reglab/housing_qa huggingface dataset:
25 DE Code § 81-206. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 81. Delaware Uniform Common Interest Ownership Act|Subchapter II. Creation, Alteration, and Termination of Common Interest|§ 81-206. Leasehold common interest communities.

§ 81-206. Leasehold common interest communities. (a) Any lease the expiration or termination of which may terminate the common interest community or reduce its size must be referenced in the declaration. Every lessor of those leases in a condominium or planned community shall sign the declaration. The declaration must state:  (1) The recording data for the lease; (2) The date on which the lease is scheduled to expire; (3) A legally sufficient description of the real estate subject to the lease; (4) Any right of the unit owners to redeem the reversion and the manner whereby those rights may be exercised, or a statement that they do not have those rights; (5) Any right of the unit owners to remove any improvements within a reasonable time after the expiration or termination of the lease, or a statement that they do not have those rights; and (6) Any rights of the unit owners to renew the lease and the conditions of any renewal, or a statement that they do not have those rights. (b) After the declaration for a leasehold condominium or leasehold planned community is recorded, neither the lessor nor the lessor's successor in interest may terminate the leasehold interest of a unit owner who makes timely payment of a unit owner's share of the rent and otherwise complies with all covenants which, if violated, would entitle the lessor to terminate the lease. A unit owner's leasehold interest in a condominium or planned community is not affected by failure of any other person to pay rent or fulfill any other covenant. (c) Acquisition of the leasehold interest of any unit owner by the owner of the reversion or remainder does not merge the leasehold and fee simple interests unless the leasehold interests of all unit owners subject to that reversion or remainder are acquired. (d) If the expiration or termination of a lease decreases the number of units in a common interest community, the allocated interests must be reallocated in accordance with § 81-107(a) of this title as if those units had been taken by eminent domain. Reallocations must be confirmed by an amendment to the declaration prepared, executed, and recorded by the association. 76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 4, §  12;  77 Del. Laws, c. 91, §  82;
25 DE Code § 81-207. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 81. Delaware Uniform Common Interest Ownership Act|Subchapter II. Creation, Alteration, and Termination of Common Interest|§ 81-207. Allocation of allocated interests.

§ 81-207. Allocation of allocated interests. (a) The declaration must allocate to each unit:  (1) In a condominium, a fraction or percentage of undivided interests in the common elements and a fraction or percentage of undivided interests in the common expenses of the association, and a portion of the votes in the association; (2) In a cooperative, an ownership interest in the association, a fraction or percentage of the common expenses of the association, and a portion of the votes in the association; and (3) In a planned community, a fraction or percentage of the common expenses of the association, and a portion of the votes in the association. (b) The declaration must state the formulas used to establish allocations of interests and the portions of the votes. Those allocations may not discriminate in favor of units owned by the declarant or an affiliate of the declarant. (c) If units may be added to or withdrawn from the common interest community, the declaration must state the formulas to be used to reallocate the allocated interests among all units included in the common interest community after the addition or withdrawal. (d) The declaration may provide: (i) that different allocations of votes shall be made to the units on particular matters specified in the declaration; (ii) for cumulative voting only for the purpose of electing members of the executive board; and (iii) for class voting on specified issues affecting the class if necessary to protect valid interests of the class. A declarant may not utilize cumulative or class voting for the purpose of evading any limitation imposed on declarants by this chapter nor may units constitute a class because they are owned by a declarant. (e) Except for minor variations due to rounding, the sum of the common expense liabilities and, in a condominium, the sum of the undivided interests in the common elements allocated at any time to all the units must each equal one if stated as a fraction or 100 percent if stated as a percentage. In the event of discrepancy between an allocated interest and the result derived from application of the pertinent formula, the allocated interest prevails. (f) In a condominium, the common elements are not subject to partition, and any purported conveyance, encumbrance, judicial sale, or other voluntary or involuntary transfer of an undivided interest in the common elements made without the unit to which that interest is allocated is void. (g) In a cooperative, any purported conveyance, encumbrance, judicial sale, or other voluntary or involuntary transfer of an ownership interest in the association made without the possessory interest in the unit to which that interest is related is void. 76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 91, §  82;
25 DE Code § 81-208. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 81. Delaware Uniform Common Interest Ownership Act|Subchapter II. Creation, Alteration, and Termination of Common Interest|§ 81-208. Limited common elements.

§ 81-208. Limited common elements. (a) Except for the limited common elements described in § 81-202(b) and (d) of this title, the declaration must specify to which unit or units each limited common element is allocated. An allocation may not be altered without the consent of the unit owners whose units are affected. (b) Except as the declaration otherwise provides, a limited common element may be reallocated by an amendment to the declaration executed by the unit owners between or among whose units the reallocation is made. The persons executing the amendment shall provide a copy thereof to the association, which shall record it. The amendment must be recorded in the names of the parties and the common interest community. (c) A common element not previously allocated as a limited common element may be so allocated only pursuant to provisions in the declaration made in accordance with § 81-205(a)(7) of this title. The allocations must be made by amendments to the declaration. 76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 91, §  82;
25 DE Code § 81-211. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 81. Delaware Uniform Common Interest Ownership Act|Subchapter II. Creation, Alteration, and Termination of Common Interest|§ 81-211. Alterations of units.

§ 81-211. Alterations of units. Subject to the provisions of the declaration and other provisions of law, a unit owner:  (a) May, upon written notice to the association specifying the improvements or alterations planned, make any improvements or alterations to that unit owner's unit that do not impair the structural integrity or mechanical systems or lessen the support of any portion of the common interest community; (b) May not change the appearance of the common elements, or the exterior appearance of a unit or any other portion of the common interest community, without permission of the association; (c) After acquiring an adjoining unit or an adjoining part of an adjoining unit, may, upon written notice to the association specifying the improvements or alteration planned, but without requiring permission of the association, remove or alter any intervening partition or create apertures therein, even if the partition in whole or in part is a common element, if those acts do not impair the structural integrity or mechanical systems or lessen the support of any portion of the common interest community. Removal of partitions or creation of apertures under this subsection is not an alteration of boundaries.76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 91, §  82;
25 DE Code § 81-212. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 81. Delaware Uniform Common Interest Ownership Act|Subchapter II. Creation, Alteration, and Termination of Common Interest|§ 81-212. Relocation of unit boundaries.

§ 81-212. Relocation of unit boundaries. (a) Subject to the provisions of the declaration and other provisions of law, the boundaries between adjoining units may be relocated by an amendment to the declaration upon application to the association by the owners of those units. If the owners of the adjoining units have specified a reallocation between their units of their allocated interests, the application must state the proposed reallocations. Unless the executive board determines, within 30 days, that the reallocations are unreasonable, the association shall prepare an amendment that identifies the units involved and states the reallocations. The amendment must be executed by those unit owners, contain words of conveyance between them, and, on recordation, be indexed in the name of the grantor and the grantee, and in the grantee's index in the name of the association. All costs associated with the relocation or any attempted relocation which fails or is denied, including reasonable attorney's and engineer's fees, shall be paid by the owners seeking the change. (b) Subject to the provisions of the declaration and other provisions of law, boundaries between units and common elements may be relocated to incorporate common elements within a unit by an amendment to the declaration upon application to the association by the owner of the unit who proposes to relocate a boundary. Unless the declaration provides otherwise, the amendment may be approved only if persons entitled to cast at least 67 percent of the votes in the association, including 67 percent of the votes allocated to units not owned by the declarant, agree to the action. The amendment may describe any fees or charges payable by the owner of the affected unit in connection with the boundary relocation. The fees and charges shall be assets of the association. The amendment must be executed by the unit owner of the unit whose boundary is being relocated and by the association, contain words of conveyance between them, and on recordation be indexed in the name of the unit owner and the association as grantor or grantee, as appropriate. All costs associated with the relocation or any attempted relocation which fails or is denied, including reasonable attorney's and engineer's fees, shall be paid by the owners seeking the change. (c) The association: (i) in a condominium or planned community shall prepare and record plats or plans necessary to show the altered boundaries of affected units, and their dimensions and identifying numbers, and (ii) in a cooperative shall prepare and record amendments to the declaration, including any plans, necessary to show or describe the altered boundaries of affected units, and their dimensions and identifying numbers. 76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 91, §  82;
25 DE Code § 81-213. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 81. Delaware Uniform Common Interest Ownership Act|Subchapter II. Creation, Alteration, and Termination of Common Interest|§ 81-213. Subdivision of units.

§ 81-213. Subdivision of units. (a) In a condominium or cooperative if the declaration expressly so permits and approval as noted herein is obtained in writing, a unit may be subdivided into 2 or more units. Subject to the provisions of the declaration, payment of all expenses by the unit owner and other provisions of law other than this chapter, upon application of a unit owner to subdivide a unit in a condominium or cooperative, the association shall prepare, execute, and record an amendment to the declaration, including in a condominium or planned community the plats and plans, subdividing that unit. (b) The amendment to the declaration must be executed by the owner of the unit to be subdivided, assign an identifying number to each unit created, and reallocate the allocated interests formerly allocated to the subdivided unit to the new units in any reasonable manner prescribed by the owner of the subdivided unit or on any other basis the declaration requires. 76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 91, §§  30, 31, 82;
25 DE Code § 81-214. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 81. Delaware Uniform Common Interest Ownership Act|Subchapter II. Creation, Alteration, and Termination of Common Interest|§ 81-214. Variations in boundaries.

§ 81-214. Variations in boundaries. The existing physical boundaries of a unit or a common element or the physical boundaries of a unit or a common element reconstructed in substantial accordance with the description contained in the original declaration are its legal boundaries, rather than the boundaries derived from the description contained in the original declaration, regardless of vertical or lateral movement of the building or minor variance between those boundaries and the boundaries derived from the description contained in the original declaration. This section does not relieve a unit owner of liability in case of the unit owner's wilful misconduct or relieve a declarant or any other person of liability for failure to adhere to any plats and plans or, in a cooperative, to any representation in the public offering statement. 76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 91, §  82;
25 DE Code § 81-215. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 81. Delaware Uniform Common Interest Ownership Act|Subchapter II. Creation, Alteration, and Termination of Common Interest|§ 81-215. Use for sales purposes.

§ 81-215. Use for sales purposes. A declarant may maintain sales offices, management offices, and models in units or on common elements in the common interest community only if the declaration so provides and specifies the rights of a declarant with regard to the number, size, location, and relocation thereof. In a cooperative or condominium, any sales office, management office, or model not designated a unit by the declaration is a common element. If a declarant ceases to be a unit owner, the declarant ceases to have any rights with regard thereto unless it is removed promptly from the common interest community in accordance with a right to remove reserved in the declaration. Subject to any limitations in the declaration, a declarant may maintain signs on the common elements advertising the common interest community. This section is subject to the provisions of other state law and to local ordinances. 76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 91, §  82;
25 DE Code § 81-216. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 81. Delaware Uniform Common Interest Ownership Act|Subchapter II. Creation, Alteration, and Termination of Common Interest|§ 81-216. Easement rights.

§ 81-216. Easement rights. (a) Subject to the provisions of the declaration, a declarant has an easement through the common elements as may be reasonably necessary for the purpose of discharging the declarant's obligations or exercising special declarant rights, whether arising under this chapter or reserved in the declaration. (b) Subject to §§ 81-302(a)(6) and 81-312 of this title, the unit owners have an easement in the common elements for purposes of access to their units. (c) Subject to the declaration and the rules, the unit owners have an easement to use the common elements and all real estate that must become common elements for the purposes for which they were intended. 76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 91, §§  32, 82;
25 DE Code § 81-219. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 81. Delaware Uniform Common Interest Ownership Act|Subchapter II. Creation, Alteration, and Termination of Common Interest|§ 81-219. Rights of secured lenders.

§ 81-219. Rights of secured lenders. (a) The declaration may require that all or a specified number or percentage of the lenders who hold security interests encumbering the units or who have extended credit to the association approve specified actions of the unit owners or the association as a condition to the effectiveness of those actions, but no requirement for approval may operate to: (i) deny or delegate control over the general administrative affairs of the association by the unit owners or the executive board, or (ii) prevent the association or the executive board from commencing, intervening in, or settling any litigation or proceeding, or (iii) prevent any insurance trustee or the association from receiving and distributing any insurance proceeds except pursuant to § 81-313 of this title. (b) A lender who has extended credit to an association secured by an assignment of income or an encumbrance on the common elements may enforce its security agreement in accordance with its terms, subject to the requirements of this chapter and other law. Requirements that the association must deposit its periodic common charges before default with the lender to which the association's income has been assigned, or increase its common charges at the lender's direction by amounts reasonably necessary to amortize the loan in accordance with its terms, do not violate the prohibitions on lender approval contained in subsection (a) of this section. 76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 91, §  82;
25 DE Code § 81-220. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 81. Delaware Uniform Common Interest Ownership Act|Subchapter II. Creation, Alteration, and Termination of Common Interest|§ 81-220. Master associations.

§ 81-220. Master associations. (a) If the declaration provides that any of the powers described in § 81-302 of this title are to be exercised by or may be delegated to a profit or nonprofit corporation that exercises those or other powers on behalf of one or more common interest communities or for the benefit of the unit owners of 1 or more common interest communities, all provisions of this chapter applicable to unit owners' associations apply to any such corporation, except as modified by this section. (b) Unless it is acting in the capacity of an association described in § 81-301 of this title, a master association may exercise the powers set forth in § 81-302(a)(2) of this title only to the extent expressly permitted in the declarations of common interest communities which are part of the master association or expressly described in the delegations of power from those common interest communities to the master association. (c) If the declaration of any common interest community provides that the executive board may delegate certain powers to a master association, the members of the executive board have no liability for the acts or omissions of the master association with respect to those powers following delegation. (d) The rights and responsibilities of unit owners with respect to the unit owners' association set forth in §§ 81-303, 81-308, 81-309, 81-310, and 81-312 of this title apply in the conduct of the affairs of a master association only to persons who elect the board of a master association, whether or not those persons are otherwise unit owners within the meaning of this chapter. (e) Even if a master association is also an association described in § 81-301 of this title, the certificate of incorporation or other instrument creating the master association and the declaration of each common interest community, the powers of which are assigned by the declaration or delegated to the master association, may provide that the executive board of the master association must be elected after the period of declarant control in any of the following ways:  (1) All unit owners of all common interest communities subject to the master association may elect all members of the master association's executive board. (2) All members of the executive boards of all common interest communities subject to the master association may elect all members of the master association's executive board. (3) All unit owners of each common interest community subject to the master association may elect specified members of the master association's executive board. (4) All members of the executive board of each common interest community subject to the master association may elect specified members of the master association's executive board.76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 91, §  82;
25 DE Code § 81-221. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 81. Delaware Uniform Common Interest Ownership Act|Subchapter II. Creation, Alteration, and Termination of Common Interest|§ 81-221. Merger or consolidation of common interest communities.

§ 81-221. Merger or consolidation of common interest communities. (a) Any 2 or more common interest communities of the same form of ownership, by agreement of the unit owners as provided in subsection (b) of this section, may be merged or consolidated into a single common interest community. In the event of a merger or consolidation, unless the agreement otherwise provides, the resultant common interest community is the legal successor, for all purposes, of all of the pre-existing common interest communities, and the operations and activities of all associations of the pre-existing common interest communities are merged or consolidated into a single association that holds all powers, rights, obligations, assets, and liabilities of all preexisting associations. (b) An agreement of 2 or more common interest communities to merge or consolidate pursuant to subsection (a) of this section must be evidenced by an agreement prepared, executed, recorded, and certified by the president of the association of each of the preexisting common interest communities following approval by owners of units to which are allocated the percentage of votes in each common interest community required to terminate that common interest community. The agreement must be recorded in every county in which a portion of the common interest community is located and is not effective until recorded. (c) Every merger or consolidation agreement must provide for the reallocation of the allocated interests in the new association among the units of the resultant common interest community either: (i) by stating the reallocations or the formulas upon which they are based or (ii) by stating the percentage of overall allocated interests of the new common interest community which are allocated to all of the units comprising each of the preexisting common interest communities, and providing that the portion of the percentages allocated to each unit formerly comprising a part of the pre-existing common interest community must be equal to the percentages of allocated interests allocated to that unit by the declaration of the preexisting common interest community. 76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 91, §  82;
25 DE Code § 81-222. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 81. Delaware Uniform Common Interest Ownership Act|Subchapter II. Creation, Alteration, and Termination of Common Interest|§ 81-222. Addition of unspecified real estate.

§ 81-222. Addition of unspecified real estate. In a planned community, if the right is originally reserved in the declaration, the declarant in addition to any other development right, may amend the declaration at any time during as many years as are specified in the declaration for adding additional real estate to the planned community without describing the location of that real estate in the original declaration; but, the amount of real estate added to the planned community pursuant to this section may not exceed 10 percent of the real estate described in § 81-205(a)(3) of this title and the declarant may not in any event increase the number of units in the planned community beyond the number stated in the original declaration pursuant to § 81-205(a)(5) of this title. 76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 91, §  82;