Delaware Uniform Common Interest Ownership Act

Delaware · Property · §§ 25-81-101 to 25-81-421 · 100 sections

Overview

The act provides a common legal framework for real estate developments in which owners hold an individual unit together with a shared interest in property and facilities used by everyone — condominiums, cooperatives, and planned communities alike — defining the common elements, the interests allocated to each unit, and each owner's liability for common expenses. It centers governance on a declaration and related governing documents that create the community, and on a unit-owners' association acting through an executive board, while reserving certain developmental rights to the declarant who creates and builds out the community. It also reaches the sale of units by declarants and dealers, and establishes an administrative layer for oversight of community management, including regulation of community managers and a process for filing and hearing complaints.

Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.

Sections covered

Del. Code tit. 25, §§ 81-101Short title
Del. Code tit. 25, §§ 81-102Applicability
Del. Code tit. 25, §§ 81-103Definitions
Del. Code tit. 25, §§ 81-104Variation by agreement
Del. Code tit. 25, §§ 81-105Separate titles and taxation
Del. Code tit. 25, §§ 81-106Applicability of local ordinances, regulations, and building codes
Del. Code tit. 25, §§ 81-107Eminent domain
Del. Code tit. 25, §§ 81-108Supplemental general principles of law applicable
Del. Code tit. 25, §§ 81-109Construction against implicit repeal
Del. Code tit. 25, §§ 81-110Uniformity of application and construction
Del. Code tit. 25, §§ 81-111Severability
Del. Code tit. 25, §§ 81-112Unconscionable agreement or term of contract
Del. Code tit. 25, §§ 81-113Obligation of good faith
Del. Code tit. 25, §§ 81-114Remedies to be liberally administered
Del. Code tit. 25, §§ 81-115Relation to Electronic Signatures in Global and National Commerce Act
Del. Code tit. 25, §§ 81-116Applicability to new common interest communities; effective date
Del. Code tit. 25, §§ 81-117Exception for small condominiums and cooperatives
Del. Code tit. 25, §§ 81-118Exception for small and limited expense liability planned communities
Del. Code tit. 25, §§ 81-119Applicability to preexisting common interest communities and approved common interest communities
Del. Code tit. 25, §§ 81-120Exception for small preexisting cooperatives and planned communities
Del. Code tit. 25, §§ 81-121Amendments to governing instruments
Del. Code tit. 25, §§ 81-122Applicability to nonresidential and mixed-use common interest communities
Del. Code tit. 25, §§ 81-123Applicability to out-of-state common interest communities
Del. Code tit. 25, §§ 81-124Applicability to continuing care common interest communities
Del. Code tit. 25, §§ 81-125Additional exceptions for preexisting common interest communities or approved common interest communities
Del. Code tit. 25, §§ 81-126Transition period for existing contracts prior to effective date
Del. Code tit. 25, §§ 81-127Notice
Del. Code tit. 25, §§ 81-201Creation of common interest communities
Del. Code tit. 25, §§ 81-202Unit boundaries
Del. Code tit. 25, §§ 81-203Construction and validity of declaration and bylaws
Del. Code tit. 25, §§ 81-204Description of units
Del. Code tit. 25, §§ 81-205Contents of declaration
Del. Code tit. 25, §§ 81-206Leasehold common interest communities
Del. Code tit. 25, §§ 81-207Allocation of allocated interests
Del. Code tit. 25, §§ 81-208Limited common elements
Del. Code tit. 25, §§ 81-209Plats and plans
Del. Code tit. 25, §§ 81-210Exercise of development rights
Del. Code tit. 25, §§ 81-211Alterations of units
Del. Code tit. 25, §§ 81-212Relocation of unit boundaries
Del. Code tit. 25, §§ 81-213Subdivision of units
Del. Code tit. 25, §§ 81-214Variations in boundaries
Del. Code tit. 25, §§ 81-215Use for sales purposes
Del. Code tit. 25, §§ 81-216Easement rights
Del. Code tit. 25, §§ 81-217Amendment of declaration
Del. Code tit. 25, §§ 81-218Termination of common interest community
Del. Code tit. 25, §§ 81-219Rights of secured lenders
Del. Code tit. 25, §§ 81-220Master associations
Del. Code tit. 25, §§ 81-221Merger or consolidation of common interest communities
Del. Code tit. 25, §§ 81-222Addition of unspecified real estate
Del. Code tit. 25, §§ 81-223Master planned communities
Del. Code tit. 25, §§ 81-224Other exempt real estate arrangements
Del. Code tit. 25, §§ 81-225Termination following catastrophe
Del. Code tit. 25, §§ 81-301Organization of unit owners’ association
Del. Code tit. 25, §§ 81-302Powers of unit owners’ association
Del. Code tit. 25, §§ 81-303Executive board members and officers
Del. Code tit. 25, §§ 81-304Transfer of special declarant rights
Del. Code tit. 25, §§ 81-305Termination of contracts and leases of declarant
Del. Code tit. 25, §§ 81-306Bylaws
Del. Code tit. 25, §§ 81-307Upkeep of common interest community
Del. Code tit. 25, §§ 81-308Unit owner meetings
Del. Code tit. 25, § 81-308AExecutive board meeting
Del. Code tit. 25, §§ 81-309Quorums
Del. Code tit. 25, §§ 81-310Voting; proxies
Del. Code tit. 25, §§ 81-311Tort and contract liability; tolling of limitation period
Del. Code tit. 25, §§ 81-312Conveyance or encumbrance of common elements
Del. Code tit. 25, §§ 81-313Insurance
Del. Code tit. 25, §§ 81-314Surplus funds
Del. Code tit. 25, §§ 81-315Assessments for common expenses
Del. Code tit. 25, §§ 81-316Lien for assessments
Del. Code tit. 25, §§ 81-317Other liens
Del. Code tit. 25, §§ 81-318Association records
Del. Code tit. 25, §§ 81-319Association as trustee
Del. Code tit. 25, §§ 81-320Rules
Del. Code tit. 25, §§ 81-321Litigation involving declarant
Del. Code tit. 25, §§ 81-322[Reserved.]
Del. Code tit. 25, §§ 81-323Removal of members of executive board
Del. Code tit. 25, §§ 81-324Adoption of budget
Del. Code tit. 25, §§ 81-325Service on associations and executive board
Del. Code tit. 25, §§ 81-326Delaware corporations
Del. Code tit. 25, §§ 81-401Applicability; waiver
Del. Code tit. 25, §§ 81-402Liability for public offering statement requirements
Del. Code tit. 25, §§ 81-403Public offering statement; general provisions
Del. Code tit. 25, §§ 81-404Common interest communities subject to development right
Del. Code tit. 25, §§ 81-405Time shares
Del. Code tit. 25, §§ 81-406Common interest communities containing conversion buildings
Del. Code tit. 25, §§ 81-407Common interest community securities
Del. Code tit. 25, §§ 81-408Purchaser’s right to cancel
Del. Code tit. 25, §§ 81-409Resales of units
Del. Code tit. 25, §§ 81-410Escrow of deposits
Del. Code tit. 25, §§ 81-411Release of liens
Del. Code tit. 25, §§ 81-412Conversion buildings
Del. Code tit. 25, §§ 81-413Express warranties of quality
Del. Code tit. 25, §§ 81-414Implied warranties of quality
Del. Code tit. 25, §§ 81-415Exclusion or modification of implied warranties of quality
Del. Code tit. 25, §§ 81-416Statute of limitations for warranties
Del. Code tit. 25, §§ 81-417Effect of violations on rights of action; attorneys’ fees
Del. Code tit. 25, §§ 81-418Labeling of promotional material
Del. Code tit. 25, §§ 81-419Declarant’s obligation to complete and restore
Del. Code tit. 25, §§ 81-420Substantial completion of units
Del. Code tit. 25, §§ 81-421Amendment to public offering statement

Enacted in other states

Alaska, Nevada, West Virginia

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