2023 Delaware Code › Title 25 - Property › Chapter 81. DELAWARE UNIFORM COMMON INTEREST OWNERSHIP ACT › Subchapter IV. Protection of Purchasers › § 81-403. Public offering statement; general provisions.

§§ 81-403. Public offering statement; general provisions.
(a) Except as provided in subsection (b) of this section, a public offering statement must contain or fully and accurately disclose:
(1) The name and principal address of the declarant and of the common interest community, and a statement that the common interest community is either a condominium, cooperative, or planned community;
(2) A general description of the common interest community, including to the extent possible, the types, number, and declarant's schedule of commencement and completion of construction of buildings, and amenities that the declarant anticipates including in the common interest community;
(3) The number of units in the common interest community;
(4) Copies and a brief narrative description of the significant features of the declaration, other than any plats and plans, and any other recorded covenants, conditions, restrictions, and reservations affecting the common interest community; the bylaws, and any rules or regulations of the association; copies of any contracts and leases to be signed by purchasers at closing, and a brief narrative description of any contracts or leases that will or may be subject to cancellation by the association under § 81-305 of this title;
(5) Any current balance sheet and a projected budget for the association, either within or as an exhibit to the public offering statement, for 1 year after the date of the first conveyance to a purchaser, and thereafter the current budget of the association, a statement of who prepared the budget, and a statement of the budget's assumptions concerning occupancy and inflation factors. The budget must include, without limitation:
(i) A statement of the amount, or a statement that there is no amount, included in the budget for the repair and replacement reserve;
(ii) A statement of any other reserves;
(iii) The projected common expense by category of expenditures for the association; and
(iv) The projected common expense assessment for each type of unit;
(6) Any services not reflected in the budget that the declarant provides, or expenses that the declarant pays and which the declarant expects may become at any subsequent time a common expense of the association and the projected common expense assessment attributable to each of those services or expenses for the association and for each type of unit;
(7) Any initial or special fee due from the seller or the purchaser at the time of sale, together with a description of the purpose and method of calculating the fee;
(8) A description of any liens, defects, or encumbrances on or affecting the title to the common interest community and a statement as to which liens, defects or encumbrances will remain after transfer of the unit;
(9) A description of any financing offered or arranged by the declarant;
(10) The terms and significant limitations of any warranties provided by the declarant, including statutory warranties and limitations on the enforcement thereof or on damages;
(11) [Repealed.]
(12) A statement of any unsatisfied judgments or pending suits against the association, and the status of any pending suits material to the common interest community of which a declarant has actual knowledge;
(13) A statement that any deposit made in connection with the purchase of a unit will be held in an escrow account until closing and will be returned to the purchaser if the purchaser cancels the contract pursuant to § 81-408 of this title, together with the name and address of the escrow agent;
(14) Any restraints on alienation of any portion of the common interest community and any restrictions:
(i) on use, occupancy, and alienation of the units, and (ii) on the amount for which a unit may be sold or on the amount that may be received by a unit owner on sale, condemnation, or casualty loss to the unit or to the common interest community, or on termination of the common interest community;
(15) A description of the insurance coverage provided for the benefit of unit owners;
(16) Any current or expected fees or charges to be paid by unit owners for the use of the common elements and other facilities related to the common interest community;
(17) The extent to which financial arrangements have been provided for completion of all improvements that the declarant is obligated to build pursuant to § 81-419 of this title; and
(18) [Reserved.]
(19) In a cooperative, a statement whether the unit owners will be entitled, for federal, state, and local income tax purposes, to a pass-through of deductions for payments made by the association for real estate taxes and interest paid the holder of a security interest encumbering the cooperative, and a statement as to the effect on every unit owner if the association fails to pay real estate taxes or payments due the holder of a security interest encumbering the cooperative.
(b) No public offering statement is required for any common interest community 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.
(c) A declarant promptly shall amend the public offering statement to report any material change in the information required by this section.
76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 91, §§  62-66, 82;  77 Del. Laws, c. 364, §  7;