Delaware HOA Laws and Regulations: Guide (2026)

Quick Answer

Delaware governs HOAs and condominiums through the Delaware Uniform Common Interest Ownership Act (DUCIOA), 25 Del. C. Chapter 81, which covers condominiums, planned communities and cooperatives. It generally applies to communities created on or after its September 30, 2009 effective date, with certain provisions reaching older communities. Earlier condominiums may still be under the Unit Properties Act (25 Del. C. Chapter 22).

Which laws govern HOAs and condominiums in Delaware

Delaware is one of the states with a comprehensive uniform act, and its version includes some unusually specific rules on reserves, board meetings and records. The key question for any association is whether DUCIOA applies in full, applies in part, or does not apply because the community predates it.

The Delaware Uniform Common Interest Ownership Act

DUCIOA is Title 25, Chapter 81 of the Delaware Code. Section 81-101 provides that the chapter may be cited as the Delaware Uniform Common Interest Ownership Act or DUCIOA. Subchapter I contains general provisions and applicability, Subchapter III covers management of the common interest community (the sections boards use most, 81-301 through 81-326), and a later subchapter covers protection of purchasers, including resales at § 81-409. The code's effective-date provisions state September 30, 2009 as the date the act took effect, and secondary summaries describe it as applying to communities created after that date, with certain sections applying to earlier communities and the option for older associations to elect in.

Older condominiums and the Unit Properties Act

Condominiums created before DUCIOA were organized under the Delaware Unit Properties Act, 25 Del. C. Chapter 22. According to summaries, it remains in force for those communities unless they elect to adopt DUCIOA. Your declaration and bylaws remain the primary rulebook. See our complete guide to condo associations for general background.

Corporate law and governing documents

Delaware associations are often incorporated, and the records section of DUCIOA refers to the certificate of incorporation and annual reports filed with the Secretary of State. Section 81-326 deals with Delaware corporations. As with any state, the declaration, bylaws and rules sit beneath the statute; our guide to HOA governing documents explains how they fit together.

Delaware HOA and condo law at a glance

The table below is based on our review of the text of the Delaware Code. Where we did not verify a rule, it says to see your documents.

Assessments, liens and collection

Section 81-316 gives the association a statutory lien on a unit for assessments levied against it or fines imposed against its owner. Unless the declaration says otherwise, late charges, fines, interest, other sums due under the declaration or the chapter, and court costs and reasonable attorneys' fees incurred in collection are enforceable in the same manner as unpaid assessments. Unless the declaration sets a different rate, interest accrues at the lesser of 18 percent per year or the highest rate permitted by law.

The lien is generally prior to other liens except those recorded before the declaration, first or second security interests recorded before the assessment became delinquent, and tax liens. However, the lien has priority over those mortgages for an amount not to exceed six months of customary common expense assessments, and the statute conditions that priority on the association having recorded a document with its name, address, contact telephone number, contact e-mail address and website (if any), and a statement of lien at least 30 days before a sheriff's sale. Those liens expire on the first day of the sixtieth month after recording. The declaration's recording itself gives notice, and a lien for unpaid assessments is extinguished unless enforcement begins within 3 years after the full amount becomes due, with tolling for a bankruptcy stay.

The statute also deals with payoff statements: the association must furnish a statement of unpaid assessments within 10 business days of a written request, may charge up to $25 (except where the account has been referred to legal counsel), and the statement binds the association. For condominium and planned-community liens, foreclosure is in the manner of a mortgage by equitable foreclosure or other lawful procedures in the declaration. A judgment must include costs and reasonable attorney's fees for the prevailing party.

Reserves in Delaware condominiums

Delaware is unusual in setting minimum reserve funding rules by statute, but only for condominiums and cooperatives. Under § 81-315(a), the budget of a condominium or cooperative must include a line item for the repair and replacement reserve sufficient to reach the level in the reserve study or maintain it. The statute lists fifteen components, such as hallways, roofs, windows, exterior walls, elevators, HVAC systems, pools, clubhouses, parking garages, bulkheads and docks. Where the association does not have a current reserve study, the minimum share of the annual budget assigned to reserves is 15 percent if the board maintains four or more of those components, 10 percent for three, and 5 percent for two or fewer. If the association's accountant certifies a surplus above a fully funded reserve, the board must refund or credit the excess to owners. Our article on HOA reserve funds explains how reserve studies work.

Meetings, records and rules

Delaware's meeting rules are detailed. Notices of owner meetings must state the time, place and agenda items, including proposed amendments, budget changes and proposals to remove an officer or board member, and owners must have a reasonable opportunity to comment on any matter affecting the community. If the association does not send notice of a special meeting within 30 days after the required owners ask, the owners may send it themselves. The board must meet at least quarterly under § 81-308A, with notice to owners 10 to 60 days ahead unless a schedule has been distributed or the meeting is an emergency. After declarant control ends, board meetings are open to owners except for executive sessions on topics such as consulting the association's lawyer, labor or personnel matters and certain contract negotiations; the statute lists the full set.

On records, § 81-318 requires detailed receipts and expenditure records including reserves, minutes, a member list, and a set of documents kept at the principal office, including three years of financial statements and tax returns and, for condominiums and cooperatives, the most recent reserve study. Owners may inspect on five days' written notice reasonably identifying the purpose and records requested, and the association may not be forced to compile information. Section 81-320 requires the board to notify owners and hold a comment meeting before adopting or substantially amending a rule, and requires that rules be reasonable. For further background, see what powers an HOA has, board member responsibilities and rental caps.

Recent changes

The code history for § 81-318 shows an amendment by 83 Del. Laws c. 173 to the records provisions, and the act has been amended several times since 2009. For a longer summary, read Delaware HOA law changes 2021-2025. Check the current Delaware Code before relying on any section cited here, since the chapter is amended periodically.

Remote HOA management in Delaware

Delaware associations can use remote management to meet the statute's paperwork demands: a cloud dashboard for budgets, reserve tracking and vendor invoices; online dues collection with ledgers that support payoff statements and the lien process; digital violation tracking with notices and hearing records; and board support by phone, email and video for quarterly board meetings and annual owner meetings. See our page on remote HOA management in Delaware and our pricing page.

Rules on manager licensing and registration vary by state, so associations should confirm what applies in Delaware. Our searches did not turn up a dedicated Delaware community association manager license, and we did not verify how Delaware real estate licensing laws apply to association management, so confirm with the Delaware Division of Professional Regulation or your attorney before hiring a manager.

Frequently Asked Questions

What is the main HOA law in Delaware?

The Delaware Uniform Common Interest Ownership Act, 25 Del. C. Chapter 81 (DUCIOA), which covers condominiums, planned communities and cooperatives. It took effect September 30, 2009 and generally applies to communities created after that date, with certain provisions reaching older ones.

Does a Delaware HOA lien come before my mortgage?

Mostly no. Under § 81-316, the association lien is generally behind a first or second security interest recorded before the assessment became delinquent, but has priority over those mortgages for up to six months of customary assessments if the statute's recording requirements are met. The lien is extinguished if enforcement does not start within 3 years.

Do Delaware condominiums have to fund reserves?

Yes, under § 81-315(a) a condominium or cooperative budget must include a reserve line item sufficient to meet the reserve study level. Where there is no current study, minimum shares of 15, 10 or 5 percent of the annual budget apply depending on how many listed components the board maintains. The reserve rule does not expressly extend to planned communities.

Can Delaware owners inspect HOA records?

Yes. Under § 81-318, owners may examine and copy association records on five days' written notice for a good-faith, proper purpose, subject to exceptions for matters such as personnel, pending litigation, attorney-client communications and executive session minutes. Copy fees are limited to actual cost.

Are Delaware board meetings open to owners?

After declarant control ends, yes, under § 81-308A, except for listed executive-session topics such as legal consultations and personnel matters. The board must meet at least quarterly, and owners get 10 to 60 days' notice unless a schedule was distributed or the meeting is an emergency.

How APM Helps

Association Property Managers provides remote HOA and condo management to boards nationwide, with offices in East Lansing, Michigan and Dublin, California. If your Delaware board wants help with budgets, reserves, collections and meetings, see our association management services or request a free proposal, delivered within 3 business days. You can also call 810.777.7060 or read what HOA management is.

This article is general information, not legal advice. Laws change and associations differ; consult a licensed attorney in Delaware. Last verified October 25, 2026.