§ 81-109. Construction against implicit repeal.
§ 81-109. Construction against implicit repeal. This chapter being a general act intended as a unified coverage of its subject matter, no part of it shall be construed to be impliedly repealed by subsequent legislation if that construction can reasonably be avoided. 76 Del. Laws, c. 422, § 2; 77 Del. Laws, c. 91, § […]
§ 81-125. Additional exceptions for preexisting common interest communities or approved common interest communities.
§ 81-125. Additional exceptions for preexisting common interest communities or approved common interest communities. Anything to the contrary in this chapter notwithstanding, an approved common interest community shall be treated under this chapter in the same manner as a preexisting common interest community. 77 Del. Laws, c. 4, § 10; 77 Del. Laws, c. 91, […]
§ 7108. Option to purchase; right of first refusal; rescission of contract to purchase; nonpurchasing tenant with children attending school.
§ 7108. Option to purchase; right of first refusal; rescission of contract to purchase; nonpurchasing tenant with children attending school. (a) Where there is a tenants’ association in existence at the time of the preliminary notice, the owners of the real property which is to be converted shall in a separate writing mailed to the […]
§ 7109. Rights of nonpurchasing tenants.
§ 7109. Rights of nonpurchasing tenants. (a) All manufactured home sites occupied by nonpurchasing tenants shall be managed by the same manager or agent who manages all other units in the manufactured home community. The owner shall provide to nonpurchasing tenants all services and facilities required by law on a nondiscriminatory basis. The owner shall […]
§ 7110. Rights of tenant during conversion.
§ 7110. Rights of tenant during conversion. (a) After the filing of a conversion plan, during the grace period, no owner may evict or fail to renew the lease of a tenant of a manufactured home community which is the site of a proposed conversion; provided, however, that eviction proceedings may be commenced for nonpayment […]
§ 7111. Tenants who are elderly or have disabilities.
§ 7111. Tenants who are elderly or have disabilities. In addition to the protection provided to tenants under this chapter, the following provisions shall apply on behalf of any tenant who has a disability or who is 65 years of age or older: (1) The owner shall supply a list of at least 3 comparable […]
§ 7112. Eviction; access to comparable housing.
§ 7112. Eviction; access to comparable housing. (a) Where, at the conclusion of the grace period, a tenant is evicted by order of court solely as a result of the conversion, the owner shall pay for all expenses incurred by such tenant in moving into his new residence. If the new residence is in a […]
§ 7113. Penalties; jurisdiction.
§ 7113. Penalties; jurisdiction. (a) Civil penalties. — (1) Where an owner violates a provision of § 7105 of this title any action taken by the owner to convert the real property on which a manufactured home community is located into multiple-unit usage shall be invalid; provided, however, that the owner, by again giving the […]
§ 7114. Modification or waiver of chapter.
§ 7114. Modification or waiver of chapter. (a) Except as otherwise provided in this section, any provision in a lease or other agreement which waives or modifies any provision of this chapter shall be void and unenforceable as against public policy. An owner and tenant may, however, agree to a modification or waiver of some […]
§ 81-101. Short title.
§ 81-101. Short title. This chapter shall be known and may be cited as the “Delaware Uniform Common Interest Ownership Act” or “DUCIOA”. 76 Del. Laws, c. 422, § 2; 77 Del. Laws, c. 91, § 82;