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Delaware Condo & HOA Articles Archive

/ Owner - June 28, 2012
  • What is a DUCIOA?Resale Certificate and why do I?need it? (DE)
    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, and the issues that have been discussed at recent meetings.    Read the article………………………..
  • 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, or building additions and alterations that they may make to the inside of their unit, or the personal liability for what happens inside their unit and some types of loss assessments that may be assessed to the unit owners from the association.   Read the article………………………..
  • 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 failure to enforce deed restrictions under Del. C. § 348.  Read the article……………….
  • 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 structures, remained the developer’s property. The access easement did not expire, even if the deadline to annex did. The court denied the association’s motion. It granted defendant’s motion with regard to land, but not the boat-slip fees.  Read the article………..
  • 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. The association characterizes the bank as the “owner” of the unit because after foreclosure, the bank had the apartment locks changed.      Read the article…………..
  • 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 questions of “Should Bob steal from Jack?” or “Should Jack lie to his boss?”
  • Friends of the Village of Cinderberry v. Village of Cinderberry Property Owners Association, Inc. (DE)
    Friends of the Village of Cinderberry v. Village of Cinderberry Property Owners Association, Inc. (DE)
  • 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 for a complete, current set of documents and deliver them to you or your agent.     Read more…….
  • Transition
  • Strategic Planning
    Strategic Planning
  • Reserve Studies/Management
    Reserve Studies/Management
  • Green Communities
    Green Communities
  • Governance
  • Community Security
    Community Security
  • Financial Operations
    Financial Operations
  • Energy Efficiency
    Energy Efficiency
  • Community Harmony & Spirit
    Community Harmony & Spirit
  • 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 informed consensus.
  • Introduction to Community Association Living
    Community Volunteer Leadership Development Program Community volunteer leaders and members can maximize the benefits of community association living by better understanding the history, purpose, and function of community associations. One way to do so is by participating in the Center for Community Association Volunteers’ (CCAV) Community Volunteer Leadership Development Program – offered online or by local CAI chapters.    Read more…….
  • 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, simply modify or delete items as appropriate. http://communityassociations.net/wp-content/uploads/2011/03/so_now_youre_on_the_board.pdf  
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