§ 81-325. Service on associations and executive board.
§ 81-325. Service on associations and executive board. A person may bring suit against the association or the executive board as a whole in any cause by service in accordance with the otherwise applicable rules authorizing service on the form of legal entity of the association. 76 Del. Laws, c. 422, § 2; 77 Del. […]
§ 81-326. Delaware corporations.
§ 81-326. Delaware corporations. Any association that is a Delaware corporation shall also be subject to the Title 8, which shall govern and control to the extent not inconsistent with this chapter. 77 Del. Laws, c. 91, § 61;
§ 81-315. Assessments for common expenses.
§ 81-315. Assessments for common expenses. (a) (1) Until the association is validly established pursuant to this chapter and makes a common expense assessment, the declarant shall pay all common expenses together, in the case of a condominium or cooperative, with all sums necessary to fully fund the repair and replacement reserve until the association […]
§ 81-316. Lien for assessments.
§ 81-316. Lien for assessments. (a) The association has a statutory lien on a unit for any assessment levied against that unit or fines imposed against its unit owner. Unless the declaration otherwise provides, fees, charges, late charges, fines, and interest charged pursuant to § 81-302(a)(10), (11), and (12) of this title, and any other […]
§ 81-317. Other liens.
§ 81-317. Other liens. (a) In a condominium or planned community: (1) Except as provided in paragraph (a)(2) of this section, a judgment for money against the association if recorded or docketed, is not a lien on the common elements, but is a lien in favor of the judgment lien holder only against all units […]
§ 81-318. Association records.
§ 81-318. Association records. (a) The association shall maintain the following records in written form or in another form capable of conversion into written form within a reasonable time: (1) Detailed records of receipts and expenditures affecting the operation and administration of the association and other appropriate accounting records, including those for the repair and […]
§ 81-319. Association as trustee.
§ 81-319. Association as trustee. With respect to a third person dealing with the association in the association’s capacity as a trustee, the existence of trust powers and their proper exercise by the association may be assumed without inquiry. A third person is not bound to inquire whether the association has power to act as […]
§ 81-320. Rules.
§ 81-320. Rules. (a) Before adopting or substantially amending any rule, the executive board must notify all unit owners of: (i) its intention to adopt the proposed rule and (ii) a date on which the executive board will convene a meeting to receive comments on them from the unit owners. (b) If the right is […]
§ 81-321. Litigation involving declarant.
§ 81-321. Litigation involving declarant. (a) An association’s authority under § 81-302(a)(4) of this title to commence and pursue litigation involving the common interest community is subject to the following rules: (1) Before the association commences litigation, arbitration or any administrative proceedings against a declarant or any person employed by or under contract with a […]
§ 81-323. Removal of members of executive board.
§ 81-323. Removal of members of executive board. Notwithstanding any provision of the declaration or bylaws to the contrary, the unit owners, by a two-thirds vote of all persons present, in person, by proxy or by ballot, and entitled to vote at any meeting of the unit owners at which a quorum is present, may […]