Delaware Uniform Common Interest Owners Act

Started by JamesM14 • 6 replies • 1891 views

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JamesM14 (Delaware)
Posts: 17

Posted:

Has anyone from Delaware read and disgested the Delaware Uniform Common Interest Owners Act (DUCIOA) which takes effect July 1, 2009?
If so, are you planning to incorporate any of it in your governing documents?
Have you discussed it with an attorney?

MaryA1 (Arizona)
Posts: 7,043

Posted:

James,

IMO, you don't need to amend your docs to conform to state law. Just know that state law prevails, unless stated otherwise in the statute. Some states enact new HOA laws about every year (AZ for one!). If HOAs had to amend their docs to conform can you imagine the hassle to get the required number of members to vote each year???

JamesM14 (Delaware)
Posts: 17

Posted:

The law states two things:

(1)specific sections are applicable to existing common interest communities.

(2)these sections apply only with respect to events and circumstances occurring after the effective date and does not invalidate existing provisions of the declaration, bylaws, code of regulations or plats or plans.

It doesn't define what is meant by "events and circumstances" and circumstances.

My concern is that we may do something in the future like amending the bylaws which would trigger the need to comply with the new law.

MaryA1 (Arizona)
Posts: 7,043

Posted:

James,

I interpret that to mean that the provisions of the UCIOA are effective from the effective date stated and any actions taken by the board before that effective date, that were IAW the HOAs gov. docs but may not be IAW the UCIOA, are valid. From the effective date of the UCIOA and forward, the HOA must comply with the UCIOA. Any future amendments to the bylaws or the CCRs must be in compliance with the UCIOA.

AdrienneP (Washington)
Posts: 28

Posted:

I hope you'll all forgive me digging up this very ancient thread, but it is of relevance to me now!

I'm not an attorney, but I'm trying to understand this language--"does not invalidate existing provisions of the declaration, bylaws, code of regulations or plats or plans"--in the context of the applicability of laws modeled on UCIOA to preexisting communities.

If the law does not invalidate existing provisions of the declaration etc., doesn't that mean that where said sections of the new law and those existing provisions conflict, the existing provisions will continue to prevail? In other words, UCIOA laws do NOT prevail over the (e.g.) bylaws of existing communities?

And that, therefore, these sections of the new law will only apply to communities created after the date of enactment (or to pre-existing communities without existing provisions in these areas)?

I really appreciate any insight you can give me, thank you so much.

JeffT2 (Iowa)
Posts: 880

Posted:

Quote:

Posted By AdrienneP on 01/25/2020 7:55 PM
I hope you'll all forgive me digging up this very ancient thread, but it is of relevance to me now!

I'm not an attorney, but I'm trying to understand this language--"does not invalidate existing provisions of the declaration, bylaws, code of regulations or plats or plans"--in the context of the applicability of laws modeled on UCIOA to preexisting communities.

If the law does not invalidate existing provisions of the declaration etc., doesn't that mean that where said sections of the new law and those existing provisions conflict, the existing provisions will continue to prevail? In other words, UCIOA laws do NOT prevail over the (e.g.) bylaws of existing communities?

And that, therefore, these sections of the new law will only apply to communities created after the date of enactment (or to pre-existing communities without existing provisions in these areas)?

I really appreciate any insight you can give me, thank you so much.

I suggest you start a new thread for your question, and let us know if you are in Washington or Maryland, existed before July 1, 2018, and what type of community (HOA under existing law or what).

EllieD (Vermont)
Posts: 446

Posted:

AdrienneP,

Your post caught my eye, as the Vermont State Statute is also UCIOA based. But as Jeff pointed out, it is best to start a new thread, as it seems you are asking about “words” in the Washington’s State Statues, not in the Delaware State Statutes.

Where in the WUCIOA Statute, RCW64.90, do the words you are trying to understand appear? I thought I found some of the words in the 2018 version, possibly in Section 326, but as I write I cannot find them again.

Looking in the 2019 revised RCW64 Statute, I could not find a Section 326. It appears, by 2019 revision, Section 326 was deleted, and merged into Section 525.

Searching the 2019 revision, I could not find the sentences, phrases you are asking about.

As suggested, if you start a new thread and post where the words appear, and provide other information, such as the month and year your Association was established, and whether Condo or HOA, then others, hopefully, will reply to your inquiry.

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