/sc03/index.shtml

AlfredC1 (Delaware)
Posts: 2

Posted:

I found a more pertinent regulation under Title 25 (http://delcode.delaware.gov/title25/c081/sc03/index.shtml)

TimB4 (Tennessee)
Posts: 21,059

Posted:

Alfred,

Welcome to the forum. This thread was started in April of 2008. Your posting of a link to the Delaware Uniform Common Interest Ownership Act which was approved in October of 2008 and became law in 2009 is a good example of how what may have been good advice at the time the thread was started can be bad advice later (in this case 6 months vs. the 6 years between the last posting and yours).

Because laws change, most posters simply do not restart old threads as it can become confusing for those researching an issue.

ChrisA13 (New Jersey)
Posts: 120

Posted:

Quote:

Posted By LyndaF on 04/25/2008 8:06 AM
Recently moved to Delaware. Living in a single home development and which has a HOA. HOA is still under builders control. Just looking to see if there is any laws in De about HOA. Anything information would help. Who to contact in the state or where to look for rulings involving HOA.

There was a huge legal case in DE involving a matter of a developer seizing control over an association. The owners filed suit and the judge gave power back to the association owners from the developers who rewrote the laws to keep control when they had no right to it.

Side note, a few months later -- the developer went under and now he and his wife are indicted on federal charges. Yep, federal charges!

Look into. It was a Chancery Case. You have got protections. You need to look into but you have got protections. This was a pretty good judge that oversaw this case... giving control back to the owners!

https://www.casetext.com/case/friends-of-village-of-cinderberry-v-village-of-cinderberry-property-owners-association-civil-action-no-5178-cc-del-ch-552010/#.UwEnvvldWuI

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here