reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 25 - Property › Chapter 21. MORTGAGES ON REAL ESTATE › § 2119. Insurance requirements for mortgages.

§ 2119. Insurance requirements for mortgages.
(a) The mortgagee or obligee of any mortgage or other instrument given for the purpose of creating a lien on real property shall accept as evidence of insurance a written binder issued by any authorized insurer or its agent if the binder includes or is accompanied by:
(1) The name and address of the insured borrower;
(2) The name and address of the lender as loss payee;
(3) A description of the insured real property;
(4) A provision that the binder may not be cancelled within the term of the binder unless the lender and the insured borrower receive written notice of the cancellation at least 10 days prior to the cancellation;
(5) Except in the case of a renewal of a policy subsequent to the closing of the loan, a paid receipt for the full amount of the applicable premium; and
(6) The amount of insurance coverage.
A mortgagee or obligee may refuse to honor a binder in cases where the lender receives notice of the cancellation of the binder by the insurer; or, at the expiration of 30 days of the date the binder was given, the insurer has failed to issue the policy of insurance.
(b) The mortgagee or obligee of any mortgage or other instrument given for the purpose of creating a lien on real property shall not require hazard insurance in an amount which exceeds the greater of:
(1) The value placed on the improvements by the insurer; or
(2) The value placed on the improvements as determined by the lender's appraisal of the real property.
(c) In the event that subsection (a) or (b) of this section is wilfully violated, the original mortgagee or obligee listed upon the original mortgage or other instrument shall be obligated to pay to the mortgagor or obligor:
(1) Reasonable attorneys' fees; and
(2) The greater of the actual damages directly resulting from the violation or 5% of the face amount of the mortgage.
(d) A violation of this section shall not affect the validity of the mortgage or other instrument which creates the lien securing the loan.
(e) For purposes of this section, a “mortgage or other instrument given for the purpose of creating a lien on real property” shall mean a consumer purpose mortgage or other consumer purpose instrument given for the purpose of creating a lien. For purposes of this section, “consumer purpose mortgage” and “consumer purpose instrument given for the purpose of creating a lien” shall mean mortgages or other instruments given for the purpose of creating a lien encumbering 1-to-4 family residential properties, and shall not include mortgages or other instruments given for the purpose of creating a lien encumbering other multi-unit residential properties, such as apartment buildings, or encumbering office, commercial or industrial properties.
68 Del. Laws, c. 350, §  1;  77 Del. Laws, c. 434, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 21. MORTGAGES ON REAL ESTATE › § 2121. Instruments transferring, pledging or assigning lessors' interests in leases or rents arising from real property as security.

§ 2121. Instruments transferring, pledging or assigning lessors' interests in leases or rents arising from real property as security.
(a) Upon recording, in the office of the recorder of deeds in and for the county where the real property lies, of any instrument transferring, pledging or assigning the lessor's interest in leases (whether in existence or thereafter existing) of or rents (including security deposits) arising from real property as conditional or unconditional security for a debt or duty, the interest of the transferee, pledgee or assignee shall be fully perfected as to the transferor, pledgor or assignor and as to all third parties without the necessity of furnishing further notice to the transferor, pledgor or assignor or any lessee, of obtaining possession of the real property, of impounding the rents or security deposits, of filing a financing statement under the Delaware Uniform Commercial Code, of securing the appointment of a receiver, or of taking any other affirmative action, and such interest shall have priority according to the time of recording the instrument in the proper office, without respect to the time of its being signed and delivered.
(b) Except as may be provided in the lease or other agreement by which it is bound, the lessee under any such lease identified in subsection (a) of this section is authorized to pay the transferor, pledgor or assignor, rents and security deposits until the lessee receives written notification that rents due or to become due have been transferred, pledged or assigned and that payment is to be made to the transferee, pledgee or assignee. A notification that does not reasonably identify the rents transferred, pledged or assigned is ineffective. If requested by the lessee, the transferee, pledgee or assignee must furnish reasonable proof that the assignment has been made and is in full force and effect and unless so furnished the lessee may pay the transferor, pledgor or assignor.
(c) Whenever the debt or duty secured by an instrument described in this section is satisfied or performed, and to the extent such instrument is not self-terminating, upon such an event, the transferee, pledgee or assignee shall forthwith cause to be recorded in the office in which the instrument is recorded a document pursuant to which it declares that the instrument is terminated. The recording of such document shall extinguish the instrument and the effect shall be the same as if such instrument had not been made.
(d) Any recorded instrument transferring, pledging or assigning an interest in leases of or rents arising from real property shall be duly perfected as herein provided, except that nothing herein shall alter, change or modify any perfected order of priority of interests in such leases or rents which exists on the date that this legislation is enacted.
70 Del. Laws, c. 253, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 21. MORTGAGES ON REAL ESTATE › § 2122. Procedure to strike an entry of satisfaction or other indication of a mortgage satisfaction.

§ 2122. Procedure to strike an entry of satisfaction or other indication of a mortgage satisfaction.
(a) When entry of satisfaction, recordation of a mortgage satisfaction piece or other indication of a mortgage satisfaction has been made upon the record through inadvertence, error or mistake, any person or party affected by such inadvertence, error or mistake may, upon sworn petition to the Superior Court of the county in which such mortgage was recorded, setting forth the facts, obtain from such Court a rule on the mortgagor or obligor or their heirs, executors, administrators or assigns, returnable at such time as the Court may direct, requiring such mortgagor or obligor or their heirs, executors, administrators or assigns to appear on the day fixed by the Court and show cause, if they have any, why the entry of satisfaction or other indication of a mortgage satisfaction should not be stricken. Such rule shall be served as provided by law for service of writs of scire facias. In case the mortgagor or obligor or their heirs, executors, administrators or assigns reside out of the State and cannot be served, or in case the mortgagor or obligor is a corporation which has been dissolved for more than 3 years prior to the filing of the petition, and for whom no trustee or receiver has been appointed, the rule shall be continued and a copy thereof shall be published by the sheriff in a newspaper of the county once each week for 4 successive weeks, and upon proof of such advertisement by affidavit of the sheriff made at the time to which such rule was continued, shall be deemed and considered sufficient service of such rule.
(b) Upon the return of the rule, if the Court is satisfied from the evidence produced that entry of satisfaction or other indication of a mortgage satisfaction had been made upon the record of such mortgage through inadvertence, error or mistake, the rule shall be made absolute, and the Court shall order and decree that the entry of satisfaction or other indication of a mortgage satisfaction of such mortgage shall be stricken as if such satisfaction or other indication of a mortgage satisfaction had not been made.
(c) Upon the issuance of an order striking an entry of satisfaction or other indication of a mortgage satisfaction, the party who obtains such order shall forthwith file with the recorder of deeds a certified copy of said order. The recorder shall at once record said order and make a proper note of the same in the indices. The recorder shall collect recording fees upon receipt of the instrument as provided for in § 9607 of Title 9.
72 Del. Laws, c. 141, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 21. MORTGAGES ON REAL ESTATE › § 2124. Recordation of mortgagee's change of address.

§ 2124. Recordation of mortgagee's change of address.
(a) Any mortgagee or any assignee of a mortgage under § 2109 of this title that changes its notice address from the address stated in any mortgage or assignment of mortgage must, within 60 days of a change in its notice address, file in the recorder of deeds office in the county in which the mortgage or any assignment has been recorded a statement of mortgagee address change.
(1) The filing of a statement of mortgagee address change is public notice to all parties interested in such mortgage or assignment of mortgage, or the property upon which it is a lien, of the address where the legal holder of such mortgage or assignment of mortgage must receive any notice.
(2) Until such time as a statement of mortgagee address change has been filed, any party having an interest in such mortgage or assignment of mortgage, or the property upon which it is a lien, is fully protected by sending all notices to the legal holder of such mortgage or assignment of mortgage at the notice address provided in the mortgage or the last assignment of record.
(3) A mortgagee is not required to file a separate statement of mortgagee address change for each mortgage recorded in the county or to include each mortgage recorded in the county on a statement of mortgagee address change.
(4) It is unlawful for a mortgagee to fail to file a statement of mortgagee address change as required under this section. A violation of this paragraph (a)(4) is punishable by a fine of not more than $1,000 and costs of not more than $1,000.
(5) The Superior Court has jurisdiction over a violation of paragraph (a)(4) of this section.
(b) Each recorder of deeds may promulgate a sample form to be used to file a statement of mortgagee address change.
(c) Each recorder of deeds shall create and maintain a separate index for statements of mortgagee address change. The index must be called the “statement of mortgagee address change index” and must reference the mortgagee who has changed its address and include the mortgagee's notice address as provided in the statement of mortgagee address change. The index does not need to include reference to each mortgage recorded in the county by the mortgagee who filed a statement of mortgagee address change.
(d) Each recorder of deeds may charge a fee for accepting and recording a statement of mortgagee address change. The fee must reasonably reflect the costs necessary to defray expenses associated with creating and maintaining the statement of mortgagee address change index.
81 Del. Laws, c. 151, § 1;  81 Del. Laws, c. 418, § 1;
2023 Delaware Code › Title 25 - Property › Chapter 22. UNIT PROPERTIES › Subchapter I. Preliminary Provisions › § 2201. Short title; applicability.

§ 2201. Short title; applicability.
This chapter shall be known and may be cited as the “Unit Property Act.” This chapter shall be subject to the provisions of Part VII, Chapter 81 of this title, which supersedes various provisions hereof, as provided in § 81-119 of that chapter.
25 Del. C. 1953, §  2201;  54 Del. Laws, c. 282;  76 Del. Laws, c. 422, §  1;  77 Del. Laws, c. 92, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 22. UNIT PROPERTIES › Subchapter I. Preliminary Provisions › § 2203. Application.

§ 2203. Application.
This chapter shall be applicable only to real property, the sole owner, or all the owners, or the lessee, or all the lessees of which submit the same to the provisions hereof by a duly recorded declaration.
25 Del. C. 1953, §  2203;  54 Del. Laws, c. 282;  56 Del. Laws, c. 195, §  4;
2023 Delaware Code › Title 25 - Property › Chapter 22. UNIT PROPERTIES › Subchapter II. General Provisions › § 2204. Status of units; ownership thereof.

§ 2204. Status of units; ownership thereof.
Each unit, together with its proportionate undivided interest in the common elements, is for all purposes real property, and the ownership of each unit, together with its proportionate undivided interest in the common elements, is for all purposes the ownership of real property.
25 Del. C. 1953, §  2204;  54 Del. Laws, c. 282.;
2023 Delaware Code › Title 25 - Property › Chapter 22. UNIT PROPERTIES › Subchapter II. General Provisions › § 2205. Common elements.

§ 2205. Common elements.
The percentage of undivided interest in the common elements assigned to each unit shall be set forth in the declaration, and such percentage shall not be altered except by recording an amended declaration duly executed by all of the unit owners affected thereby. The undivided interest in the common elements may not be separated from the unit to which such interest pertains and shall be deemed to be conveyed, leased or encumbered with the unit even though such interest is not expressly referred to or described in the deed, lease, mortgage or other instrument. The common elements shall remain undivided and no owner may exempt said owner's self from liability with respect to the common expenses by waiver of the enjoyment of the right to use any of the common elements or by the abandonment of that owner's unit or otherwise and no action for partition or division of any part of the common elements shall be permitted, except as provided in § 2239 of this title. Each unit owner or lessee thereof may use the common elements in accordance with the purpose for which they are intended without hindering or encroaching upon the lawful rights of the other unit owners. The maintenance and repair of the common elements and the making of any additions or improvements thereto shall be carried out only as provided in the code of regulations.
25 Del. C. 1953, §  2205;  54 Del. Laws, c. 282;  70 Del. Laws, c. 186, §  1;  84 Del. Laws, c. 42, § 1;
2023 Delaware Code › Title 25 - Property › Chapter 22. UNIT PROPERTIES › Subchapter III. Administrative Provisions › § 2206. Code of regulations as governing.

§ 2206. Code of regulations as governing.
The administration of every property shall be governed by a code of regulations, a true and correct copy of which and all duly adopted amendments of which shall be duly recorded.
25 Del. C. 1953, §  2206;  54 Del. Laws, c. 282.;
2023 Delaware Code › Title 25 - Property › Chapter 22. UNIT PROPERTIES › Subchapter III. Administrative Provisions › § 2207. Adoption and amendment of code of regulations.

§ 2207. Adoption and amendment of code of regulations.
The council has authority to make, alter, amend and repeal the code of regulations, subject to the right of a majority of the unit owners to change any such actions.
25 Del. C. 1953, §  2207;  54 Del. Laws, c. 282.;
2023 Delaware Code › Title 25 - Property › Chapter 22. UNIT PROPERTIES › Subchapter III. Administrative Provisions › § 2208. Contents of the code of regulations.

§ 2208. Contents of the code of regulations.
The code of regulations shall provide for at least the following and may include other lawful provisions:
(1) Identification of the property by reference to the place of record of the declaration and the declaration plan;
(2) The method of calling meetings of unit owners and meetings of the council;
(3) The number of unit owners and the number of members of council which shall constitute a quorum for the transaction of business;
(4) The number and qualification of members of council, the duration of the term of such members, and the method of filling vacancies;
(5) The annual election by the council of a president, secretary and treasurer and any other officers which the code of regulations may specify;
(6) The duties of each officer, the compensation and removal of officers and the method of filling vacancies;
(7) Maintenance, repair and replacement of the common elements and payment of the cost thereof;
(8) The manner of collecting common expenses from unit owners; and
(9) The method of adopting and amending rules governing the details of the use and operation of the property and the use of the common elements.
25 Del. C. 1953, §  2208;  54 Del. Laws, c. 282.;
2023 Delaware Code › Title 25 - Property › Chapter 22. UNIT PROPERTIES › Subchapter III. Administrative Provisions › § 2209. Compliance with code of regulations and administrative provisions.

§ 2209. Compliance with code of regulations and administrative provisions.
Each unit owner shall comply with the code of regulations and with such rules governing the details of the use and operation of the property and the use of the common elements as may be in effect from time to time and with the covenants, conditions and restrictions set forth in the declaration or in the deed to the unit owner's unit or in the declaration plan.
25 Del. C. 1953, §  2209;  54 Del. Laws, c. 282;  84 Del. Laws, c. 42, § 94;
2023 Delaware Code › Title 25 - Property › Chapter 22. UNIT PROPERTIES › Subchapter III. Administrative Provisions › § 2210. Noncompliance with code of regulations and administrative provisions.

§ 2210. Noncompliance with code of regulations and administrative provisions.
Failure to comply with the code of regulations and with such rules governing the details of the use and operation of the property and the use of the common elements as may be in effect from time to time and with the covenants, conditions and restrictions set forth in the declaration or in deeds of units or in the declaration plan shall be grounds for an action for the recovery of damages or for injunctive relief or both maintainable by any member of the council on behalf of the council or the unit owners or in a proper case by an aggrieved unit owner or by any person who holds a mortgage lien upon a unit and is aggrieved by any such noncompliance.
25 Del. C. 1953, §  2210;  54 Del. Laws, c. 282.;
2023 Delaware Code › Title 25 - Property › Chapter 22. UNIT PROPERTIES › Subchapter III. Administrative Provisions › § 2211. Duties of council.

§ 2211. Duties of council.
The duties of the council shall include the following:
(1) The maintenance, repair and replacement of the common elements, and the maintenance of a repair and replacement reserve as defined in § 2202(16) of this title, fully funded as defined in § 2202(8) of this title, subject to the provisions of § 2245 of this title, as applicable;
(2) The assessment and collection of funds from the unit owners for common expenses, the payment of such common expenses, the maintenance of the required repair and replacement reserve, and the payment from said repair and replacement reserve sums for the repair and replacement of the common elements;
(3) The adoption and amendment of the code of regulations and the promulgation, distribution and enforcement of rules governing the details of the use and operation of the property and the use of the common elements, subject to the right of a majority of the unit owners to change any such actions; and
(4) Any other duties which may be set forth in the declaration or code of regulations.
25 Del. C. 1953, §  2211;  54 Del. Laws, c. 282;  76 Del. Laws, c. 422, §  1;  77 Del. Laws, c. 92, §§  6, 7;
2023 Delaware Code › Title 25 - Property › Chapter 22. UNIT PROPERTIES › Subchapter III. Administrative Provisions › § 2212. Powers of council.

§ 2212. Powers of council.
Subject to the limitations and restrictions contained in this chapter, the council shall on behalf of the unit owners:
(1) Have power to manage the business operations and affairs of the property and for such purposes to engage employees and appoint agents and to define their duties and fix their compensation, enter into contracts, leases and other written instruments or documents and to authorize the execution thereof by officers elected by the council; and
(2) Have such incidental powers as may be appropriate to the performance of their duties.
25 Del. C. 1953, §  2212;  54 Del. Laws, c. 282.;
2023 Delaware Code › Title 25 - Property › Chapter 22. UNIT PROPERTIES › Subchapter III. Administrative Provisions › § 2213. Work on common elements.

§ 2213. Work on common elements.
The maintenance, repair and replacement of the common elements and the making of improvements or additions thereto shall be carried on only as provided in the code of regulations.
25 Del. C. 1953, §  2213;  54 Del. Laws, c. 282.;
2023 Delaware Code › Title 25 - Property › Chapter 22. UNIT PROPERTIES › Subchapter III. Administrative Provisions › § 2214. Certain work prohibited.

§ 2214. Certain work prohibited.
No unit owner shall do any work which would jeopardize the soundness or safety of the property or impair any easement or hereditament without the unanimous consent of the unit owners affected thereby.
25 Del. C. 1953, §  2214;  54 Del. Laws, c. 282.;
2023 Delaware Code › Title 25 - Property › Chapter 22. UNIT PROPERTIES › Subchapter III. Administrative Provisions › § 2215. Easements for work.

§ 2215. Easements for work.
The council shall have an easement to enter any unit to maintain, repair or replace the common elements, as well as to make repairs to units if such repairs are reasonably necessary for public safety or to prevent damage to other units or to the common elements.
25 Del. C. 1953, §  2215;  54 Del. Laws, c. 282.;
2023 Delaware Code › Title 25 - Property › Chapter 22. UNIT PROPERTIES › Subchapter III. Administrative Provisions › § 2216. Common profits and expenses.

§ 2216. Common profits and expenses.
The common profits of the property shall be distributed among and the common expenses shall be charged to the unit owners according to the percentage of the undivided interest of each in the common elements, as set forth in the declaration and any amendments thereto.
25 Del. C. 1953, §  2216;  54 Del. Laws, c. 282.;
2023 Delaware Code › Title 25 - Property › Chapter 22. UNIT PROPERTIES › Subchapter III. Administrative Provisions › § 2217. Voting by unit owners.

§ 2217. Voting by unit owners.
At any meeting of unit owners each unit owner shall be entitled to the same number of votes as the percentage of ownership in the common elements assigned to that unit owner's unit in the declaration and any amendments thereto.
25 Del. C. 1953, §  2217;  54 Del. Laws, c. 282;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 22. UNIT PROPERTIES › Subchapter III. Administrative Provisions › § 2218. Books of receipts and expenditures, availability for examination.

§ 2218. Books of receipts and expenditures, availability for examination.
The treasurer shall keep detailed records of all receipts and expenditures, including expenditures affecting the common elements specifying and itemizing the maintenance, repair and replacement expenses of the common elements and any other expenses incurred. Such records shall be available for examination by the unit owners during regular business hours. In accordance with the actions of the council assessing common expenses against the units and unit owners, the treasurer shall keep an accurate record of such assessments and of the payment thereof by each unit owner.
25 Del. C. 1953, §  2218;  54 Del. Laws, c. 282;  84 Del. Laws, c. 42, § 95;
2023 Delaware Code › Title 25 - Property › Chapter 22. UNIT PROPERTIES › Subchapter IV. Declaration; Reservations of Charges Thereunder; Conveyances; Mortgages and Leases › § 2219. Contents of declaration.

§ 2219. Contents of declaration.
The declaration shall contain the following:
(1) A reference to this chapter and an expression of the intention to submit the property to the provisions of this chapter;
(2) A description of the land and building;
(3) The name by which the property will be known;
(4) A statement that the property is to consist of units and common elements as shown in a declaration plan;
(5) A description of the common elements and the proportionate undivided interest expressed as a percentage assigned to each unit therein, provided the sum of the undivided interests in the common elements allocated at any time to all the units must equal 1 if stated as a fraction or 100 percent if stated as a percentage, except for minor variations due to rounding. In the event of any discrepancy between an allocated interest and the result derived from application of the pertinent formula, then the allocated interest prevails;
(6) A statement that the proportionate undivided interest in the common elements may be altered by the recording of an amendment duly executed by all unit owners affected thereby;
(7) A statement of the purposes or uses for which each unit is intended and restrictions, if any, as to use;
(8) The names of the first members of council;
(9) Any further details in connection with the property which the party or parties executing the declaration may deem appropriate.
25 Del. C. 1953, §  2219;  54 Del. Laws, c. 282;  77 Del. Laws, c. 92, §  8;
2023 Delaware Code › Title 25 - Property › Chapter 22. UNIT PROPERTIES › Subchapter IV. Declaration; Reservations of Charges Thereunder; Conveyances; Mortgages and Leases › § 2220. Declaration plan.

§ 2220. Declaration plan.
The declaration plan shall bear the verified statement of a registered architect or licensed professional engineer certifying that the declaration plan fully and accurately:
(1) Shows the property, the location of the building thereon, the building and the layout of the floors of the building, including the units and the common elements; and
(2) Sets forth the name by which the property will be known and the unit designation for each unit therein.
25 Del. C. 1953, §  2220;  54 Del. Laws, c. 282.;
2023 Delaware Code › Title 25 - Property › Chapter 22. UNIT PROPERTIES › Subchapter IV. Declaration; Reservations of Charges Thereunder; Conveyances; Mortgages and Leases › § 2221. Contents of deeds of units.

§ 2221. Contents of deeds of units.
Deeds of units shall include the following:
(1) The name by which the property is identified in the declaration plan and the name of the political subdivision and the name of the county in which the building is situate, together with a reference to the declaration and the declaration plan including reference to the place where both instruments and any amendments thereof are recorded;
(2) The unit designation of the unit in the declaration plan and any other data necessary for its proper identification;
(3) A reference to the last unit deed if the unit was previously conveyed;
(4) The proportionate undivided interest expressed as a percentage in the common elements which is assigned to the unit in the declaration and any amendments thereof;
(5) In addition to the foregoing the first deed conveying each unit shall contain the following specific provisions:
“The grantee, for and on behalf of the grantee and the grantee's heirs, personal representatives, successors and assigns, by the acceptance of this deed, covenants and agrees to pay such charges for the maintenance of, repairs to, replacement of and expenses in connection with the common elements as may be assessed from time to time by the council in accordance with the Unit Property Act of Delaware (Chapter 22 of Title 25) and further covenants and agrees that the unit conveyed by this deed shall be subject to a charge for all amounts so assessed and that, except in so far as §§ 2236 and 2237 of Title 25 may relieve a subsequent unit owner of liability for prior unpaid assessments; this covenant shall run with and bind the land or unit hereby conveyed and all subsequent owners thereof”; and
(6) Any further details which the grantor and grantee may deem appropriate.
25 Del. C. 1953, §  2221;  54 Del. Laws, c. 282.;
2023 Delaware Code › Title 25 - Property › Chapter 22. UNIT PROPERTIES › Subchapter IV. Declaration; Reservations of Charges Thereunder; Conveyances; Mortgages and Leases › § 2222. Mortgages and other liens of record affecting property at time of the first conveyance of each unit.

§ 2222. Mortgages and other liens of record affecting property at time of the first conveyance of each unit.
At the time of the first conveyance of each unit following the recording of the original declaration, every mortgage and other lien of record affecting the entire building or property or a greater portion thereof than the unit being conveyed shall be paid and satisfied of record, or the unit being conveyed shall be released therefrom by partial release duly recorded.
25 Del. C. 1953, §  2222;  54 Del. Laws, c. 282.;
2023 Delaware Code › Title 25 - Property › Chapter 22. UNIT PROPERTIES › Subchapter IV. Declaration; Reservations of Charges Thereunder; Conveyances; Mortgages and Leases › § 2223. Sales, conveyances or leases of or liens upon separate units.

§ 2223. Sales, conveyances or leases of or liens upon separate units.
Units may be sold, conveyed, mortgaged, leased or otherwise dealt with in the same manner as like dealings are conducted with respect to real property and interests therein. Every written instrument dealing with a unit shall specifically set forth the name by which the property is identified and the unit designation identifying the unit involved.
25 Del. C. 1953, §  2223;  54 Del. Laws, c. 282.;
2023 Delaware Code › Title 25 - Property › Chapter 22. UNIT PROPERTIES › Subchapter V. Recording › § 2224. Instruments recordable.

§ 2224. Instruments recordable.
All instruments relating to the property or any unit, including the instruments provided for in this chapter, shall be entitled to be recorded, provided that they are acknowledged in the manner provided by law.
25 Del. C. 1953, §  2224;  54 Del. Laws, c. 282.;
2023 Delaware Code › Title 25 - Property › Chapter 22. UNIT PROPERTIES › Subchapter V. Recording › § 2225. Recording a prerequisite to effectiveness of certain instruments.

§ 2225. Recording a prerequisite to effectiveness of certain instruments.
No declaration, declaration plan or code of regulations or any amendments thereto shall be effective until the same have been duly recorded.
25 Del. C. 1953, §  2225;  54 Del. Laws, c. 282.;
2023 Delaware Code › Title 25 - Property › Chapter 22. UNIT PROPERTIES › Subchapter V. Recording › § 2226. Place of recording.

§ 2226. Place of recording.
The recorder shall record declarations, deeds of units, codes of regulations and revocations in the same records as are maintained for the recording of deeds of real property. Mortgages relating to units shall be recorded in the same records as are maintained by the recorder for the recording of real estate mortgages. Declaration plans and any and all amendments thereto shall be recorded in the same records as are maintained for the recording of subdivision plans.
25 Del. C. 1953, §  2226;  54 Del. Laws, c. 282.;
2023 Delaware Code › Title 25 - Property › Chapter 22. UNIT PROPERTIES › Subchapter V. Recording › § 2227. Indexing by recording officer.

§ 2227. Indexing by recording officer.
The recorder shall index each declaration against the maker thereof as the grantor, and the name by which the property is identified therein as the grantee. The recorder shall index each declaration plan and code of regulations and any revocation in the name by which the property is identified therein in both the grantor index and the grantee index. The recorder shall index each unit deed and mortgage and lease covering a unit in the same manner as like instruments are indexed.
25 Del. C. 1953, §  2227;  54 Del. Laws, c. 282.;
2023 Delaware Code › Title 25 - Property › Chapter 22. UNIT PROPERTIES › Subchapter V. Recording › § 2228. Recording fees.

§ 2228. Recording fees.
The recorder shall be entitled to charge the same fees for recording instruments which are recordable under this chapter as the recorder is entitled to charge for like services with respect to the recording of other instruments.
25 Del. C. 1953, §  2228;  54 Del. Laws, c. 282.;
2023 Delaware Code › Title 25 - Property › Chapter 22. UNIT PROPERTIES › Subchapter VI. Removal of Property From Provisions of Chapter › § 2229. Procedure.

§ 2229. Procedure.
Property may be removed from the provisions of this chapter by a revocation expressing the intention to so remove property previously made subject to the provisions of this chapter. No such revocation shall be effective unless the same is executed by all of the unit owners and by the holders of all mortgages, judgments or other liens affecting the units, and is duly recorded.
25 Del. C. 1953, §  2229;  54 Del. Laws, c. 282.;
2023 Delaware Code › Title 25 - Property › Chapter 22. UNIT PROPERTIES › Subchapter VI. Removal of Property From Provisions of Chapter › § 2230. Effect of removal.

§ 2230. Effect of removal.
When property subject to the provisions of this chapter has been removed as provided in § 2229 of this title, the former unit owners shall at the time such removal becomes effective become tenants in common of the property. The undivided interest in the property owned in common which shall appertain to each unit owner at the time of removal shall be the percentage of undivided interest previously owned by such person in the common elements.
25 Del. C. 1953, §  2230;  54 Del. Laws, c. 282.;
2023 Delaware Code › Title 25 - Property › Chapter 22. UNIT PROPERTIES › Subchapter VI. Removal of Property From Provisions of Chapter › § 2231. Resubmission.

§ 2231. Resubmission.
The removal of property from the provisions of this chapter shall not preclude such property from being resubmitted to the provisions of the chapter in the manner herein provided.
25 Del. C. 1953, §  2231;  54 Del. Laws, c. 282.;
2023 Delaware Code › Title 25 - Property › Chapter 22. UNIT PROPERTIES › Subchapter VII. Assessments; Taxation; Liens › § 2232. Assessments and taxes.

§ 2232. Assessments and taxes.
Each unit and its proportionate undivided interest in the common elements, as determined by the declaration and any amendments thereof, shall be assessed and taxed for all purposes as a separate parcel of real estate entirely independent of the building or property of which the unit is a part. Neither the building, the property nor any of the common elements shall be assessed or taxed separately after the declaration and declaration plan are recorded nor shall the same be subject to assessment or taxation except as the units and their proportionate undivided interests in the common elements are assessed and taxed pursuant to the provisions of this section.
25 Del. C. 1953, §  2232;  54 Del. Laws, c. 282.;
2023 Delaware Code › Title 25 - Property › Chapter 22. UNIT PROPERTIES › Subchapter VII. Assessments; Taxation; Liens › § 2233. Assessment of charges.

§ 2233. Assessment of charges.
All sums assessed by resolutions duly adopted by the council against any unit for the share of common expenses chargeable to that unit shall constitute the personal liability of the owner of the unit so assessed and shall, until fully paid, together with interest thereon at a rate not to exceed 18% per annum from the thirtieth day following the adoption of such resolutions, constitute a charge against such unit which shall be enforceable as provided in the next section.
25 Del. C. 1953, §  2233;  54 Del. Laws, c. 282;  63 Del. Laws, c. 394, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 22. UNIT PROPERTIES › Subchapter VII. Assessments; Taxation; Liens › § 2234. Method of enforcing charges.

§ 2234. Method of enforcing charges.
Any charge assessed against a unit may be enforced by an action at law by the council acting on behalf of the unit owners, provided that each action, when filed, shall refer to this chapter and to the unit against which the assessment is made and the owner thereof. Any judgment against a unit and its owner shall be enforceable in the same manner as is otherwise provided by law.
25 Del. C. 1953, §  2234;  54 Del. Laws, c. 282.;
2023 Delaware Code › Title 25 - Property › Chapter 22. UNIT PROPERTIES › Subchapter VII. Assessments; Taxation; Liens › § 2235. Mechanics' liens against units.

§ 2235. Mechanics' liens against units.
Any mechanics' liens arising as a result of repairs to or improvements of a unit by a unit owner shall be liens only against such unit. Any mechanics' liens arising as a result of repairs to or improvements of the common elements, if authorized in writing pursuant to a duly adopted resolution of the council, shall be paid by the council as a common expense and until so paid shall be liens against each unit in a percentage equal to the proportionate share of the common elements relating to such unit.
25 Del. C. 1953, §  2235;  54 Del. Laws, c. 282.;
2023 Delaware Code › Title 25 - Property › Chapter 22. UNIT PROPERTIES › Subchapter VII. Assessments; Taxation; Liens › § 2236. Unpaid assessments at time of execution sale against a unit.

§ 2236. Unpaid assessments at time of execution sale against a unit.
In the event that title to a unit is transferred by sheriff's sale pursuant to execution upon any lien against the unit, the council may give notice in writing to the sheriff of any unpaid assessments for common expenses which are a charge against the unit, but have not been reduced to lien pursuant to § 2234 of this title, and the sheriff shall pay the assessments of which the sheriff has such notice out of any proceeds of the sale which remain in the sheriff's hands for distribution after payment of all other claims, which the sheriff is required by law to pay, but prior to any distribution of the balance to the former unit owner against whom the execution issued. The purchaser at such sheriff's sale and the unit involved shall not be liable for unpaid assessments for common expenses which became due prior to the sheriff's sale of the unit. Any such unpaid assessments which cannot be promptly collected from the former unit owner may be reassessed by the council as a common expense to be collected from all of the unit owners including such purchaser, the purchaser's heirs, personal representatives, successors and assigns. To protect its right to collect unpaid assessments which are a charge against a unit, the council may, on behalf of the unit owners, purchase the unit at sheriff's sale, provided such action is authorized by the affirmative vote of a majority of the members of council and, if it does so purchase, the council shall thereafter have the power to hold, sell, convey, mortgage or lease such unit to any person whatsoever.
25 Del. C. 1953, §  2236;  54 Del. Laws, c. 282;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 22. UNIT PROPERTIES › Subchapter VII. Assessments; Taxation; Liens › § 2237. Unpaid assessments at time of voluntary sale of a unit.

§ 2237. Unpaid assessments at time of voluntary sale of a unit.
Upon the voluntary sale or conveyance of a unit, the grantee shall be jointly and severally liable with the grantor for all unpaid assessments for common expenses which are a charge against the unit as of the date of the sale or conveyance, but such joint and several liability shall be without prejudice to the grantee's right to recover from the grantor the amount of any such unpaid assessments which the grantee may pay, and until any such assessments are paid, they shall continue to be a charge against the unit which may be enforced in the manner set forth in § 2234 of this title. Provided, however, that any person who shall have entered into a written agreement to purchase a unit shall be entitled to obtain a written statement from the treasurer setting forth the amount of unpaid assessments charged against the unit and its owners and, if such statement does not reveal the full amount of the unpaid assessments as of the date it is rendered, neither the purchaser nor the unit shall be liable for the payment of an amount in excess of the unpaid assessments shown thereon. Any such excess which cannot be promptly collected from the former unit owner may be reassessed by the council as a common expense to be collected from all of the unit owners including the purchaser, the former unit owner's heirs, personal representatives, successors and assigns.
25 Del. C. 1953, §  2237;  54 Del. Laws, c. 282;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 22. UNIT PROPERTIES › Subchapter VIII. Miscellaneous › § 2238. Insurance.

§ 2238. Insurance.
The council shall, if required by the declaration, the code of regulations, or by a majority of the unit owners, insure the building against loss or damage by fire and such hazards as shall be required or requested without prejudice to the right of each unit owner to insure each such unit owner's own unit for each such unit owner's own benefit. The premiums for such insurance on the building shall be deemed common expenses.
25 Del. C. 1953, §  2238;  54 Del. Laws, c. 282;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 22. UNIT PROPERTIES › Subchapter VIII. Miscellaneous › § 2239. Repair or reconstruction.

§ 2239. Repair or reconstruction.
Except as hereinafter provided, damage to or destruction of the building or of 1 or more of several buildings which comprise the property shall be promptly repaired and restored by the council using the proceeds of insurance held by the council, if any, for that purpose, and the unit owners directly affected thereby shall be liable for assessment for any deficiency in proportion to their respective undivided ownership of the common elements. Provided, however, that if there is substantially total destruction of the building or of 1 or more of several buildings which comprise the property and if 75 percent of the unit owners directly affected thereby duly resolve not to proceed with repair or restoration, then, and in that event, the salvage value of the property or of the substantially destroyed building or buildings shall be subject to partition at the suit of any unit owner directly affected thereby, in which event the net proceeds of sale, together with the net proceeds of insurance policies held by the council, if any, shall be considered as 1 fund and shall be divided among the unit owners directly affected thereby in proportion to their respective undivided ownership of the common elements after discharging out of the respective shares of unit owners, directly affected thereby, to the extent sufficient for the purpose all liens against the units of such unit owners.
25 Del. C. 1953, §  2239;  54 Del. Laws, c. 282;  58 Del. Laws, c. 117.;
2023 Delaware Code › Title 25 - Property › Chapter 22. UNIT PROPERTIES › Subchapter VIII. Miscellaneous › § 2240. Ownership of land.

§ 2240. Ownership of land.
Nothing in this chapter shall be construed to prevent the construction of unit properties, as defined in § 2202 of this title, upon land held under a lease by the developer of the unit property, provided that the declaration required under § 2219 of this title shall be signed not only by the lessee, but also by the lessor of the land who holds legal title to the land in fee simple.
25 Del. C. 1953, §  2240;  56 Del. Laws, c. 195, §  5;
2023 Delaware Code › Title 25 - Property › Chapter 22. UNIT PROPERTIES › Subchapter VIII. Miscellaneous › § 2241. Notice and record of meetings.

§ 2241. Notice and record of meetings.
(a) No meetings of unit owners or meetings of any council pursuant to this chapter may be held unless notice of the meeting, with the agenda for the meeting, has been either:
(1) Posted conspicuously in each building in an area open to all unit owners at least 7 days prior to the meeting; or
(2) Sent to the mailing address provided to the council by the owner and mailed at least 14 days prior to date of the meeting.
(b) All meetings of unit owners or meetings of any council shall be open to all other unit owners governed by the same council; provided, however, that where a portion of any meeting of unit owners or any council is reserved for consultations with legal counsel, or for personnel matters relating to employees of the council, such portion of the meeting shall be excluded from the provisions of this subsection.
(c) The council shall maintain written minutes of all meetings of unit owners or the council. The minutes shall be made available to all unit owners.
68 Del. Laws, c. 115, §  1;  69 Del. Laws, c. 94, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 22. UNIT PROPERTIES › Subchapter VIII. Miscellaneous › § 2242. Display of flags.

§ 2242. Display of flags.
Any unit owner shall have the right to display the flag of the United States of America, measuring up to 3 feet by 5 feet, on a pole located within the property's boundaries or attached to the exterior wall of the unit or the common elements proximate to the unit, provided such display conforms with § 316 of this title. This right may not be impaired by any state or private regulation or by any agreement, covenant or restriction whatsoever, including removal of property from the provisions of this chapter under subchapter VI of this chapter.
Unit owners may effect regulations consistent with this section.
70 Del. Laws, c. 178, §  1;  79 Del. Laws, c. 93, §  2;
2023 Delaware Code › Title 25 - Property › Chapter 22. UNIT PROPERTIES › Subchapter VIII. Miscellaneous › § 2243. “For Sale” signs.

§ 2243. “For Sale” signs.
Any unit owner shall have the right to display a “For Sale” sign, measuring up to 12 inches by 18 inches (12″ X 18″) on the exterior wall of such person's unit or the common elements proximate to the unit. Such “For Sale” sign shall be entitled “For Sale”, and contain such information as accurately describes the unit and any applicable names, addresses and phone numbers of the person or persons who are offering the unit for sale, unless unit owners enact a covenant that prohibits this practice.
Developers may initially ban such signs for 2 years from the first sale of a unit, or until 75 percent of the units are sold, whichever comes first.
74 Del. Laws, c. 142, §  1;
2023 Delaware Code › Title 25 - Property › Chapter 22. UNIT PROPERTIES › Subchapter VIII. Miscellaneous › § 2244. Repair and replacement reserve as a percentage of budget.

§ 2244. Repair and replacement reserve as a percentage of budget.
The minimum percentage of the annual budget of a condominium that must be assigned to the repair and replacement reserve will depend on how many of the following components and systems are to be maintained, repaired and replaced by the council:
(1) One or more hallways;
(2) One or more stairwells;
(3) One or more management or administrative offices;
(4) One or more roofs;
(5) One or more windows;
(6) One or more exterior walls;
(7) One or more elevators;
(8) One or more HVAC systems;
(9) One or more swimming pools;
(10) One or more exercise facilities;
(11) One or more clubhouses;
(12) One or more parking garages (but not including surface parking lots);
(13) One or more masonry bridges used by motor vehicles;
(14) One or more bulkheads; and
(15) One or more docks.
In the event that the council is responsible for the maintenance, repair and replacement of 4 or more of the above-described systems or components, the minimum percentage of the condominium's annual budget that must be assigned to the repair and replacement reserve is 15%; if the responsibility extends to only 3 of the above-described systems and components, the minimum percentage is 10%; and if the responsibility extends to only 2 or fewer of the above-described systems and components, the minimum percentage is 5%. In the event that the condominium's accountant certifies that the funds in the repair and replacement reserve are in excess of the sum required to constitute a fully funded repair and replacement reserve as defined in § 2202(8) of this title, the council shall treat the excess as a common profit subject to distribution pursuant to § 2216 of this title. In the event that the association does not have a current repair and replacement reserve as required by this chapter, the minimum percentages of the association's budget to be assigned to the reserve study shall be the percentages prescribed in this section.
77 Del. Laws, c. 92, §  9;