reglab/housing_qa huggingface dataset:
25 DE Code § 81-223. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 81. Delaware Uniform Common Interest Ownership Act|Subchapter II. Creation, Alteration, and Termination of Common Interest|§ 81-223. Master planned communities.

§ 81-223. Master planned communities. (a) The declaration for a common interest community may state that it is a master planned community if the declarant has reserved the development right to create at least 400 units that may be used for residential purposes, and at the time of the reservation that declarant owns or controls more than 400 acres on which the units may be built. (b) If the requirements of subsection (a) of this section are satisfied, the declaration for the master planned community need not state a maximum number of units and need not contain any of the information required by § 81-205(a)(3) through (14) of this title until the declaration is amended under subsection (c) of this section. (c) When each unit in a master planned community is conveyed to a purchaser, the declaration must contain: (i) a sufficient legal description of the unit and all portions of the master planned community in which any other units have been conveyed to a purchaser; and (ii) all the information required by § 81-205(a)(3) through (14) of this title with respect to that real estate. (d) The only real estate in a master planned community which is subject to this chapter is units that have been declared or which are being offered for sale and any other real estate described pursuant to subsection (c) of this section. Other real estate that is or may become part of the master planned community is only subject to other law and to any other restrictions and limitations that appear of record. (e) If the public offering statement conspicuously identifies the fact that the community is a master planned community, the disclosure requirements contained in subchapter IV of this chapter apply only with respect to units that have been declared or are being offered for sale in connection with the public offering statement and to the real estate described pursuant to subsection (c) of this section. (f) Limitations in this chapter on the addition of unspecified real estate do not apply to a master planned community. (g) The period of declarant control of the association for a master planned community terminates in accordance with any conditions specified in the declaration or otherwise at the time the declarant, in a recorded instrument and after giving written notice to all the unit owners, voluntarily surrenders all rights to control the activities of the association. 76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 91, §  82;
25 DE Code § 81-224. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 81. Delaware Uniform Common Interest Ownership Act|Subchapter II. Creation, Alteration, and Termination of Common Interest|§ 81-224. Other exempt real estate arrangements.

§ 81-224. Other exempt real estate arrangements. (a) An agreement between two or more common interest communities to share the costs of real estate taxes, insurance premiums, services, maintenance or improvements of real estate or other activities specified in their agreement or declarations does not create a separate common interest community unless the cost sharing agreement was intended to evade the limitations of this chapter. If the declarants of those common interest communities are affiliates, the agreement may not unreasonably allocate the costs among those common interest communities. (b) An agreement between an association for a common interest community and the owner of real estate that is not part of that common interest community to share the costs of real estate taxes, insurance premiums, services, maintenance or improvements of real estate or other activities specified in their agreement does not create a separate common interest community so long as the assessments against the units in the common interest community are included in the periodic budget for the common interest community and are subject to unit owner approval under § 81-324 of this title. (c) An arrangement between 2 separately owned parcels of real estate for sharing costs associated with a common law party wall, shared driveway or shared well does not create a common interest community. 76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 91, §  82;
25 DE Code § 81-225. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 81. Delaware Uniform Common Interest Ownership Act|Subchapter II. Creation, Alteration, and Termination of Common Interest|§ 81-225. Termination following catastrophe.

§ 81-225. Termination following catastrophe. If substantially all the units in a common interest community have been destroyed or are uninhabitable and the available methods for giving notice for a meeting of unit owners to consider termination under § 81-218 of this title will not likely result in receipt of the notice, the executive board or any other interested person may commence an action in the Court of Chancery of the State of Delaware seeking to terminate the common interest community. During the pendency of the action, the Court may enter whatever orders it considers appropriate, including appointment of a receiver. After a hearing, the court may terminate the common interest community or reduce its size and may enter into any other order the court considers to be in the best interest of the unit owners and persons holding an interest in the common interest community. 77 Del. Laws, c. 91, §  37;
25 DE Code § 81-301. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 81. Delaware Uniform Common Interest Ownership Act|Subchapter III. Management of the Common Interest Community|§ 81-301. Organization of unit owners' association.

§ 81-301. Organization of unit owners' association. A unit owners' association must be organized no later than the date the first unit in the common interest community is conveyed. The association must have an executive board and the membership of the association at all times consists exclusively of all unit owners or, following termination of the common interest community, of all former unit owners entitled to distributions of proceeds under § 81-218 of this title or their heirs, successors, or assigns. The association may be organized as a profit or nonprofit unincorporated association, corporation, trust, limited liability company or other lawful form of legal entity authorized by the laws of this State. 76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 91, §  82;
25 DE Code § 81-305. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 81. Delaware Uniform Common Interest Ownership Act|Subchapter III. Management of the Common Interest Community|§ 81-305. Termination of contracts and leases of declarant.

§ 81-305. Termination of contracts and leases of declarant. Except as provided in § 81-122 of this title, if entered into before the executive board elected by the unit owners pursuant to § 81-303(f) of this title takes office: (i) any management contract, employment contract, or lease of recreational or parking areas or facilities, (ii) any other contract or lease between the association and a declarant or an affiliate of a declarant, or (iii) any contract or lease that is not bona fide or was unconscionable to the unit owners at the time entered into under the circumstances then prevailing, may be terminated without penalty by the association at any time after the executive board elected by the unit owners pursuant to § 81-303(f) of this title takes office upon not less than 90 days' notice to the other party. This section does not apply to: (i) any lease the termination of which would terminate the common interest community or reduce its size, unless the real estate subject to that lease was included in the common interest community for the purpose of avoiding the right of the association to terminate a lease under this section, or (ii) a proprietary lease. 76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 91, §  82;
25 DE Code § 81-306. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 81. Delaware Uniform Common Interest Ownership Act|Subchapter III. Management of the Common Interest Community|§ 81-306. Bylaws.

§ 81-306. Bylaws. (a) The bylaws of the association must provide for:  (1) The number of members of the executive board and the titles of the officers of the association; (2) Election by the executive board, or if the declaration so requires by the unit owners, of a president, treasurer, secretary, and any other officers of the association specified in the bylaws; (3) The qualifications, powers and duties, terms of office, and manner of electing and removing executive board members and officers and filling vacancies; (4) Which of its powers the executive board or officers may delegate to other persons or to a managing agent; (5) Which of its officers may prepare, execute, certify, and record amendments to the declaration on behalf of the association; (6) For an association for a condominium or cooperative with more than 50 unit owners, an independent audit by a licensed certified public accounting firm of the financial records of the association to be performed no less frequently than once every 3 years and for each intervening year a review (instead of a full audit) by an independent accountant which need not be conducted by a certified public accounting firm, provided that where an association of fewer than 100 unit owners so decides by duly adopted resolution, the audit requirement may be satisfied by a review (instead of a full audit) by an independent accountant which need not be conducted by a certified public accounting firm; (7) A method for amending the bylaws by the unit owners; (8) Any provisions that may be necessary to satisfy requirements in this chapter or the declaration concerning meetings, voting, quorums and other matters concerning the activities of the association; and (9) Any other matters required by the laws of this State to appear in the bylaws of legal entities organized in the same manner as the association. (b) (1) Subject to the provisions of the declaration, the bylaws may provide for any other matters the association deems necessary and appropriate unless the declaration or this chapter requires that those provisions appear in the declaration. (2) The bylaws of any condominium or cooperative common interest community may expressly require that all unit owners designate the unit owners' association for such community as a third party to receive notification of a termination of utility service under any third-party notification program maintained by a gas or electricity utility pursuant to § 117(b) of Title 26.76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 91, §§  44, 82;  80 Del. Laws, c. 185, §  1;
25 DE Code § 81-307. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 81. Delaware Uniform Common Interest Ownership Act|Subchapter III. Management of the Common Interest Community|§ 81-307. Upkeep of common interest community.

§ 81-307. Upkeep of common interest community. (a) Except to the extent provided by the declaration, subsection (b) of this section, or § 81-313(h) of this title, the association, through its executive board, is responsible for maintenance, repair, and replacement of the common elements, and each unit owner is responsible for maintenance, repair, and replacement of the unit owner's unit. Each unit owner shall afford to the association and the other unit owners, and to their agents or employees, as designated by the executive board, access through the unit owner's unit reasonably necessary for those purposes. If damage is inflicted on the common elements or on any unit through which access is taken, the unit owner responsible for the damage, or the association if it is responsible, is liable for the prompt repair thereof. Each unit owner is likewise responsible for the costs, as determined by the association, associated with the maintenance, repair and replacement of limited common elements appurtenant to the unit owner's unit or for the prorated expense if the limited common element is associated with more than one unit. The executive board shall determine when and to what extent such maintenance, repair and replacement shall be required. (b) In addition to the liability that a declarant as a unit owner has under this chapter, the declarant alone is liable for all expenses in connection with real estate subject to development rights. No other unit owner and no other portion of the common interest community is subject to a claim for payment of those expenses. Unless the declaration provides otherwise, any income or proceeds from real estate subject to development rights inures to the declarant. (c) In a planned community, if all development rights have expired with respect to any real estate, the declarant remains liable for all expenses of that real estate unless, upon expiration, the declaration provides that the real estate becomes common elements or units. 76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 91, §  82;
25 DE Code § 81-308. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 81. Delaware Uniform Common Interest Ownership Act|Subchapter III. Management of the Common Interest Community|§ 81-308. Unit owner meetings.

§ 81-308. Unit owner meetings. A meeting of the association must be held at least once each year. Special meetings of the association may be called by the president, a majority of the executive board, or by unit owners having at least 20 percent, or any lower percentage specified in the bylaws, of the votes in the association. Except in cases of emergency meetings, which may be held without prior notice, not fewer than 10 nor more than 60 days in advance of any regular or special meeting of the unit owners, the secretary or other officer specified in the bylaws shall cause notice of that meeting to be delivered to each unit owner by any means described in § 81-127 of this title or sent prepaid by United States mail to any mailing address designated in writing by the unit owner. The notice of any meeting must state the time and place of the meeting and the items on the agenda, or must state the website address where the agenda is located as provided in this section including: (i) a statement of the general nature of any proposed amendment to the declaration or bylaws; (ii) a statement that in the absence of objection from any unit owner present at the meeting, the president may add items to the agenda; (iii) any budget changes; and (iv) any proposal to remove an officer or member of the executive board. The agenda may be posted on the website of the association, in lieu of being included in the notice, provided that the association shall, by any means described in § 81-127 of this title, furnish to any unit owner who so requests a copy of the agenda prior to the meeting. Regardless of the agenda, unit owners shall be given a reasonable opportunity at any meeting to offer comments to the executive board regarding any matter affecting the common interest community. If the association does not notify unit owners of a special meeting within 30 days after the requisite number or percentage of unit owners requested the secretary to do so, the requesting members may directly notify all the unit owners of that meeting. Only matters described in the meeting notice required by this section may be considered at a special meeting. 76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 91, §§  45, 82;
25 DE Code § 81-309. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 81. Delaware Uniform Common Interest Ownership Act|Subchapter III. Management of the Common Interest Community|§ 81-309. Quorums.

§ 81-309. Quorums. (a) Unless the bylaws provide otherwise, a quorum is present throughout any meeting of the association if:  (1) Persons entitled to cast at least 20 percent of the votes in the association are present in person, by proxy or by ballot at the beginning of the meeting, provided that at least 25 percent of the unit owners not related to the declarant are present; or (2) Ballots solicited in accordance with § 81-310(f) of this title are delivered to the secretary in a timely manner by persons who, together with those persons present in person or by proxy or ballot at the beginning of the meeting, would comprise a quorum for that meeting. (b) Unless the bylaws provide otherwise, a quorum is present throughout any meeting of the executive board if persons entitled to cast a majority of the votes on that board are present throughout the meeting. 76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 91, §  82;
25 DE Code § 81-311. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 81. Delaware Uniform Common Interest Ownership Act|Subchapter III. Management of the Common Interest Community|§ 81-311. Tort and contract liability; tolling of limitation period.

§ 81-311. Tort and contract liability; tolling of limitation period. (a) A unit owner is not liable, solely by reason of being a unit owner, for an injury or damage arising out of the condition or use of the common elements. Neither the association nor any unit owner except the declarant is liable for that declarant's torts in connection with any part of the common interest community which that declarant has the responsibility to maintain. (b) An action alleging a wrong done by the association, including an action arising out of the condition or use of the common elements, may be maintained only against the association and not against any unit owner. If the wrong occurred during any period of declarant control and the association gives the declarant reasonable notice of and an opportunity to defend against the action, the declarant who then controlled the association is liable to the association or to any unit owner for: (i) all tort losses not covered by insurance suffered by the association or that unit owner, and (ii) all costs that the association would not have incurred but for a breach of contract or other wrongful act or omission. Whenever the declarant is liable to the association under this section, the declarant is also liable for all expenses of litigation, including reasonable attorney's fees, incurred by the association. (c) Except as provided in § 81-416(d) of this title with respect to warranty claims, any statute of limitation affecting the association's right of action against a declarant under this chapter is tolled until the period of declarant control terminates. A unit owner is not precluded from maintaining an action contemplated by this section because that person is a unit owner or a member or officer of the association. Liens resulting from judgments against the association are governed by § 81-317 of this title. 76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 91, §  82;
25 DE Code § 81-314. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 81. Delaware Uniform Common Interest Ownership Act|Subchapter III. Management of the Common Interest Community|§ 81-314. Surplus funds.

§ 81-314. Surplus funds. Unless otherwise provided in the declaration, any surplus funds of the association remaining after payment of or provision for common expenses and any prepayment of reserves must be paid annually to the unit owners in proportion to their common expense liabilities or credited to them to reduce their future common expense assessments. 76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 91, §  82;
25 DE Code § 81-317. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 81. Delaware Uniform Common Interest Ownership Act|Subchapter III. Management of the Common Interest Community|§ 81-317. Other liens.

§ 81-317. Other liens. (a) In a condominium or planned community:  (1) Except as provided in paragraph (a)(2) of this section, a judgment for money against the association if recorded or docketed, is not a lien on the common elements, but is a lien in favor of the judgment lien holder only against all units owned by the association and other real property owned by the association. No property of a unit owner is subject to the claims of creditors of the association. (2) If the association has granted a security interest in the common elements to a creditor of the association pursuant to § 81-312 of this title, the holder of that security interest shall exercise its right against the common elements before its judgment lien on any unit may be enforced. (3) Whether perfected before or after the creation of the common interest community, if a lien, other than a deed of trust or mortgage (including a judgment lien or lien attributable to work performed or materials supplied before creation of the common interest community), becomes effective against 2 or more units, the unit owner of an affected unit may pay to the lien holder the amount of the lien attributable to the unit owner's unit, and the lien holder, upon receipt of payment, promptly shall deliver a release of the lien covering that unit. The amount of the payment must be proportionate to the ratio which that unit owner's common expense liability bears to the common expense liabilities of all unit owners whose units are subject to the lien. After payment, the association may not assess or have a lien against that unit owner's unit for any portion of the common expenses incurred in connection with that lien. (4) A judgment against the association must be indexed in the name of the common interest community and the association and, when so indexed, is notice of the lien against the units. (b) In a cooperative:  (1) If the association receives notice of an impending foreclosure on all or any portion of the association's real estate, the association shall promptly transmit a copy of that notice to each unit owner of a unit located within the real estate to be foreclosed. Failure of the association to transmit the notice does not affect the validity of the foreclosure. (2) Whether or not a unit owner's unit is subject to the claims of the association's creditors, no other property of a unit owner is subject to those claims.76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 91, §§  53, 82;
25 DE Code § 81-319. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 81. Delaware Uniform Common Interest Ownership Act|Subchapter III. Management of the Common Interest Community|§ 81-319. Association as trustee.

§ 81-319. Association as trustee. With respect to a third person dealing with the association in the association's capacity as a trustee, the existence of trust powers and their proper exercise by the association may be assumed without inquiry. A third person is not bound to inquire whether the association has power to act as trustee or is properly exercising trust powers. A third person, without actual knowledge that the association is exceeding or improperly exercising its powers, is fully protected in dealing with the association as if it possessed and properly exercised the powers it purports to exercise. A third person is not bound to assure the proper application of trust assets paid or delivered to the association in its capacity as trustee. 76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 91, §  82;