Delaware HOA Laws: What Homeowners Need to Know in 2026
Delaware’s Uniform Common Interest Ownership Act (DUCIOA, 25 Del. C. ch. 81) fully governs condos, co-ops and planned communities created after September 30, 2009. Older ones get only the sections § 81-119 lists, and pre-2009 condos keep the Unit Property Act. No foreclosure suit until three months of assessments are owed (§ 81-316(m)).
Start with the date your community was created
The cutoff is DUCIOA’s effective date in § 81-116(b).
| Your community | What governs it |
|---|---|
| Created after Sept. 30, 2009 | All of DUCIOA (§ 81-116(a)), except the next two rows |
| Post-2009 condo or co-op, 20 units or fewer, no development rights to exceed 20 | Only §§ 81-106 and 81-107 unless the declaration adopts the whole act (§ 81-117) |
| Post-2009 planned community, 20 units or fewer with no such development rights, or whose declaration caps average annual common-expense liability per residential unit at $500 during developer control | Only §§ 81-105 to 81-107 unless the declaration adopts the whole act (§ 81-118). The $500 route also needs the developer’s good-faith belief the cap suffices and a declaration barring increases during that control without all owners’ consent, beyond 3 percent each July 1 |
| Created before Sept. 30, 2009 | The § 81-119 list below, for events after that date |
| Pre-2009 co-op or planned community, 20 units or fewer with no such development rights, or average annual common-expense liability per residential unit of $500 or less (the statute lets that figure rise up to 3 percent each July 1) | Only §§ 81-105 to 81-107 unless the declaration is amended to opt in (§ 81-120) |
| Pre-Oct. 31, 2008 continuing-care community under the Life-Care Registration Act | Not DUCIOA (§ 81-124) |
| Nonresidential | Not DUCIOA unless the declaration says so (§ 81-122) |
The § 81-119 list: §§ 81-105, 81-106, 81-107, 81-127, 81-203, 81-204, 81-217(i), 81-221, 81-301, 81-302(a)(1)–(6) and (11)–(17), 81-302(f), 81-302(g), 81-303, 81-306, 81-307(a), 81-308A, 81-309(a), 81-310, 81-311, 81-314, 81-315, 81-316, 81-318, 81-321, 81-323, 81-324, 81-409 and 81-417, plus the § 81-103 definitions needed to read them. If an existing declaration or bylaw expressly conflicts with them, it controls, provided it does not conflict with the Unit Property Act (25 Del. C. ch. 22), which still governs condominiums submitted to it.
Liens, the six-month priority and the three-month foreclosure floor
Section 81-316, on that list, gives a lien for assessments and fines.
Unless the declaration provides otherwise, the lien outranks everything except: liens and encumbrances recorded before the declaration (in a co-op, also those the association creates, assumes or takes subject to); a first or second mortgage recorded before the delinquency; and real estate taxes and other governmental charges. Mechanics’ liens keep their own priority. Over that earlier mortgage the lien still wins for up to 6 months of budgeted assessments, if the association has recorded a county notice with its name, address, phone, e-mail and any website, and an officer’s notarized statement of lien at least 30 days before any sheriff’s sale. Suit must start within 3 years after the full assessment falls due; a bankruptcy pauses that until 30 days after the stay lifts.
A foreclosure needs at least 3 months of assessments owed plus a board vote naming that unit. When only fines are owed, the association first needs a judgment and a perfected judgment lien. Condo and planned-community liens are foreclosed like a mortgage, by equitable foreclosure or a lawful procedure in the declaration. A written request gets you the unpaid balance within 10 business days for no more than $25, unless the account is with the association’s lawyer (§ 81-316(h)).
Budgets, reserves and fines
After developer control, owners get a budget summary within 30 days of adoption and a ratification meeting 14 to 60 days later; only a majority of all owners (or a larger declaration vote) can reject it. Special assessments take the same path unless the board unanimously finds an emergency (§ 81-324). Condo and co-op reserves must be at least 15%, 10% or 5% of the budget, depending on how many of 15 listed components the board maintains (§ 81-315(a)(2)). Fines require “notice and an opportunity to be heard” (§ 81-302(a)(11)).
Open board meetings and the records you can see
The board meets at least quarterly, with owner notice 10 to 60 days ahead unless the meeting is on a distributed schedule or an emergency (§ 81-308A). After developer control, it may close a session only to consult its lawyer about, or discuss, litigation, mediation, arbitration, administrative proceedings or any contract matters; for labor or personnel matters; for contract negotiations or bids when early disclosure would hurt the association; or for an owner’s complaint or violation when publicity would violate that owner’s privacy.
Records need 5 days’ written notice naming the purpose and the records, made in good faith for a proper purpose (§ 81-318). The association may withhold only what concerns: personnel matters about specific people or anyone’s medical records; deals in or under negotiation; pending or threatened litigation, arbitration, mediation or administrative proceedings; government enforcement proceedings over the declaration, bylaws or rules; privileged or work-product communications with counsel; disclosures that would violate law; executive-session minutes and records; and other owners’ unit files. Fees cannot exceed actual cost.
Selling a Delaware unit: the resale certificate
Unless a developer’s public offering statement is required instead, the seller delivers the declaration, bylaws, rules and a certificate (current within 120 days, covering the 19 items in § 81-409(a)) by the time the buyer signs. The association has 10 days to produce it and may charge up to $200, plus up to $50 for paper, but nothing if it is late. A buyer who first sees it after signing may cancel within 5 calendar days of receipt, before closing, and owes no unpaid assessments beyond the certified amount. It applies to pre-2009 communities too.
No certificate is needed for a gift; a court-ordered transfer; one by a government; foreclosure or deed in lieu; a sale to a dealer; a contract the buyer may cancel anytime without penalty; a transfer by law at death; a nonresidential unit; or a contract signed before September 30, 2009 (§ 81-401(b)). Separately, § 317 bars collecting fees for an amenity not yet finished and open to residents. Add the fee to your Delaware closing costs.
Rooftop solar and the 60-day notice in § 318
A covenant that effectively prohibits or unreasonably restricts roof-mounted solar is void (25 Del. C. § 318, last amended by 82 Del. Laws c. 208, approved August 20, 2019). It covers a solely owned single-family roof that is not a common element and a townhouse roof the owner must repair; allowed restrictions may not significantly raise cost or cut efficiency unless they permit a comparable alternative. Mail notice by certified mail at least 60 days before installing to the association and neighbors within 150 feet; if the association gives no placement direction at least 30 days before your date, install as planned. Conservation easements and historic-preservation covenants are unaffected.
The Common Interest Community Ombudsperson
This Department of Justice office (29 Del. C. §§ 2540–2546) takes complaints, mediates and can monitor elections on petition by 15% of voting interests or 6 owners, whichever is greater. You must first finish your association’s internal complaint process and attach its final determination (§ 2544(9)). See the Ombudsperson page.
Questions Delaware owners ask
Can my association foreclose over fines alone?
Not without a court judgment and a perfected judgment lien first (§ 81-316(m)(3)).
Our subdivision dates from 1996. Does DUCIOA apply?
Partly: the § 81-119 sections apply to events after September 30, 2009, unless your community fits § 81-120 or another carve-out in the table.
How fast must the resale certificate arrive?
Within 10 days of the seller’s request, or the association forfeits its fee.
Where does a complaint start?
Inside the association, then the Ombudsperson. See also what an HOA is, selling in an HOA, Delaware homeowner insurance and the Delaware hub.