§ 81-421. Amendment to public offering statement.
§ 81-421. Amendment to public offering statement. Following execution of a contract of sale by a purchaser, the declarant may not amend any required public offering statement without the approval of such purchaser if the amendment would materially affect the rights of such purchaser. Approval by such purchaser is not required if the amendment is […]
§ 81-410. Escrow of deposits.
§ 81-410. Escrow of deposits. Any deposit made in connection with the purchase or reservation of a unit from a person required to deliver a public offering statement pursuant to § 81-402(c) of this title must be placed in escrow and held either in this State or in an account designated solely for that purpose […]
§ 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 […]
§ 81-324. Adoption of budget.
§ 81-324. Adoption of budget. (a) The executive board shall, at least annually, prepare a proposed budget for the common interest community. In a condominium or cooperative, the proposed budget shall include a line item for any required funding of a repair and replacement reserve. Within 30 days after adoption of any proposed budget after […]
§ 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;
§ 81-401. Applicability; waiver.
§ 81-401. Applicability; waiver. (a) This subchapter applies to all units subject to this chapter, except as provided in subsection (b) of this section or as modified or waived by agreement of purchasers of units in a nonresidential common interest community or as to units that are restricted to nonresidential use. (b) Neither a public […]
§ 81-402. Liability for public offering statement requirements.
§ 81-402. Liability for public offering statement requirements. (a) Except as provided in subsection (b) of this section, a declarant, before offering any interest in a unit to the public, shall prepare a public offering statement conforming to the requirements of §§ 81-403, 81-404, 81-405, and 81-406 of this title. (b) A declarant may transfer […]