Delaware HOA laws

Delaware HOA and Condo Laws, in Plain English

Delaware has 2 statutes that govern community associations: Unit Property Act and DUCIOA. Here is what each covers, who it applies to, and the rules that come with a sale, with a link to the official text of every one.

A summary for boards and owners, not a substitute for the statute or your attorney. Every act links to its official text, and the association that acts on a rule is responsible for reading it.

The actsWhen a home sellsQuestions

HOA laws

Delaware

DE
Unit Property Act DUCIOA
Resale documentResale Certificate
Fee cap$200
Deadline10 days
Buyer may cancel5 days after receiving it

The Acts, and Who Each One Covers

Community type decides which act applies, and a community created before an act took effect may still be under the older one. The declaration says which.

25 Del. C. 22 (Unit Property Act)

Condominiums

The Unit Property Act is Delaware's older condominium statute, governing condominiums created before the Delaware Uniform Common Interest Ownership Act took effect in 2009. It sets the rules for creating a condominium declaration, unit and common element ownership, association administration, and assessments and liens against units. The act does not include a comprehensive resale disclosure certificate requirement, it only lets a purchaser request a statement of unpaid assessments before a sale, and any fee for that statement follows the association's governing documents rather than a statutory cap.

  • 25 Del. C. 2237 (Unpaid Assessments at Voluntary Sale)

    This section lets a purchaser of a condominium unit request a written statement from the association showing the unit's unpaid common expense assessments before a voluntary sale closes. The buyer's liability for assessments left unpaid by the seller is limited to the amount shown on that statement, and the statute leaves fees and timing to the association rather than setting a cap or deadline.

    Official text
Read 25 Del. C. 22 on the state's site

25 Del. C. 81 (DUCIOA)

CondominiumsHOAs and planned communitiesCooperatives

The Delaware Uniform Common Interest Ownership Act governs condominiums, cooperatives, and planned communities created on or after September 30, 2009, and extends selected provisions to older communities as well. It covers formation and governance of the association, declarations and bylaws, owner meetings and records, assessments and liens, and consumer protections for purchasers, including resale disclosure. Associations under this act must furnish both a resale certificate and a separate statement of unpaid assessments on request, each subject to a statutory fee cap and delivery deadline.

  • 25 Del. C. 81-409 (Resales of Units)

    This section requires the seller of a unit to give the buyer a resale certificate disclosing the association's governing documents, financial condition, and the unit's assessment and compliance history before the sale is final. The statute sets a fee cap for producing the certificate, a deadline for the association to deliver it, and a buyer right to cancel the purchase contract if it is not delivered on time.

    Official text

  • 25 Del. C. 81-316 (Lien for Assessments; Statement of Unpaid Assessments)

    Apart from the resale certificate, this section entitles a unit owner to request a statement from the association showing the unpaid assessments against the unit, which then binds the association as to that amount. The statute caps the fee the association may charge for the statement and sets a deadline for delivering it.

    Official text
Read 25 Del. C. 81 on the state's site

When a Home Sells in Delaware

Delaware law has the association furnish resale certificate to the buyer, under 25 Del. C. 81-409. The figures below come from the rules Havn applies to every order.

What Delaware calls the resale document
Resale Certificate
Fee cap
$200
Delivery deadline
10 days
Buyer's right to cancel
5 days after receiving it

The full Delaware resale rules, who pays, and how to order are on the Delaware resale certificate page. Every state's cap and deadline sit side by side in the fee and deadline table.

Delaware HOA Law Questions

Which law governs condominiums in Delaware?

25 Del. C. 22 (Unit Property Act) and 25 Del. C. 81 (DUCIOA). The Unit Property Act is Delaware's older condominium statute, governing condominiums created before the Delaware Uniform Common Interest Ownership Act took effect in 2009.

Which law governs HOAs in Delaware?

25 Del. C. 81 (DUCIOA). The Delaware Uniform Common Interest Ownership Act governs condominiums, cooperatives, and planned communities created on or after September 30, 2009, and extends selected provisions to older communities as well.

Does Delaware cap the fee for a resale certificate?

Yes. The cap is $200. The current figure, and the rush and delinquency surcharges where the state allows them, are on the Delaware resale page and in the fee table.

How long does a Delaware association have to deliver resale certificate?

10 days, counted from the request.

Where can I read the Delaware statutes?

Each act on this page links to its official text on the state legislature's site. Havn summarizes the law and links to the source rather than restating it.

Nearby States

Maryland HOA laws

Resale fee: $250 · 20 days

Pennsylvania HOA laws

Resale fee: no fixed dollar cap · 10 days

New Jersey HOA laws

Resale fee: no fixed dollar cap · 10 days

Keep Reading

Guides

Templates

  • HOA Annual Meeting Notice TemplateA free HOA annual meeting notice template: date, place, agenda, the election, quorum, and the proxy or ballot enclosed, written to meet the notice window in your bylaws.
  • HOA Violation Notice TemplateA free HOA violation letter template: the rule cited, what was observed and when, the photo, the cure date, what happens next, and how the owner can respond or request a hearing.
  • HOA Dues Increase and Special Assessment Notice TemplateA free HOA letter template for a dues increase or a special assessment: the new amount and when it starts, why, the payment schedule, how to pay, and where to ask questions.
  • HOA Proxy Form TemplateA free HOA proxy form template: the owner, the home, the proxy holder, the meeting, directed instructions on each item, the expiration, and the signature.

Terms to Know

  • Resale certificateThe disclosure package an HOA or condo association furnishes when a home in the community is sold: what is owed, what is coming, and the documents that govern the home.
  • HOA lienThe association's legal claim on a home for unpaid assessments, created by the declaration and, in most states, by statute.
  • Super lienIn roughly twenty states, a slice of the association's assessment lien that takes priority over the first mortgage, usually a set number of months of assessments.
  • QuorumThe minimum number of owners, or share of the votes, that must be present or represented for a meeting to act.
  • Special assessmentA one-time charge beyond the regular assessment, levied to cover a shortfall or a project the budget and the reserves cannot: a roof, a lawsuit, a storm.

In Havn

  • Self-Managed HOAsEverything a volunteer board needs, for a dollar a home a month.
  • AccountingFund accounting, budgets, bank feeds, payables, and owner statements.
  • CommunicationsMeeting notices, violation letters, and dues notices by email, text, and mail, with delivery logged.

Run a Delaware community with the rules built in.

HOA management software with a homeowner portal owners actually use. Resale documents are included; the requester pays for each one.

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