The resale certificate is a document promulgated in response to a consumer protection law in Delaware known as the Delaware Uniform Common Interest Ownership Act (DUCIOA). The law’s purpose is to disclose vital information about, among other things, a community’s financial health, a potential resident’s financial obligation, the rules and regulations that govern its residents, […]
Addressing Complaints of Marijuana Smoke In Community Associations Following Legalization Of Recreational Marijuana Use In Delaware and Maryland
As of April 23, 2023, and July 1, 2023, Delaware and Maryland, respectively, have legalized the personal use of marijuana. In light of the recent laws, common interest communities across these two states may soon (if not already), contemplate how to appropriately address an uptick in complaints related to marijuana smoke. Read the article………………………..
2023 Delaware Legislative Update
Delaware has experienced some noteworthy legislative activity at both the county and state level. While new legislation has not been adopted in the current legislative session, below is a brief summary of the activity transpiring over the last few months that foreshadows what is coming in the future. Read the article………………………..
Why do I need condo insurance when insurance is covered in HOA dues?
As an insurance agent, I hear this question a lot. My reply is this: Yes, the condominium association has what they call a master condo policy that covers the interest of the condominium association, not the owner’s unit. What I mean by this is that the master policy does not cover the unit owners’ contents, […]
Delaware District Court Finds CGL Insurer Owes Condo Builder a Duty to Defend Faulty Workmanship Claims — Based on the Subcontractor Exception to the Your Work Exclusion
On September 7, 2021, in one of the few decisions addressing the scope of coverage for faulty workmanship under Delaware law, the Delaware District Court denied an insurer’s motion seeking a declaration that it neither needed to defend nor indemnify an insured-builder under a commercial general liability policy. Read the entire article……………………………….
Homeowner Associations in Delaware
The rules and regulations for homeowners’ associations can vary widely so it’s vital a home buyer reads the documents before signing. Read the article…………………….
Ex-Board Member of Homeowner’s Association Sues for Improper Removal; Awarded a Proper Removal (DE)
In Beck v. Greim c/o Bombay Woods Maintenance Corp., the Delaware Chancery Court issued a Master’s Report making recommendations regarding a dispute between a homeowner, who had served as a director and officer of the homeowner’s association, and the homeowner’s association and its president, concerning alleged violations of Delaware General Corporation Laws and the association’s […]
Superior Court Explains The Personal Participation Doctrine (DE)
When is a corporate employee responsible for tortious conduct in that capacity? This decision answers that question in a very helpful way. For example, mere nonfeasance is not enough to impose liability on a corporate actor. Read the decision (PDF)…………
Bethany Marina Townhouses Ph. II Condo. Inc. v. BMIG, (DE)
After several years of not completing outstanding condominium units, and for nonpayment of boat-slip fees, the condominium association motioned for summary judgment against the developer. Based on the condominium declaration language and the formalizing of annexations by plan amendment, the court determined that land foreseen for structures but not built, as well as the accessory […]
Does changing the locks on a foreclosed Delaware condo make the mortgagee liable for condo fees?
A decision of the Delaware Court of Common Pleas is worrisome for mortgage lenders. In 1401 Condominium Association v. Wells Fargo Bank, 2016 WL 1734104 (May 2, 2016), the court rejected Wells Fargo’s attempt to dismiss a condominium association’s claim that the bank should pay maintenance fees and assessments on a unit the bank foreclosed. […]
CAI Best Practices: Ethics
Simply put, when someone is employing ethics, he or she recognizes what is right and what is wrong and is choosing to do the right thing; however, as a great deal of business ethics literature will attest, “the right thing” is not always straightforward. For example, most ethical dilemmas in the workplace are not simply […]
Does my HOA own the clubhouse?
Not always. In fact, the larger the clubhouse the less likely it is owned by the HOA. What does that mean? There are only two ways to cover the cost of construction: Read more……..
Why you should read those HOA documents in Delaware
In Delaware, every community that charges more than $500 a year in an HOA fee or a Condo fee is required to produce very detailed documentation. By law this stack of documents must be given to you for your review and acceptance. If you are buying an existing home, the seller is required to pay […]
From Good to Great: Principles for Community Association Success
Every community has its own history, personality, attributes and challenges, but all associations share common characteristics and core principles. Good associations preserve the character of their communities, protect property values and meet the established expectations of homeowners. Great associations also cultivate a true sense of community, promote active homeowner involvement and create a culture of […]
So Now You’re On the Board
The first steps to superior board performance are clarifying your board’s job and then following through with appropriate plans, actions and evaluation of results. The checklists presented here are intended to assist you in those tasks. They cover a significant number of your responsibilities. The checklists will apply to virtually any association. To use them, […]