Delaware homeowners associations are governed by the Delaware Uniform Common Interest Ownership Act, 25 Del. C. § 81-101 et seq., which covers HOAs, condos, and co-ops together. It applies fully to communities created after September 30, 2009 — and a specific list of its most important consumer-protection sections (fines, liens, quorum, board structure, resale certificates) also reaches back to cover older communities, even ones that never formally opted in. Delaware also has a genuinely distinctive feature: a state-run Common Interest Community Ombudsperson.
Fines: what your HOA can and can't charge
Delaware sets no statutory dollar cap on fines — the board may levy "reasonable fines" only after notice and an opportunity to be heard, with the amount otherwise left to your governing documents. This notice-and-hearing requirement is one of the provisions that applies to virtually every Delaware HOA, regardless of when it was formed.
See our guide on how to fight an HOA fine for the general playbook.
Unpaid assessments, liens, and foreclosure
Delaware gives associations an automatic statutory lien, with real limits before it can turn into a foreclosure:
- Interest capped at the lesser of 18% per year or the highest rate allowed by law.
- Six-month super-priority over a first or second mortgage recorded before the delinquency.
- Before foreclosure: you must owe at least 3 months of assessments, the board must formally vote to proceed, and the association must record and send written notice — a sale can't happen until 5 weeks after that notice goes out.
- Account statement fee capped at $25.
- 3-year window to bring an enforcement action after the full assessment becomes due.
More on this in our guide to what happens if you don't pay HOA dues.
Meetings and quorum
For communities formed after 2009 (or that have opted in), meeting notice runs 10 to 60 days in advance. Default quorum — which applies broadly, including to older communities — requires at least 20% of the association's votes present, and at least 25% of unit owners who aren't the developer. The board itself must meet at least quarterly.
Board elections
Delaware's statute doesn't set a plurality-vs-majority standard for board elections — that's a bylaws matter. There's no statutory bar on delinquent owners or people with felony convictions serving on the board; check your own governing documents rather than assuming state law restricts this. A board member can be removed by a two-thirds vote of those present at a properly noticed meeting, as long as those in favor also exceed one-third of the association's total votes; the board fills its own vacancies.
For the general mechanics, see how HOA board elections work.
Buying a home in a Delaware HOA
Before you buy a resale home, the association must produce a resale certificate covering current and delinquent assessments, reserve fund balances, planned capital spending, recent financials, insurance, known violations, and board meeting minutes from the last six months.
You can cancel your purchase within 5 days of first receiving the certificate, unless you got it before you signed the contract — that right runs out once the sale closes.
See our full buying checklist for homes in an HOA before you make an offer.
Need help with a Delaware HOA issue? Find an HOA attorney in Delaware, or find a management company in Delaware.