reglab/housing_qa huggingface dataset:
25 DE Code § 2236. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 22. Unit Properties|Subchapter VII. Assessments; Taxation; Liens|§ 2236. Unpaid assessments at time of execution sale against a unit.

§ 2236. Unpaid assessments at time of execution sale against a unit. In the event that title to a unit is transferred by sheriff's sale pursuant to execution upon any lien against the unit, the council may give notice in writing to the sheriff of any unpaid assessments for common expenses which are a charge against the unit, but have not been reduced to lien pursuant to § 2234 of this title, and the sheriff shall pay the assessments of which the sheriff has such notice out of any proceeds of the sale which remain in the sheriff's hands for distribution after payment of all other claims, which the sheriff is required by law to pay, but prior to any distribution of the balance to the former unit owner against whom the execution issued. The purchaser at such sheriff's sale and the unit involved shall not be liable for unpaid assessments for common expenses which became due prior to the sheriff's sale of the unit. Any such unpaid assessments which cannot be promptly collected from the former unit owner may be reassessed by the council as a common expense to be collected from all of the unit owners including such purchaser, the purchaser's heirs, personal representatives, successors and assigns. To protect its right to collect unpaid assessments which are a charge against a unit, the council may, on behalf of the unit owners, purchase the unit at sheriff's sale, provided such action is authorized by the affirmative vote of a majority of the members of council and, if it does so purchase, the council shall thereafter have the power to hold, sell, convey, mortgage or lease such unit to any person whatsoever. 25 Del. C. 1953, §  2236;  54 Del. Laws, c. 282;  70 Del. Laws, c. 186, §  1;
25 DE Code § 2237. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 22. Unit Properties|Subchapter VII. Assessments; Taxation; Liens|§ 2237. Unpaid assessments at time of voluntary sale of a unit.

§ 2237. Unpaid assessments at time of voluntary sale of a unit. Upon the voluntary sale or conveyance of a unit, the grantee shall be jointly and severally liable with the grantor for all unpaid assessments for common expenses which are a charge against the unit as of the date of the sale or conveyance, but such joint and several liability shall be without prejudice to the grantee's right to recover from the grantor the amount of any such unpaid assessments which the grantee may pay, and until any such assessments are paid, they shall continue to be a charge against the unit which may be enforced in the manner set forth in § 2234 of this title. Provided, however, that any person who shall have entered into a written agreement to purchase a unit shall be entitled to obtain a written statement from the treasurer setting forth the amount of unpaid assessments charged against the unit and its owners and, if such statement does not reveal the full amount of the unpaid assessments as of the date it is rendered, neither the purchaser nor the unit shall be liable for the payment of an amount in excess of the unpaid assessments shown thereon. Any such excess which cannot be promptly collected from the former unit owner may be reassessed by the council as a common expense to be collected from all of the unit owners including the purchaser, the former unit owner's heirs, personal representatives, successors and assigns. 25 Del. C. 1953, §  2237;  54 Del. Laws, c. 282;  70 Del. Laws, c. 186, §  1;
25 DE Code § 2238. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 22. Unit Properties|Subchapter VIII. Miscellaneous|§ 2238. Insurance.

§ 2238. Insurance. The council shall, if required by the declaration, the code of regulations, or by a majority of the unit owners, insure the building against loss or damage by fire and such hazards as shall be required or requested without prejudice to the right of each unit owner to insure each such unit owner's own unit for each such unit owner's own benefit. The premiums for such insurance on the building shall be deemed common expenses. 25 Del. C. 1953, §  2238;  54 Del. Laws, c. 282;  70 Del. Laws, c. 186, §  1;
25 DE Code § 2239. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 22. Unit Properties|Subchapter VIII. Miscellaneous|§ 2239. Repair or reconstruction.

§ 2239. Repair or reconstruction. Except as hereinafter provided, damage to or destruction of the building or of 1 or more of several buildings which comprise the property shall be promptly repaired and restored by the council using the proceeds of insurance held by the council, if any, for that purpose, and the unit owners directly affected thereby shall be liable for assessment for any deficiency in proportion to their respective undivided ownership of the common elements. Provided, however, that if there is substantially total destruction of the building or of 1 or more of several buildings which comprise the property and if 75 percent of the unit owners directly affected thereby duly resolve not to proceed with repair or restoration, then, and in that event, the salvage value of the property or of the substantially destroyed building or buildings shall be subject to partition at the suit of any unit owner directly affected thereby, in which event the net proceeds of sale, together with the net proceeds of insurance policies held by the council, if any, shall be considered as 1 fund and shall be divided among the unit owners directly affected thereby in proportion to their respective undivided ownership of the common elements after discharging out of the respective shares of unit owners, directly affected thereby, to the extent sufficient for the purpose all liens against the units of such unit owners. 25 Del. C. 1953, §  2239;  54 Del. Laws, c. 282;  58 Del. Laws, c. 117.;
25 DE Code § 2240. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 22. Unit Properties|Subchapter VIII. Miscellaneous|§ 2240. Ownership of land.

§ 2240. Ownership of land. Nothing in this chapter shall be construed to prevent the construction of unit properties, as defined in § 2202 of this title, upon land held under a lease by the developer of the unit property, provided that the declaration required under § 2219 of this title shall be signed not only by the lessee, but also by the lessor of the land who holds legal title to the land in fee simple. 25 Del. C. 1953, §  2240;  56 Del. Laws, c. 195, §  5;
25 DE Code § 2241. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 22. Unit Properties|Subchapter VIII. Miscellaneous|§ 2241. Notice and record of meetings.

§ 2241. Notice and record of meetings. (a) No meetings of unit owners or meetings of any council pursuant to this chapter may be held unless notice of the meeting, with the agenda for the meeting, has been either:  (1) Posted conspicuously in each building in an area open to all unit owners at least 7 days prior to the meeting; or (2) Sent to the mailing address provided to the council by the owner and mailed at least 14 days prior to date of the meeting. (b) All meetings of unit owners or meetings of any council shall be open to all other unit owners governed by the same council; provided, however, that where a portion of any meeting of unit owners or any council is reserved for consultations with legal counsel, or for personnel matters relating to employees of the council, such portion of the meeting shall be excluded from the provisions of this subsection. (c) The council shall maintain written minutes of all meetings of unit owners or the council. The minutes shall be made available to all unit owners. 68 Del. Laws, c. 115, §  1;  69 Del. Laws, c. 94, §  1;
25 DE Code § 2242. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 22. Unit Properties|Subchapter VIII. Miscellaneous|§ 2242. Display of flags.

§ 2242. Display of flags. Any unit owner shall have the right to display the flag of the United States of America, measuring up to 3 feet by 5 feet, on a pole located within the property's boundaries or attached to the exterior wall of the unit or the common elements proximate to the unit, provided such display conforms with § 316 of this title. This right may not be impaired by any state or private regulation or by any agreement, covenant or restriction whatsoever, including removal of property from the provisions of this chapter under subchapter VI of this chapter. Unit owners may effect regulations consistent with this section. 70 Del. Laws, c. 178, §  1;  79 Del. Laws, c. 93, §  2;
25 DE Code § 2243. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 22. Unit Properties|Subchapter VIII. Miscellaneous|§ 2243. “For Sale” signs.

§ 2243. “For Sale” signs. Any unit owner shall have the right to display a “For Sale” sign, measuring up to 12 inches by 18 inches (12″ X 18″) on the exterior wall of such person's unit or the common elements proximate to the unit. Such “For Sale” sign shall be entitled “For Sale”, and contain such information as accurately describes the unit and any applicable names, addresses and phone numbers of the person or persons who are offering the unit for sale, unless unit owners enact a covenant that prohibits this practice. Developers may initially ban such signs for 2 years from the first sale of a unit, or until 75 percent of the units are sold, whichever comes first. 74 Del. Laws, c. 142, §  1;
25 DE Code § 2244. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 22. Unit Properties|Subchapter VIII. Miscellaneous|§ 2244. Repair and replacement reserve as a percentage of budget.

§ 2244. Repair and replacement reserve as a percentage of budget. The minimum percentage of the annual budget of a condominium that must be assigned to the repair and replacement reserve will depend on how many of the following components and systems are to be maintained, repaired and replaced by the council:  (1) One or more hallways; (2) One or more stairwells; (3) One or more management or administrative offices; (4) One or more roofs; (5) One or more windows; (6) One or more exterior walls; (7) One or more elevators; (8) One or more HVAC systems; (9) One or more swimming pools; (10) One or more exercise facilities; (11) One or more clubhouses; (12) One or more parking garages (but not including surface parking lots); (13) One or more masonry bridges used by motor vehicles; (14) One or more bulkheads; and (15) One or more docks. In the event that the council is responsible for the maintenance, repair and replacement of 4 or more of the above-described systems or components, the minimum percentage of the condominium's annual budget that must be assigned to the repair and replacement reserve is 15%; if the responsibility extends to only 3 of the above-described systems and components, the minimum percentage is 10%; and if the responsibility extends to only 2 or fewer of the above-described systems and components, the minimum percentage is 5%. In the event that the condominium's accountant certifies that the funds in the repair and replacement reserve are in excess of the sum required to constitute a fully funded repair and replacement reserve as defined in § 2202(8) of this title, the council shall treat the excess as a common profit subject to distribution pursuant to § 2216 of this title. In the event that the association does not have a current repair and replacement reserve as required by this chapter, the minimum percentages of the association's budget to be assigned to the reserve study shall be the percentages prescribed in this section. 77 Del. Laws, c. 92, §  9;
25 DE Code § 2245. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 22. Unit Properties|Subchapter VIII. Miscellaneous|§ 2245. Compliance phase-in.

§ 2245. Compliance phase-in. Anything in this title to the contrary notwithstanding, if the amount held by a condominium in its repair and replacement reserve as of October 1, 2009, in lieu thereof, (1) Constitutes less than 25% of the level of funding required for a fully funded reserve as defined in § 2202(8) of this title, then the council shall have 8 years to make the repair and replacement reserve fully funded (as defined in § 2202(8) of this title); (2) Constitutes 25% or more, but less than 50%, of the level defined as fully funded, then the council shall have 6 years to make the repair and replacement reserve fully funded (as defined in § 2202(8) of this title); or (3) Constitutes 50% or more, but less than 70%, of the level defined as fully funded, then the council shall have 5 years to make the repair and replacement reserve fully funded (as defined in § 2202(8) of this title).77 Del. Laws, c. 92, §  10;  77 Del. Laws, c. 364, §  11;
25 DE Code § 2246. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 22. Unit Properties|Subchapter VIII. Miscellaneous|§ 2246. Exceptions for nonresidential condominiums.

§ 2246. Exceptions for nonresidential condominiums. A nonresidential condominium may elect to be exempt from the requirement for creating and maintaining a repair and replacement reserve pursuant to § 2211 of this title if the declaration so provides or otherwise by the vote of a majority of the unit owners. A condominium that contains units restricted exclusively to nonresidential purposes and other units that may be used for residential purposes is not subject to this section (and therefore is not required to maintain a repair and replacement reserve) unless the units that may be used for residential purposes would comprise a condominium in the absence of the nonresidential units or the declaration provides that this section applies. Nothing herein shall prevent the establishment of a condominium for residential purposes and a nonresidential condominium for the same real estate. 77 Del. Laws, c. 92, §  11;  83 Del. Laws, c. 173, § 1;
25 DE Code § 2701. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 27. Mechanics’ Liens|Subchapter I. General Provisions|§ 2701. Definitions.

§ 2701. Definitions. As used in this chapter, unless the context requires a different meaning. (1) “Construction management services” includes services performed pursuant to a contract with an owner of a structure, or with the agent of such owner, for the management of the erection, alteration or repair of such structure, where the person or entity providing such services does not perform or furnish labor or material for such erection, alteration or repair. (2) “Labor” includes work. (3) “Structure” includes a building or house.25 Del. C. 1953, §  2701;  72 Del. C. 203, §  1;
25 DE Code § 2702. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 27. Mechanics’ Liens|Subchapter I. General Provisions|§ 2702. Persons entitled to obtain lien.

§ 2702. Persons entitled to obtain lien. (a) It shall be lawful for any person having performed or furnished labor or material, or both, to an amount exceeding $25 in or for the erection, alteration or repair of any structure, in pursuance of any contract, express or implied, with the owners of such structure or with the agent of such owner or with any contractor who has contracted for the erection, alteration or repair of the same and for the furnishing of the whole or any part of the materials therefor, including any person who has performed or furnished labor or material, or both, for or at such structure under a contract with or order from any subcontractor to obtain a lien upon such structure and upon the ground upon which the same may be situated or erected. (b) Liens may also be obtained in connection with: labor performed and materials furnished in plumbing, gas fitting, paper hanging, paving, placing iron works and machinery of every kind in mills and factories, bridge building, the erection, construction and filling in of wharves, piers and docks and all improvements to land by drainage, dredging, filling in, irrigating and erecting banks and the services rendered and labor performed and materials furnished by architects. 16 Del. Laws, c. 145, §§  1, 4;  18 Del. Laws, c. 679;  Code 1915, §§  2843, 2846;  29 Del. Laws, c. 225;  29 Del. Laws, c. 226;  Code 1935, §§  3324, 3327;  25 Del. C. 1953, §  2702;
25 DE Code § 2703. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 27. Mechanics’ Liens|Subchapter I. General Provisions|§ 2703. Contract requirements to obtain lien based solely on improvement to land.

§ 2703. Contract requirements to obtain lien based solely on improvement to land. No lien shall attach in case the improvements are to the land alone, unless a contract in writing, signed by the owner or owners thereof, setting forth the names of all parties to the contract and containing a description by the metes and bounds of the land to be affected and by a statement of the general character of the work to be done, and of the total amount to be paid thereunder, and the amounts of the partial payments, together with the time when such payments shall be due and payable. 16 Del. Laws, c. 145, §  4;  Code 1915, §  2846;  29 Del. Laws, c. 226;  Code 1935, §  3327;  25 Del. C. 1953, §  2703;
25 DE Code § 2704. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 27. Mechanics’ Liens|Subchapter I. General Provisions|§ 2704. Liens effective for or against corporations.

§ 2704. Liens effective for or against corporations. Liens may be filed for or against corporations or individuals. 16 Del. Laws, c. 145, §  4;  Code 1915, §  2846;  29 Del. Laws, c. 226;  Code 1935, §  3327;  25 Del. C. 1953, §  2704;
25 DE Code § 2705. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 27. Mechanics’ Liens|Subchapter I. General Provisions|§ 2705. Duty of contractor to provide list of persons furnishing labor and material; effect of failure to provide list.

§ 2705. Duty of contractor to provide list of persons furnishing labor and material; effect of failure to provide list. The owner of any structure built, repaired or altered by any contractor or subcontractor may require such contractor or subcontractor from time to time to furnish and submit to the owner complete and accurate list in writing of all persons who have furnished labor or material, or both, in connection therewith, and who may be entitled to avail themselves of the provisions of this chapter. Should any such contractor or subcontractor fail to furnish such list for 10 days after demand made therefor by such owner, the contractor or subcontractor shall be entitled to receive no further payments from the owner until such list be furnished and shall not be entitled to avail himself or herself of any of the provisions of this chapter. 16 Del. Laws, c. 145, §  1;  Code 1915, §  2843;  29 Del. Laws, c. 225;  Code 1935, §  3324;  25 Del. C. 1953, §  2705;  70 Del. Laws, c. 186, §  1;
25 DE Code § 2706. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 27. Mechanics’ Liens|Subchapter I. General Provisions|§ 2706. Waiver of lien.

§ 2706. Waiver of lien. (a) Persons entitled to avail themselves of the lien provided for in this chapter shall not be considered as waiving the same by granting a credit or receiving notes or other securities, unless the same be received as payment or the lien expressly waived, but the sole effect thereof shall be to prevent such persons from availing themselves of the liens provided for in this chapter until the expiration of the time agreed upon. (b) Notwithstanding the provisions of any other law, except as provided in this subsection: Any contract, any agreement or understanding whereby the right to file or enforce any lien created under this chapter is waived, shall be void as against public policy and wholly unenforceable. This section shall not preclude a requirement for a written waiver of the right to file a mechanics' lien executed and delivered by a contractor, subcontractor, material supplier or laborer simultaneously with or after payment for the labor performed or the materials supplied has been made to such contractor, subcontractor, material supplier or laborer nor shall this section be applicable to a written agreement to subordinate, release or satisfy all or part of such lien made after a statement of claim has been filed under this chapter. Nothing in this subsection shall amend, exempt, limit or qualify the provisions of § 2707 of this title. 16 Del. Laws, c. 145, §  1;  Code 1915, §  2843;  29 Del. Laws, c. 225;  Code 1935, §  3324;  25 Del. C. 1953, §  2706;  68 Del. Laws, c. 302, §  1;  70 Del. Laws, c. 186, §  1;
25 DE Code § 2707. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 27. Mechanics’ Liens|Subchapter I. General Provisions|§ 2707. Payment of contractor by owner of residence as a defense; certification of payment for labor and materials or release of liens by contractor.

§ 2707. Payment of contractor by owner of residence as a defense; certification of payment for labor and materials or release of liens by contractor. No lien shall be obtained under this chapter upon the lands, structure, or both, of any owner which is used solely as a residence of said owner when the owner has made either full or final payment to the contractor, in good faith, with whom he contracted for the construction, erection, building, improvement, alteration or repair thereof. Prior to or simultaneous with the receipt of any full or final payment by the contractor, the contractor must provide the owner either:  (1) A notarized, verified written certification that the contractor has paid in full for all labor performed and materials furnished to the date of such full or final payment in or for such construction, erection, building, improvement, alteration or repair or (2) A written release of mechanics' liens signed by all persons who would otherwise be entitled to avail themselves of the provisions of this chapter, containing a notarized, verified certification signed by the contractor that all of the persons signing the release constitute all of the persons who have furnished materials and performed labor in and for the construction, erection, building, improvement, alteration and repair to the date of the release and who would be entitled otherwise to file mechanics' liens claims. Failure of the contractor to provide the owner a written certification or a release of mechanics' liens at such time shall constitute sufficient cause for the immediate suspension, revocation or cancellation of the contractor's occupational and business licenses. If the owner has not made full payment in good faith to such contractor, the lien may be obtained in accordance with this chapter, but it shall be a lien only to the extent of the balance of the payment due such contractor, which balance or portion shall be payable pro rata among the claimants who perfect liens. Payments made to the contractor by the owner after service of process, as provided in § 2715 of this title, shall not be deemed to be “in good faith.” 25 Del. C. 1953, §  2707;  57 Del. Laws, c. 498;  58 Del. Laws, c. 274, §  1;
25 DE Code § 2708. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 27. Mechanics’ Liens|Subchapter I. General Provisions|§ 2708. Fringe benefits.

§ 2708. Fringe benefits. A mechanics' lien may be used to secure payment of any unpaid amounts due under contract from the contractor arising from a subcontractor's labor including payment of fringe benefit items. As used in this section, the phrase “fringe benefit items” shall have the same meaning as the phrase “benefits or wage supplements” defined in § 1109(b) of Title 19. 65 Del. Laws, c. 467, §  1;
25 DE Code § 2713. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 27. Mechanics’ Liens|Subchapter II. Enforcement in Superior Court|§ 2713. Claims against 2 or more structures owned by same person.

§ 2713. Claims against 2 or more structures owned by same person. In every case in which 1 claim for labor or materials is filed by the same person against 2 or more structures owned by the same person for building, altering or repairing 2 or more structures owned by the same person, the claimant shall, at the time of filing such joint claim, designate the amount which the claimant claims to be due to that claimant on each of such structures. 16 Del. Laws, c. 145, §  1;  Code 1915, §  2843;  29 Del. Laws, c. 225;  Code 1935, §  3324;  25 Del. C. 1953, §  2713;  70 Del. Laws, c. 186, §  1;