Delaware HOA Law Changes 2021–2025: What Every Board Needs to Know

Overview of Delaware HOA Law Changes 2021–2025

Delaware common interest communities — condominiums, planned communities, and cooperatives created after September 30, 2009 — are governed by the Delaware Uniform Common Interest Ownership Act (DUCIOA), codified at 25 Del. C. Chapter 81. Rather than a comprehensive overhaul, the main legislative activity affecting Delaware associations during this period was a technical clean-up bill.

2021–2022 Legislative Session

HB 112 — Technical Corrections and Preexisting Community Provisions

HB 112 corrected a number of technical and typographical errors in DUCIOA and made changes agreed upon by the Common Interest Community Advisory Council together with representatives of builders, real estate professionals, association managers, and owners. Among the substantive fixes, the bill clarified DUCIOA's original intent that the act exempts nonresidential common interest communities, and it extended several specific DUCIOA sections to apply to preexisting communities (those created before DUCIOA's effective date) that previously fell outside those provisions. This was a maintenance bill rather than a new regulatory framework, but it does mean associations formed before DUCIOA's 2009 effective date should confirm which additional sections now apply to them.

Mortgagee Consent on Declaration Amendments

DUCIOA § 81-217 addresses what happens when a declaration amendment requires the consent of a person holding a security interest in a unit: if the association delivers or mails notice by certified mail and receives no written refusal within 45 days, consent is deemed granted. This deemed-consent mechanism is important for associations that need to amend their declaration but have unresponsive mortgage holders on file.

Board Action Checklist

• If your association was formed before DUCIOA's effective date, confirm which additional statutory sections now apply as a result of HB 112
• Confirm your community is not exempt from DUCIOA as a nonresidential common interest community before assuming the act applies
• When a declaration amendment requires mortgagee consent, use certified mail notice and track the 45-day window carefully to establish deemed consent if the lienholder does not respond
• Consult Delaware counsel before assuming any statutory right or requirement not found in 25 Del. C. Chapter 81 or your governing documents

How APM Helps Delaware HOA Boards Stay Compliant

APM's remote HOA management service monitors Delaware HOA and condominium law updates and provides client boards with compliance guidance and updated policy templates as the law changes. Learn about our Delaware remote management services. Contact us at billing@apmhoa.com or call 810-777-7060.

Legal disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed Delaware attorney for guidance specific to your community.