§ 81-121. Amendments to governing instruments.
§ 81-121. Amendments to governing instruments. (a) The declaration, bylaws, or plats and plans of any common interest community created before the effective date of this chapter, may be amended to achieve any result permitted by this chapter, regardless of what applicable law provided before this chapter was adopted. (b) An amendment to the declaration, […]
§ 81-122. Applicability to nonresidential and mixed-use common interest communities.
§ 81-122. Applicability to nonresidential and mixed-use common interest communities. (a) Except as provided in subsection (e) of this section, this section applies only to nonresidential common interest communities. (b) A nonresidential common interest community is not subject to this chapter unless the declaration otherwise provides. (c) The declaration of a nonresidential common interest community […]
§ 81-123. Applicability to out-of-state common interest communities.
§ 81-123. Applicability to out-of-state common interest communities. This chapter does not apply to common interest communities or units located outside this State, but the public offering statement provisions in subchapter IV of this chapter apply to all contracts for the disposition thereof signed in this State by any party unless exempt under § 81-401 […]
§ 81-108. Supplemental general principles of law applicable.
§ 81-108. Supplemental general principles of law applicable. The principles of law and equity, including the law of corporations and any other form of business organization authorized by law in this State, the law of real property, and the law relative to capacity to contract, principal and agent, eminent domain, estoppel, fraud, misrepresentation, duress, coercion, […]
§ 81-124. Applicability to continuing care common interest communities.
§ 81-124. Applicability to continuing care common interest communities. Anything to the contrary in this chapter notwithstanding, this chapter does not apply to any condominium, cooperative or other common interest community created in this State before October 31, 2008, that is a continuing care facility governed by the Delaware Life-Care Registration Act (§ 4601 et […]
§ 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a general act intended as a unified coverage of its subject matter, no part of it shall be construed to be impliedly repealed by subsequent legislation if that construction can reasonably be avoided. 76 Del.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, […]
§ 81-110. Uniformity of application and construction.
§ 81-110. Uniformity of application and construction. This chapter shall be applied and construed so as to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it. 76 Del. Laws, c. 422, § 2; 77 Del. Laws, c. 91, § 82;
§ 81-126. Transition period for existing contracts prior to effective date.
§ 81-126. Transition period for existing contracts prior to effective date. Anything to the contrary in this chapter notwithstanding, any declarant, dealer, or unit owner may, but shall not be obligated to, comply with the provisions of subchapter IV of this chapter regarding public offering statements and resale certificates with respect to any contract of […]
§ 81-111. Severability.
§ 81-111. Severability. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provisions or applications, and to this end the provisions of this chapter are severable. […]