reglab/housing_qa huggingface dataset:
25 DE Code § 81-323. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 81. Delaware Uniform Common Interest Ownership Act|Subchapter III. Management of the Common Interest Community|§ 81-323. Removal of members of executive board.

§ 81-323. Removal of members of executive board. Notwithstanding any provision of the declaration or bylaws to the contrary, the unit owners, by a two-thirds vote of all persons present, in person, by proxy or by ballot, and entitled to vote at any meeting of the unit owners at which a quorum is present, may remove any member of the executive board with or without cause, except that: (i) a member appointed by the declarant may not be removed by a unit owner vote during the period of declarant control, and (ii) a person appointed under § 81-303(f) of this title may only be removed by the person that appointed that member:  (a) The unit owners may consider the question of whether to remove a member of the executive board either: (1) at any duly called meeting of the unit owners at which a quorum is present if that subject was listed in the notice of the meeting, or (2) at a special meeting called for the purpose of removing a member of the executive board, whether or not a quorum is present, so long as the voting at the special meeting is conducted in the manner described in subsection (c) of this section. (b) At any meeting at which a vote to remove a member of the executive board is to be taken, the executive board shall provide a reasonable opportunity to speak before the vote to all persons favoring and opposing removal of that member, including without limitation the member being considered for removal. (c) If a special meeting is called for the purpose of removing a member of the executive board, then the following rules apply, whether or not a quorum is present at that meeting in person or by proxy:  (1) After all persons present at the meeting have been given a reasonable opportunity to speak, the meeting shall be recessed for a period calculated in the manner described in paragraph (c)(2) of this section below. (2) Promptly following the recess, the association shall notify all unit owners of the recessed meeting and inform the unit owners of their opportunity to cast votes either in favor or against removal during the 30-day period following the day that the notice is sent. (3) The notice sent to unit owners shall specifically inform them of their right to cast votes either in a secret written ballot, on a form provided to the unit owners or by electronic means according to instructions contained in that notice. (d) Whether a vote under subsection (c) of this section is taken before or after a recess, and whether or not taken by electronic means, a member of the executive board may be removed only if the number of votes cast in favor of removal: (i) exceeds the number of votes cast in opposition to removal and (ii) is greater than 1/3 of the total votes of the association.76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 91, §  82;  81 Del. Laws, c. 79, § 41;
25 DE Code § 81-324. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 81. Delaware Uniform Common Interest Ownership Act|Subchapter III. Management of the Common Interest Community|§ 81-324. Adoption of budget.

§ 81-324. Adoption of budget. (a) The executive board shall, at least annually, prepare a proposed budget for the common interest community. In a condominium or cooperative, the proposed budget shall include a line item for any required funding of a repair and replacement reserve. Within 30 days after adoption of any proposed budget after the period of declarant control, the executive board shall provide to all unit owners a summary of the budget, including any reserves and a statement of the basis on which any reserves are calculated and funded. Simultaneously, the executive board shall set a date for a meeting of the unit owners to consider ratification of the budget not less than 14 nor more than 60 days after providing the summary. Unless at that meeting a majority of all unit owners or any larger vote specified in the declaration, voting in person or by proxy, reject the budget, the budget is ratified, whether or not a quorum is present. If a proposed periodic budget is rejected, the periodic budget last ratified by the unit owners must be continued until such time as the unit owners ratify a subsequent budget proposed by the executive board. (b) In addition to adoption of its regular periodic budget, the executive board may at any time propose a budget which would require a special assessment against all the units. Except as provided in subsection (c) of this section, the special assessment is effective only if the executive board follows the procedures for ratification of a budget described in subsection (a) of this section and the unit owners do not reject that proposed special assessment. (c) If the executive board determines by unanimous vote that the special assessment is necessary in order to respond to an emergency, then: (i) the special assessment shall become effective immediately in accordance with the terms of the vote; (ii) notice of the emergency assessment shall be promptly provided to all unit owners; and (iii) the executive board shall spend the funds paid on account of the emergency assessment solely for the purposes described in the vote. 76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 91, §§  59, 60, 82;  83 Del. Laws, c. 173, § 12;
25 DE Code § 81-325. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 81. Delaware Uniform Common Interest Ownership Act|Subchapter III. Management of the Common Interest Community|§ 81-325. Service on associations and executive board.

§ 81-325. Service on associations and executive board. A person may bring suit against the association or the executive board as a whole in any cause by service in accordance with the otherwise applicable rules authorizing service on the form of legal entity of the association. 76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 91, §  82;
25 DE Code § 81-326. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 81. Delaware Uniform Common Interest Ownership Act|Subchapter III. Management of the Common Interest Community|§ 81-326. Delaware corporations.

§ 81-326. Delaware corporations. Any association that is a Delaware corporation shall also be subject to the Title 8, which shall govern and control to the extent not inconsistent with this chapter. 77 Del. Laws, c. 91, §  61;
25 DE Code § 81-401. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 81. Delaware Uniform Common Interest Ownership Act|Subchapter IV. Protection of Purchasers|§ 81-401. Applicability; waiver.

§ 81-401. Applicability; waiver. (a) This subchapter applies to all units subject to this chapter, except as provided in subsection (b) of this section or as modified or waived by agreement of purchasers of units in a nonresidential common interest community or as to units that are restricted to nonresidential use. (b) Neither a public offering statement nor a resale certificate need be prepared or delivered in the case of:  (1) A gratuitous disposition of a unit; (2) A disposition pursuant to court order; (3) A disposition by a government or governmental agency; (4) A disposition by foreclosure or deed in lieu of foreclosure; (5) A disposition to a dealer; (6) A disposition that may be canceled at any time and for any reason by the purchase without penalty; (7) A disposition by operation of law upon the death of the unit owner; (8) A disposition of a unit restricted to nonresidential purposes; or (9) A disposition of a unit to a purchaser for which a declarant, dealer or existing unit owner has entered into a written contract with such purchaser for the purchase and sale of such unit at any time prior to the effective date.76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 4, §  13;  77 Del. Laws, c. 91, §  82;
25 DE Code § 81-402. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 81. Delaware Uniform Common Interest Ownership Act|Subchapter IV. Protection of Purchasers|§ 81-402. Liability for public offering statement requirements.

§ 81-402. Liability for public offering statement requirements. (a) Except as provided in subsection (b) of this section, a declarant, before offering any interest in a unit to the public, shall prepare a public offering statement conforming to the requirements of §§ 81-403, 81-404, 81-405, and 81-406 of this title. (b) A declarant may transfer responsibility for preparation of all or a part of the public offering statement to a successor declarant or to a dealer who intends to offer units in the common interest community. In the event of any such transfer, the transferor shall provide the transferee with any information necessary to enable the transferee to fulfill the requirements of subsection (a) of this section. In addition and anything to the contrary in this chapter notwithstanding, a declarant shall not be required to prepare or provide a public offering statement under this subchapter IV of this chapter with respect to any contract for a unit executed by the declarant with a purchaser of such unit prior to the effective date. (c) Any declarant or dealer who offers a unit to a purchaser shall deliver a public offering statement in the manner prescribed in § 81-408(a) of this title. The person who prepared all or a part of the public offering statement is liable under §§ 81-408 and 81-417 of this title for any false or misleading statement set forth therein or for any omission of a material fact therefrom with respect to that portion of the public offering statement which the person prepared. If a declarant did not prepare any part of a public offering statement that the declarant delivers, the declarant is not liable for any false or misleading statement set forth therein or for any omission of a material fact therefrom unless the declarant had actual knowledge of the statement or omission or, in the exercise of reasonable care, should have known of the statement or omission. (d) If a unit is part of a common interest community and is part of any other real estate regime in connection with the sale of which the delivery of a public offering statement is required under the laws of this State, a single public offering statement conforming to the requirements of §§ 81-403, 81-404, 81-405, and 81-406 of this title as those requirements relate to each regime in which the unit is located, and to any other requirements imposed under the laws of this State, may be prepared and delivered in lieu of providing two or more public offering statements. 76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 4, §  14;  77 Del. Laws, c. 91, §  82;
25 DE Code § 81-405. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 81. Delaware Uniform Common Interest Ownership Act|Subchapter IV. Protection of Purchasers|§ 81-405. Time shares.

§ 81-405. Time shares. (a) If the declaration provides that ownership or occupancy of any units, is or may be in time shares, the public offering statement shall disclose, in addition to the information required by § 81-403 of this title:  (1) The number and identity of units in which time shares may be created; (2) The total number of time shares that may be created; (3) The minimum duration of any time shares that may be created; and (4) The extent to which the creation of time shares will or may affect the enforceability of the association's lien for assessments provided in § 81-316 of this title. (b) Any common interest community that is in time shares shall also be governed by Chapter 28 of Title 6, to the extent applicable. 76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 91, §§  67, 81;
25 DE Code § 81-406. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 81. Delaware Uniform Common Interest Ownership Act|Subchapter IV. Protection of Purchasers|§ 81-406. Common interest communities containing conversion buildings.

§ 81-406. Common interest communities containing conversion buildings. (a) The public offering statement of a common interest community containing any conversion building must contain, in addition to the information required by § 81-403 of this title:  (1) A statement by the declarant, based on a report prepared by an independent registered architect or engineer, describing the present condition of all structural components and mechanical and electrical installations material to the use and enjoyment of the building; (2) A statement by the declarant of the expected useful life of each item reported on in paragraph (a)(1) of this section or a statement that no representations are made in that regard; and (3) A list of any outstanding notices of uncured violations of building code or other municipal regulations, together with the estimated cost of curing those violations. (b) This section applies only to buildings containing units that may be occupied for residential use. 76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 91, §  82;
25 DE Code § 81-407. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 81. Delaware Uniform Common Interest Ownership Act|Subchapter IV. Protection of Purchasers|§ 81-407. Common interest community securities.

§ 81-407. Common interest community securities. If an interest in a common interest community is currently registered with the Securities and Exchange Commission of the United States, a declarant satisfies all requirements relating to the preparation of a public offering statement of this chapter if the declarant delivers to the purchaser a copy of the public offering statement filed with the Securities and Exchange Commission. An interest in a common interest community is not a security under Delaware law. 76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 91, §  82;
25 DE Code § 81-408. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 81. Delaware Uniform Common Interest Ownership Act|Subchapter IV. Protection of Purchasers|§ 81-408. Purchaser's right to cancel.

§ 81-408. Purchaser's right to cancel. (a) A person required to deliver a public offering statement pursuant to § 81-402(c) of this title shall provide a purchaser with a copy of the public offering statement and all amendments thereto before conveyance of the unit, and not later than the date of any contract of sale. Unless such a purchaser is given the public offering statement more than 5 days before execution of a contract for the purchase of a unit, the purchaser, before conveyance, may cancel the contract within 5 days after first receiving the public offering statement. (b) If a purchaser elects to cancel a contract pursuant to subsection (a) of this section, the purchaser may do so by notice to the offeror. Cancellation is without penalty, and all payments made by the purchaser before cancellation must be refunded promptly. (c) Anything to the contrary in this chapter notwithstanding, any declarant, dealer, or unit owner who entered into a contract with a purchaser for a unit on or before the effective date shall not be subject to any of the provisions of this section and no such purchaser shall be entitled to exercise any of the rights and remedies against such declarant, dealer or unit owner under this section. 76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 4, §  15;  77 Del. Laws, c. 91, §§  68-70, 82;  83 Del. Laws, c. 173, § 13;
25 DE Code § 81-410. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 81. Delaware Uniform Common Interest Ownership Act|Subchapter IV. Protection of Purchasers|§ 81-410. Escrow of deposits.

§ 81-410. Escrow of deposits. Any deposit made in connection with the purchase or reservation of a unit from a person required to deliver a public offering statement pursuant to § 81-402(c) of this title must be placed in escrow and held either in this State or in an account designated solely for that purpose by an attorney or a licensed real estate broker or an institution whose accounts are insured by a governmental agency or instrumentality until: (i) delivered to the declarant at closing; (ii) delivered to the declarant because of the purchaser's default under a contract to purchase the unit; or (iii) refunded to the purchaser. An escrow agent acting in good faith and in accordance with the terms of the escrow shall have no liability for the disposition of the fund. 76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 91, §  82;
25 DE Code § 81-411. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 81. Delaware Uniform Common Interest Ownership Act|Subchapter IV. Protection of Purchasers|§ 81-411. Release of liens.

§ 81-411. Release of liens. (a) In the case of a sale of a unit where delivery of a public offering statement is required pursuant to § 81-402(c) of this title, a seller (1) Shall have the subject property released from all liens, except liens on real estate that a declarant has the right to withdraw from the common interest community, that the purchaser does not expressly agree to take subject to or assume and that encumber:  (i) In a condominium, that unit and its common element interest, and (ii) In a cooperative or planned community, that unit and any limited common elements assigned thereto, or (2) Shall provide a surety bond or substitute collateral for or insurance against the lien as provided for liens on real estate. (b) Before conveying real estate to the association, the declarant shall have that real estate released from: (1) all liens the foreclosure of which would deprive unit owners of any right of access to or easement of support of their units, and (2) all other liens on that real estate unless the public offering statement describes certain real estate that may be conveyed subject to liens in specified amounts. 76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 91, §§  76, 82;
25 DE Code § 81-413. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 81. Delaware Uniform Common Interest Ownership Act|Subchapter IV. Protection of Purchasers|§ 81-413. Express warranties of quality.

§ 81-413. Express warranties of quality. (a) Express warranties made by a declarant to a purchaser of a unit, if relied upon by the purchaser, are created as follows:  (1) Any affirmation of fact or promise in writing which relates to the unit, its use, or rights appurtenant thereto, area improvements to the common interest community that would directly benefit the unit, or the right to use or have the benefit of facilities not located in the common interest community, creates an express warranty that the unit and related rights and uses will substantially conform to the affirmation or promise in all material respects; (2) Any model or description of the physical characteristics of the common interest community, including plans and specifications of or for improvements, creates an express warranty that the common interest community will substantially conform to the model or description in all material respects unless the model or description discloses that it is only proposed or is subject to change; (3) Any description of the quantity or extent of the real estate comprising the common interest community, including plats or surveys, creates an express warranty that the common interest community will substantially conform to the description in all material respects, subject to customary tolerances; and (4) A provision that a purchaser may put a unit only to a specified use is an express warranty that the specified use is lawful in all material respects. (b) Neither formal words, such as “warranty” or “guarantee,” nor a specific intention to make a warranty, are necessary to create an express warranty of quality, but a statement purporting to be merely an opinion or commendation of the real estate or its value does not create a warranty. (c) Any conveyance of a unit transfers to the purchaser all express warranties of quality made by the declarant. (d) The warranties set out in this section are intended to supplement, not supersede or replace, any other statutory construction warranty requirements. To the extent that there is a conflict between such other statutory construction warranty requirements and this section, the provision most favorable to the purchaser shall prevail. 76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 91, §  82;
25 DE Code § 81-414. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 81. Delaware Uniform Common Interest Ownership Act|Subchapter IV. Protection of Purchasers|§ 81-414. Implied warranties of quality.

§ 81-414. Implied warranties of quality. (a) A declarant and any dealer warrants that a unit, other than a unit not yet constructed or under construction at the time of contracting, will be in at least as good condition at the earlier of the time of the conveyance or delivery of possession as it was at the time of contracting, reasonable wear and tear excepted. (b) A declarant and any dealer impliedly warrants that a unit and the common elements in the common interest community are suitable for the ordinary uses of real estate of its type and that any improvements made or contracted for by the declarant or dealer, or made by any person before the creation of the common interest community, will be:  (1) Free from defective materials; and (2) Constructed in accordance with applicable law, according to sound engineering and construction standards, and in a workmanlike manner. (c) A declarant and any dealer warrants to a purchaser of a unit that may be used for residential use that an existing use, continuation of which is contemplated by the parties, does not violate applicable law at the earlier of the time of conveyance or delivery of possession. (d) Warranties imposed by this section may be excluded or modified as specified in § 81-415 of this title. (e) For purposes of this section, improvements made or contracted for by an affiliate of a declarant are made or contracted for by the declarant. (f) Any conveyance of a unit transfers to the purchaser all of the declarant's implied warranties of quality. (g) The warranties set out in this section are intended to supplement, not supersede or replace, any other statutory construction warranty requirements. To the extent that there is a conflict between such other statutory construction warranty requirements and this section, the provision most favorable to the purchaser shall prevail. 76 Del. Laws, c. 422, §  2;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 91, §  82;
25 DE Code § 81-415. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 81. Delaware Uniform Common Interest Ownership Act|Subchapter IV. Protection of Purchasers|§ 81-415. Exclusion or modification of implied warranties of quality.

§ 81-415. Exclusion or modification of implied warranties of quality. (a) Except as limited by subsection (b) of this section with respect to a purchaser of a unit that may be used for residential use, implied warranties of quality:  (1) May be excluded or modified by agreement of the parties; and (2) Are excluded by expression of disclaimer, such as “as is,” “with all faults,” or other language that in common understanding calls the purchaser's attention to the exclusion of warranties. (b) With respect to a purchaser of a unit that may be occupied for residential use, no general disclaimer of implied warranties of quality is effective, but a declarant and any dealer may disclaim liability in an instrument signed by the purchaser for a specified defect or specified failure to comply with applicable law, if the defect or failure entered into and became a part of the basis of the bargain. (c) The warranty provided in § 81-414(b) of this title on a unit for residential use commences with the earlier of the time of the conveyance or the delivery of possession and extends for a period of 1 year. 76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 91, §  82;