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Delaware State Laws

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Delaware Community Association Laws

DUCIOA (Ch. 81) for condos/HOAs/co-ops, legacy Unit Property Act (Ch. 22), Manufactured Homes Act (Ch. 70), corporate law (Title 8 nonstock), DOJ CIC Ombudsperson. Reference hub

Delaware takes a measured, process-forward approach. The
Delaware Uniform Common Interest Ownership Act (DUCIOA)
standardizes governance for condominiums, cooperatives, and planned communities, while the
Unit Property Act
still covers many pre-2009 condos. The Attorney General’s
Common Interest Community Ombudsperson emphasizes education, internal dispute procedures, and fair elections before formal escalation. For manufactured home communities, robust rent-increase rules and a
Relocation Trust Fund
balance park operations with homeowner protections. Net: transparent if you follow the steps—and expect documentation.

At a glance

  • DUCIOA (Ch. 81): Default framework for condos, HOAs (planned communities), and co-ops—meetings, records, budgets/reserves, assessments/liens, purchaser protections.
  • Legacy condos: The Unit Property Act (Ch. 22) still applies to many pre-Sept. 30, 2009 condos; certain DUCIOA sections apply retroactively.
  • Manufactured homes: Subchapter VI (rent increases/justification) + Relocation Authority & Trust Fund.
  • Corporate form: Most associations are nonstock corporations under Title 8 (see §114 nonstock “translator”).
  • Ombudsperson: DOJ office offers education, election procedures, complaint review, and ADR.

Primary Statutes

DUCIOA — Title 25, Chapter 81

Covers condos, co-ops, and planned communities: governance, owner rights, budgets/reserves, disclosures, assessments/liens.

Delaware Code (chapter)

Unit Property Act — Title 25, Chapter 22

Legacy condominium law for many communities created before Sept. 30, 2009; some DUCIOA provisions apply by statute.

Delaware Code (chapter)

Popular Sections (direct links @ Justia)

DUCIOA (Ch. 81)

Manufactured Homes (Ch. 70)

Administrative Guidance & Ombudsperson

Delaware’s Ombudsperson (DOJ, Fraud & Consumer Protection Division) provides education, complaint review, ADR, and election services.

Services & Overview

Elections

Manufactured Homes

Community Association Managers — Licensing

State requirements

  • Delaware has no state CAM licensing program. Managers may operate without a Delaware CAM license; some roles may still require a real estate license if performing brokerage services.
  • Check individual credentials and experience; many boards prefer nationally recognized certifications.

Verify DE professional licenses
CAMICB — CMCA certification

Reference: Delaware Real Estate Commission licensing (Title 24, Ch. 29) governs real estate services, not a standalone CAM license.

Handy resources

Governing Documents & Overlays

  • Governing documents: Declaration/CC&Rs (or Unit Property docs), plats, bylaws, rules/resolutions.
  • Federal overlays: Fair Housing Act, ADA (where applicable), FDCPA (collections), FCC OTARD (antennas).
  • State/local overlays: Building codes, stormwater, county/municipal ordinances.
  • Conflicts: Statutes (DUCIOA/UPA) can supersede conflicting documents; consult counsel for interpretation.

Contacts

Common Interest Community (HOA) Ombudsperson — Delaware DOJ

  • Services: Education, internal dispute templates, complaint review, ADR, elections.
  • Complaint/Forms: CIC forms · How to file
  • Email: cic.ombudsmandoj@delaware.gov
  • Phone: (302) 683-8836 · Outside New Castle County: (800) 220-5424
  • Address: 820 N. French St., Wilmington, DE 19801

DE Manufactured Home Relocation Authority (DEMHRA)

Disclaimer

This page is a general reference and not legal advice. Statutes and guidance change; always verify current text on the linked official sites and consult qualified counsel for your situation.

Last updated: September 9, 2025

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