reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 25 - Property › Chapter 71. CONVERSION OF MANUFACTURED HOME COMMUNITIES TO MANUFACTURED HOME CONDOMINIUM OR COOPERATIVE COMMUNITIES › § 7112. Eviction; access to comparable housing.

§ 7112. Eviction; access to comparable housing.
(a) Where, at the conclusion of the grace period, a tenant is evicted by order of court solely as a result of the conversion, the owner shall pay for all expenses incurred by such tenant in moving into the tenant's new residence. If the new residence is in a manufactured home community, such expenses shall include all “setting up” expenses, including connections to all utilities.
(b) Within 18 full months after receiving final notice any tenant may request that the owner provide a list of available comparable housing or comparable manufactured home sites and a reasonable opportunity to examine and rent such comparable housing or manufactured home site.
(c) After the expiration of the 3-year period, the owner may institute an action in the Superior Court for the eviction of any tenant or tenants who still have manufactured homes within the community or who otherwise have continued to reside within the community; or a tenant, group of tenants or tenant association may apply to the Superior Court for a stay of any eviction proceedings. The Court may, in its discretion, authorize 1-year stays of eviction subject to such rent increases as authorized by § 7110(d) of this title until such time as the Court is satisfied that the tenant has been provided a list of comparable housing or comparable manufactured home sites and is satisfied that the tenant has been provided a reasonable opportunity to examine and rent such housing or manufactured home site. Except where the owner has failed to provide such a list of comparable housing or manufactured home sites, or has failed to provide a reasonable opportunity to examine and rent such housing or manufactured home site, the Court shall grant not more than 5 such eviction stays.
64 Del. Laws, c. 14, §  2;  74 Del. Laws, c. 35, §  8;  84 Del. Laws, c. 42, § 126;
2023 Delaware Code › Title 25 - Property › Chapter 71. CONVERSION OF MANUFACTURED HOME COMMUNITIES TO MANUFACTURED HOME CONDOMINIUM OR COOPERATIVE COMMUNITIES › § 7113. Penalties; jurisdiction.

§ 7113. Penalties; jurisdiction.
(a) Civil penalties. — (1) Where an owner violates a provision of § 7105 of this title any action taken by the owner to convert the real property on which a manufactured home community is located into multiple-unit usage shall be invalid; provided, however, that the owner, by again giving the preliminary notice required under § 7105 of this title, may again begin the conversion process.
(2) Where the owner fails to give the tenants' association its option to purchase under § 7108 of this title, no subsequent sale or purchase of the real property or of any unit within the conversion project shall be valid. Where the owner fails to provide a tenant with an opportunity to purchase under § 7108 of this title, the tenant shall nevertheless be offered a unit in preference to any nontenant who has agreed to purchase a unit during or subsequent to the time of the tenant's right to purchase.
(3) Any binding agreement entered into by an owner which results in a violation of any provision of this chapter is:
a. Void, if a person residing in the manufactured home community at the time of the preliminary notice was an object of, or was adversely affected by, such violation; or
b. Voidable at the option of any party thereto.
(b) Criminal penalties; jurisdiction. — (1) Any person who is convicted of a violation of a provision of this chapter shall be fined a sum not less than $100 nor more than $500 for each offense. Where the violation is ongoing and continuous, each day's continuation of such violation shall constitute a separate offense.
(2) The Superior Court shall have jurisdiction over all offenses under this section.
64 Del. Laws, c. 14, §  2;  74 Del. Laws, c. 35, §  8;
2023 Delaware Code › Title 25 - Property › Chapter 71. CONVERSION OF MANUFACTURED HOME COMMUNITIES TO MANUFACTURED HOME CONDOMINIUM OR COOPERATIVE COMMUNITIES › § 7114. Modification or waiver of chapter.

§ 7114. Modification or waiver of chapter.
(a) Except as otherwise provided in this section, any provision in a lease or other agreement which waives or modifies any provision of this chapter shall be void and unenforceable as against public policy. An owner and tenant may, however, agree to a modification or waiver of some or all of the protections afforded to the tenant pursuant to this chapter; provided, however:
(1) The modification or waiver is encompassed in a written contract which is separate from the lease;
(2) The modification or waiver is voluntarily entered into without duress;
(3) The modification or waiver is entered into with full understanding of this chapter, the terms of any contract to which the modification or waiver applies, and the modification or waiver itself;
(4) The modification or waiver is for adequate consideration.
(b) In any action involving a modification or waiver, the owner shall have the burden of proof to establish that the requirements of this chapter and of this section have been met.
64 Del. Laws, c. 14, §  2;
2023 Delaware Code › Title 25 - Property › Chapter 81. DELAWARE UNIFORM COMMON INTEREST OWNERSHIP ACT › Subchapter I. General Provisions › § 81-101. Short title.

§§ 81-101. Short title.
This chapter shall be known and may be cited as the “Delaware Uniform Common Interest Ownership Act” or “DUCIOA”.
76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 91, §  82;
2023 Delaware Code › Title 25 - Property › Chapter 81. DELAWARE UNIFORM COMMON INTEREST OWNERSHIP ACT › Subchapter I. General Provisions › § 81-102. Applicability.

§§ 81-102. Applicability.
Applicability of this chapter is governed by this subchapter I.
76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 4, §  1;  77 Del. Laws, c. 91, §  82;
2023 Delaware Code › Title 25 - Property › Chapter 81. DELAWARE UNIFORM COMMON INTEREST OWNERSHIP ACT › Subchapter I. General Provisions › § 81-104. Variation by agreement.

§§ 81-104. Variation by agreement.
Except as expressly provided in this chapter, the effect of its provisions may not be varied by agreement, and rights conferred by it may not be waived. Except as provided in § 81-122 of this title, a declarant may not act under a power of attorney, or use any other device, for the purpose of evading the limitations or prohibitions of this chapter or the declaration.
76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 91, §§  11, 82;
2023 Delaware Code › Title 25 - Property › Chapter 81. DELAWARE UNIFORM COMMON INTEREST OWNERSHIP ACT › Subchapter I. General Provisions › § 81-105. Separate titles and taxation.

§§ 81-105. Separate titles and taxation.
(a) In a cooperative, unless the declaration provides that a unit owner's interest in a unit and its allocated interests is real estate for all purposes, that interest is personal property. That interest is subject to the provisions of homestead exemptions, even if it is personal property.
(b) In a condominium or planned community:
(1) If there is any unit owner other than a declarant, each unit that has been created, together with its interest in the common elements, constitutes for all purposes a separate parcel of real estate.
(2) If there is any unit owner other than a declarant, each unit must be separately taxed and assessed, and no separate tax or assessment may be rendered against any common elements for which a declarant has reserved no development rights.
(c) Any portion of the common elements for which the declarant has reserved any development right must be separately taxed and assessed against the declarant, and the declarant alone is liable for payment of those taxes.
(d) If there is no unit owner other than a declarant, the real estate comprising the common interest community may be taxed and assessed in any manner provided by law.
76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 91, §  82;
2023 Delaware Code › Title 25 - Property › Chapter 81. DELAWARE UNIFORM COMMON INTEREST OWNERSHIP ACT › Subchapter I. General Provisions › § 81-106. Applicability of local ordinances, regulations, and building codes.

§§ 81-106. Applicability of local ordinances, regulations, and building codes.
(a) A building code may not impose any requirement upon any structure in a common interest community which it would not impose upon a physically identical development under a different form of ownership.
(b) In condominiums and cooperatives, no zoning, subdivision, or other real estate use law, ordinance, or regulation may prohibit the condominium or cooperative form of ownership or impose any requirement upon a condominium or cooperative which it would not impose upon a physically identical development under a different form of ownership.
(c) Except as provided in subsections (a) and (b) of this section, the provisions of this chapter do not invalidate any provision of any building code, zoning, subdivision, or other real estate use law, ordinance, rule, or regulation governing the use of real estate. Without limiting the generality of the foregoing, any preexisting common interest community or approved common interest community located in any political subdivision of this State shall continue to be governed by the building code, zoning, subdivision, or other real estate use law, ordinance, rule, or regulation, including appendices of such political subdivision, which are applicable to a preexisting common interest community or approved common interest community, notwithstanding any contrary provision of this chapter.
76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 4, §  4;  77 Del. Laws, c. 91, §  82;
2023 Delaware Code › Title 25 - Property › Chapter 81. DELAWARE UNIFORM COMMON INTEREST OWNERSHIP ACT › Subchapter I. General Provisions › § 81-107. Eminent domain.

§§ 81-107. Eminent domain.
(a) If a unit is acquired by eminent domain or part of a unit is acquired by eminent domain leaving the unit owner with a remnant that may not practically or lawfully be used for any purpose permitted by the declaration, the award must include compensation to the unit owner for that unit and its allocated interests, whether or not any common elements are acquired. Upon acquisition, unless the decree otherwise provides, that unit's allocated interests are automatically reallocated to the remaining units in proportion to the respective allocated interests of those units before the taking, and the association shall promptly prepare, execute, and record an amendment to the declaration reflecting the reallocations. Any remnant of a unit remaining after part of a unit is taken under this subsection is thereafter a common element.
(b) Except as provided in subsection (a) of this section, if part of a unit is acquired by eminent domain, the award must compensate the unit owner for the reduction in value of the unit and its interest in the common elements, whether or not any common elements are acquired. Upon acquisition, unless the decree otherwise provides:
(i) that unit's allocated interests are reduced in proportion to the reduction in the size of the unit, or on any other basis specified in the declaration and (ii) the portion of the allocated interests divested from the partially acquired unit are automatically reallocated to that unit and to the remaining units in proportion to the respective allocated interests of those units before the taking, with the partially-acquired unit participating in the reallocation on the basis of its reduced allocated interests.
(c) If part of the common elements is acquired by eminent domain, the portion of the award attributable to the common elements taken must be paid to the association. Unless the declaration provides otherwise, any portion of the award attributable to the acquisition of a limited common element must be equally divided among the owners of the units to which that limited common element was allocated at the time of acquisition.
(d) The court decree or order must be recorded in every county in which any portion of the common interest community is located.
76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 91, §§  12, 82;
2023 Delaware Code › Title 25 - Property › Chapter 81. DELAWARE UNIFORM COMMON INTEREST OWNERSHIP ACT › Subchapter I. General Provisions › § 81-108. Supplemental general principles of law applicable.

§§ 81-108. Supplemental general principles of law applicable.
The principles of law and equity, including the law of corporations and any other form of business organization authorized by law in this State, the law of real property, and the law relative to capacity to contract, principal and agent, eminent domain, estoppel, fraud, misrepresentation, duress, coercion, mistake, receivership, substantial performance, or other validating or invalidating cause supplement the provisions of this chapter, except to the extent inconsistent with this chapter. Without limiting the foregoing, the laws of this State that apply to the association's form of legal entity apply to the association except to the extent that law is inconsistent with this chapter, in which case this chapter governs.
76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 91, §  82;
2023 Delaware Code › Title 25 - Property › Chapter 81. DELAWARE UNIFORM COMMON INTEREST OWNERSHIP ACT › Subchapter I. General Provisions › § 81-109. Construction against implicit repeal.

§§ 81-109. Construction against implicit repeal.
This chapter being a general act intended as a unified coverage of its subject matter, no part of it shall be construed to be impliedly repealed by subsequent legislation if that construction can reasonably be avoided.
76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 91, §  82;
2023 Delaware Code › Title 25 - Property › Chapter 81. DELAWARE UNIFORM COMMON INTEREST OWNERSHIP ACT › Subchapter I. General Provisions › § 81-110. Uniformity of application and construction.

§§ 81-110. Uniformity of application and construction.
This chapter shall be applied and construed so as to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 91, §  82;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;