reglab/housing_qa huggingface dataset:
25 DE Code § 81-111. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 81. Delaware Uniform Common Interest Ownership Act|Subchapter I. General Provisions|§ 81-111. Severability.

§ 81-111. Severability. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provisions or applications, and to this end the provisions of this chapter are severable. 76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 91, §  82;
25 DE Code § 81-112. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 81. Delaware Uniform Common Interest Ownership Act|Subchapter I. General Provisions|§ 81-112. Unconscionable agreement or term of contract.

§ 81-112. Unconscionable agreement or term of contract. (a) The court, upon finding as a matter of law that a contract or contract clause was unconscionable at the time the contract was made, may refuse to enforce the contract, enforce the remainder of the contract without the unconscionable clause, or limit the application of any unconscionable clause in order to avoid an unconscionable result. (b) Whenever it is claimed, or appears to the court, that a contract or any contract clause is or may be unconscionable, the parties, in order to aid the court in making the determination, must be afforded a reasonable opportunity to present evidence as to:  (1) The commercial setting of the negotiations; (2) Whether a party has knowingly taken advantage of the inability of the other party reasonably to protect that party's interests by reason of physical or mental infirmity, illiteracy, inability to understand the language of the agreement, or similar factors; (3) The effect and purpose of the contract or clause; and (4) If a sale, any gross disparity, at the time of contracting, between the amount charged for the property and the value of that property measured by the price at which similar property was readily obtainable in similar transactions. A disparity between the contract price and the value of the property measured by the price at which similar property was readily obtainable in similar transactions does not, of itself, render the contract unconscionable.76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 91, §  82;
25 DE Code § 81-113. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 81. Delaware Uniform Common Interest Ownership Act|Subchapter I. General Provisions|§ 81-113. Obligation of good faith.

§ 81-113. Obligation of good faith. Every contract or duty governed by this chapter imposes an obligation of good faith in its performance or enforcement. 76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 91, §  82;
25 DE Code § 81-114. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 81. Delaware Uniform Common Interest Ownership Act|Subchapter I. General Provisions|§ 81-114. Remedies to be liberally administered.

§ 81-114. Remedies to be liberally administered. (a) The remedies provided by this chapter shall be liberally administered to the end that the aggrieved party is put in as good a position as if the other party had fully performed. However, consequential, special, or punitive damages may not be awarded except as specifically provided in this chapter or by other rule of law. (b) Any right or obligation declared by this chapter is enforceable by judicial proceeding. 76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 91, §  82;
25 DE Code § 81-115. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 81. Delaware Uniform Common Interest Ownership Act|Subchapter I. General Provisions|§ 81-115. Relation to Electronic Signatures in Global and National Commerce Act.

§ 81-115. Relation to Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits and supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001, et seq.) but does not modify, limit or supersede § 101(c) of that act (15 U.S.C. § 7001(c)) or authorize electronic delivery of any of the notices described in § 103(b) of that act (15 U.S.C. § 7003(b)). 76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 4, §§  5-7;  77 Del. Laws, c. 91, §§  13, 82;
25 DE Code § 81-116. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 81. Delaware Uniform Common Interest Ownership Act|Subchapter I. General Provisions|§ 81-116. Applicability to new common interest communities; effective date.

§ 81-116. Applicability to new common interest communities; effective date. (a) Except as provided in this subchapter, this chapter applies to all common interest communities created within this State after the effective date that are not excepted from this chapter by the provisions of this chapter. The provisions of the Unit Property Act (Chapter 22 of this title) do not apply to common interest communities created after the effective date except for those governed by §§ 81-117 and 81-118 of this title and those others that are otherwise excepted from this chapter by the provisions of this chapter including nonresidential common interest communities. Amendments to this chapter apply to all common interest communities created after the effective date, or subjected to this chapter, regardless of when the amendment is adopted. (b) The effective date of this chapter shall be September 30, 2009. All references in this Chapter 81 to the date of October 31, 2008, were deleted and replaced with the aforementioned effective date, except as provided in this section. (c) Actions taken in reliance upon DUCIOA as effective on October 31, 2008, shall not be invalidated by the amendment of the effective date to September 30, 2009. (d) Anything to the contrary in this chapter notwithstanding, compliance with DUCIOA was not intended to be required, and shall not be required, until September 30, 2009, subject to the provisions of subsection (c) of this section above. (e) Any amendment or amendment and restatement of the declaration of a preexisting common interest community does not affect the status of that preexisting common interest community as excepted from some or all of this chapter as provided in this chapter. 76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 4, §  8;  77 Del. Laws, c. 91, §§  14, 82;  77 Del. Laws, c. 364, §§  1, 2;  83 Del. Laws, c. 173, § 2;
25 DE Code § 81-117. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 81. Delaware Uniform Common Interest Ownership Act|Subchapter I. General Provisions|§ 81-117. Exception for small condominiums and cooperatives.

§ 81-117. Exception for small condominiums and cooperatives. If a condominium or cooperative contains no more than 20 units and is not subject to any development rights expanding it to include more than 20 units, it is subject only to §§ 81-106 (Applicability of local ordinances, regulations, and building codes) and 81-107 of this title (Eminent domain), but to no other sections of this chapter unless the declaration provides that the entire chapter is applicable. The bylaws of any such condominium or cooperative, and any amendments thereto, shall be recorded. 76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 91, §§  15, 82;  77 Del. Laws, c. 364, §  3;
25 DE Code § 81-118. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 81. Delaware Uniform Common Interest Ownership Act|Subchapter I. General Provisions|§ 81-118. Exception for small and limited expense liability planned communities.

§ 81-118. Exception for small and limited expense liability planned communities. (a) If a planned community:  (1) Contains no more than 20 units and is not subject to any developmental rights expanding it to include more than 20 units; or (2) Provides, in its declaration, that during the period of declarant control the annual average common expense liability of each unit restricted to residential purposes, exclusive of optional user fees and any insurance premiums paid by the association, may not exceed $500, as adjusted pursuant to paragraph (b)(2) of this section, it is subject only to §§ 81-105 (Separate titles and taxation), 81-106 (Applicability of local ordinances, regulations, and building codes), and 81-107 of this title (Eminent domain), but to no other sections of this chapter unless the declaration provides that this entire chapter is applicable. The bylaws of any such planned community, and any amendments thereto, shall be recorded. (b) The exemption provided in paragraph (a)(2) of this section applies only if:  (1) The declarant reasonably believes in good faith that the maximum stated assessment will be sufficient to pay the expenses of the planned community; and (2) The declaration provides that the assessment may not be increased during the period of declarant control without the consent of all unit owners; except that commencing with the July 1 next following the effective date of this chapter and each July 1 thereafter during the period of declarant control, the assessment specified in the declaration may be increased by an amount not in excess of 3 percent over the amount so calculated for the previous year.76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 91, §§  16, 17, 81, 82;  77 Del. Laws, c. 364, §  4;
25 DE Code § 81-120. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 81. Delaware Uniform Common Interest Ownership Act|Subchapter I. General Provisions|§ 81-120. Exception for small preexisting cooperatives and planned communities.

§ 81-120. Exception for small preexisting cooperatives and planned communities. If a cooperative or planned community created within this State before the effective date of this chapter, contains no more than 20 units and is not subject to any development rights expanding it to include more than 20 units, or the annual average common expense liability of each unit restricted to residential purposes, exclusive of optional user fees and any insurance premiums paid by the association, does not exceed $500, as adjusted pursuant to this section, it is subject only to §§ 81-105 (Separate titles and taxation), 81-106 (Applicability of local ordinances, regulations, and building codes), and 81-107 of this title (Eminent domain), but to no other sections of this chapter unless the declaration is amended in conformity with applicable law and with the procedures and requirements of the declaration to take advantage of the provisions of §§ 81-121 of this title, in which case all the sections enumerated in § 81-119 of this title apply to that cooperative or planned community. Commencing with the July 1 next following the effective date of this chapter and each July 1 thereafter, the $500 maximum assessment specified in this section may be increased by an amount not in excess of 3 percent over the amount so calculated for the previous year. The bylaws of any such cooperative or planned community, and any amendments thereto, shall be recorded. 76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 91, §§  19, 82;  77 Del. Laws, c. 364, §  6;
25 DE Code § 81-121. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 81. Delaware Uniform Common Interest Ownership Act|Subchapter I. General Provisions|§ 81-121. Amendments to governing instruments.

§ 81-121. Amendments to governing instruments. (a) The declaration, bylaws, or plats and plans of any common interest community created before the effective date of this chapter, may be amended to achieve any result permitted by this chapter, regardless of what applicable law provided before this chapter was adopted. (b) An amendment to the declaration, bylaws, or plats and plans authorized by this section must be adopted and recorded in conformity with any procedures and requirements for amending the instruments specified by those instruments or, if there are none, in conformity with the amendment procedures of this chapter. If an amendment grants to any person any rights, powers, or privileges permitted by this chapter, all correlative obligations, liabilities, and restrictions in this chapter also apply to that person. 76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 91, §§  20, 82;
25 DE Code § 81-122. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 81. Delaware Uniform Common Interest Ownership Act|Subchapter I. General Provisions|§ 81-122. Applicability to nonresidential and mixed-use common interest communities.

§ 81-122. Applicability to nonresidential and mixed-use common interest communities. (a) Except as provided in subsection (e) of this section, this section applies only to nonresidential common interest communities. (b) A nonresidential common interest community is not subject to this chapter unless the declaration otherwise provides. (c) The declaration of a nonresidential common interest community may provide that the entire chapter applies to the community or that only certain identified sections apply. (d) If the entire chapter applies to a nonresidential common interest community, the declaration may also require, subject to § 81-112 of this title (Unconscionable agreement or term of contract), that:  (1) Notwithstanding § 81-305 of this title (Termination of contracts and leases of declarant), any management contract, employment contract, lease of recreational or parking areas or facilities, and any other contract or lease between the association and a declarant or an affiliate of a declarant continues in force after the declarant turns over control of the association; and (2) Notwithstanding § 81-104 of this title (Variation by agreement), purchasers of units must execute proxies, powers of attorney, or similar devices in favor of the declarant regarding particular matters enumerated in those instruments. (e) A common interest community that contains units restricted exclusively to nonresidential purposes and other units that may be used for residential purposes is not subject to this chapter unless the units that may be used for residential purposes would comprise a common interest community in the absence of the nonresidential units or the declaration provides that this chapter applies as provided in subsection (c) or (d) of this section. Nothing herein shall prevent the establishment of a common interest community for residential purposes and a nonresidential common interest community for the same real estate. 76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 91, §  82;
25 DE Code § 81-123. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 81. Delaware Uniform Common Interest Ownership Act|Subchapter I. General Provisions|§ 81-123. Applicability to out-of-state common interest communities.

§ 81-123. Applicability to out-of-state common interest communities. This chapter does not apply to common interest communities or units located outside this State, but the public offering statement provisions in subchapter IV of this chapter apply to all contracts for the disposition thereof signed in this State by any party unless exempt under § 81-401 of this title. 76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 91, §  82;
25 DE Code § 81-124. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 81. Delaware Uniform Common Interest Ownership Act|Subchapter I. General Provisions|§ 81-124. Applicability to continuing care common interest communities.

§ 81-124. Applicability to continuing care common interest communities. Anything to the contrary in this chapter notwithstanding, this chapter does not apply to any condominium, cooperative or other common interest community created in this State before October 31, 2008, that is a continuing care facility governed by the Delaware Life-Care Registration Act (§ 4601 et seq. of Title 18) as of October 31, 2008. Such condominium, cooperative or other common interest community shall continue to be governed solely by the Unit Property Act [Chapter 22 of this title] or other statutes in effect prior to October 31, 2008, and applicable to such common interest community. 76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 91, §  82;
25 DE Code § 81-125. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 81. Delaware Uniform Common Interest Ownership Act|Subchapter I. General Provisions|§ 81-125. Additional exceptions for preexisting common interest communities or approved common interest communities.

§ 81-125. Additional exceptions for preexisting common interest communities or approved common interest communities. Anything to the contrary in this chapter notwithstanding, an approved common interest community shall be treated under this chapter in the same manner as a preexisting common interest community. 77 Del. Laws, c. 4, §  10;  77 Del. Laws, c. 91, §  82;
25 DE Code § 81-126. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 81. Delaware Uniform Common Interest Ownership Act|Subchapter I. General Provisions|§ 81-126. Transition period for existing contracts prior to effective date.

§ 81-126. Transition period for existing contracts prior to effective date. Anything to the contrary in this chapter notwithstanding, any declarant, dealer, or unit owner may, but shall not be obligated to, comply with the provisions of subchapter IV of this chapter regarding public offering statements and resale certificates with respect to any contract of sale executed prior to the effective date. 77 Del. Laws, c. 4, §  11;  77 Del. Laws, c. 91, §  82;
25 DE Code § 81-127. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 81. Delaware Uniform Common Interest Ownership Act|Subchapter I. General Provisions|§ 81-127. Notice.

§ 81-127. Notice. (a) Unless otherwise required or permitted by the declaration or bylaws, the following methods of giving notice suffice when notice is required: (i) hand delivered to the unit owner or other intended recipient; (ii) sent prepaid by United States mail to the mailing address of each unit or other intended recipient, unless that person has designated in writing a different mailing address in which case it shall be sent to the designated address; or (iii) sent by electronic means in the manner described in subsection (b) of this section. (b) An association provides effective notice by electronic means if the unit owner gives the association prior written authorization to provide that notice, together with an electronic address. (c) The ineffectiveness of a good faith effort to deliver notice by any authorized means does not invalidate action taken at a meeting or in lieu of a meeting. 77 Del. Laws, c. 91, §  21;
25 DE Code § 81-201. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 81. Delaware Uniform Common Interest Ownership Act|Subchapter II. Creation, Alteration, and Termination of Common Interest|§ 81-201. Creation of common interest communities.

§ 81-201. Creation of common interest communities. (a) A common interest community may be created pursuant to this chapter only by recording a declaration executed in the same manner as a deed and, in a cooperative, by conveying the real estate subject to that declaration to the association. The declaration and bylaws must be recorded in every county in which any portion of the common interest community is located and must be indexed in the grantee's index in the name of the common interest community and the association and in the grantor's index in the name of each person executing the declaration. (b) In a condominium, a declaration, or an amendment to a declaration, adding units that are contained in or comprised by buildings may not be recorded unless the structural components and mechanical systems of any buildings containing or comprising any units thereby created, if any, are substantially completed in accordance with the plans, as evidenced by a record certification of completion executed by an independent registered engineer or architect, which may be incorporated in the recorded declaration or amendment or the recorded plat or otherwise, or by the issuance by the appropriate governmental authority of a certificate of occupancy, or its equivalent, for the applicable unit. 76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 91, §§  22, 82;
25 DE Code § 81-202. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 81. Delaware Uniform Common Interest Ownership Act|Subchapter II. Creation, Alteration, and Termination of Common Interest|§ 81-202. Unit boundaries.

§ 81-202. Unit boundaries. Except as provided by the declaration:  (a) If walls, floors, or ceilings are designated as boundaries of a unit, all lath, furring, wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, finished flooring, and any other materials constituting any part of the finished surfaces thereof are a part of the unit, and all other portions of the walls, floors, or ceilings are a part of the common elements. (b) If any chute, flue, duct, wire, conduit, bearing wall, bearing column, or any other fixture lies partially within and partially outside the designated boundaries of a unit, any portion thereof serving only that unit is a limited common element allocated solely to that unit, and any portion thereof serving more than 1 unit or any portion of the common elements is a part of the common elements. (c) Subject to subsection (b) of this section, all spaces, interior partitions, and other fixtures and improvements within the boundaries of a unit are a part of the unit. (d) Any shutters, awnings, window boxes, doorsteps, stoops, porches, balconies, patios, and all exterior doors and windows or other fixtures designed to serve a single unit, but located outside the unit's boundaries, are limited common elements allocated exclusively to that unit.76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 91, §  82;
25 DE Code § 81-203. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 81. Delaware Uniform Common Interest Ownership Act|Subchapter II. Creation, Alteration, and Termination of Common Interest|§ 81-203. Construction and validity of declaration and bylaws.

§ 81-203. Construction and validity of declaration and bylaws. (a) All provisions of the declaration and bylaws are severable. (b) The rule against perpetuities does not apply to defeat any provision of the declaration, bylaws or rules. (c) In the event of a conflict between the provisions of the declaration and the bylaws, the declaration prevails. (d) Title to a unit and common elements is not rendered unmarketable or otherwise affected by reason of an insubstantial failure of the declaration to comply with this chapter. Whether a substantial failure impairs marketability is not affected by this chapter. 76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 91, §§  23, 24, 82;
25 DE Code § 81-204. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 81. Delaware Uniform Common Interest Ownership Act|Subchapter II. Creation, Alteration, and Termination of Common Interest|§ 81-204. Description of units.

§ 81-204. Description of units. A description of a unit which sets forth the name of the common interest community, the recording data for the declaration, the county in which the common interest community is located, and the identifying number of the unit, is a legally sufficient description of that unit and all rights, obligations, and interests appurtenant to that unit which were created by the declaration or bylaws. 76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 91, §  82;