Delaware HOA & condo compliance, with the statute behind every deadline
Delaware regulates condominiums, cooperatives, and planned communities (Delaware's own term for what this product calls an HOA) under one modern law — the Uniform Common Interest Ownership Act, 25 Del. C. Chapter 81 — but a community created before September 30, 2009 answers mostly to an older law, the Unit Property Act, with a specific, named list of current-law sections reaching back onto it. GnomeOwner's compliance calendar tracks the duties that reach a self-managed Delaware association either way, and shows the exact statute sentence behind each one, not just a due date.
Delaware carries one of the sharpest reserve-funding mandates GnomeOwner has found anywhere — and it reaches even a pre-2009 community. See the fact below.
Delaware requires funding your reserve at 5%, 10%, or 15% of the budget — and it reaches pre-2009 communities too
Delaware doesn't just require a reserve — it sets the minimum funding level directly, on a sliding scale tied to how many major shared systems your association is responsible for: hallways, stairwells, roofs, elevators, and similar big-ticket components. Responsible for 4 or more of them, the minimum is 15% of the annual budget; for 3, it's 10%; for 2 or fewer, it's 5%. Because this section sits on Delaware's own reach-back list, the mandate binds a condominium or cooperative created before September 30, 2009 too, not just a newer one — one of the few duties on this page that's actually MORE demanding for an older community than a comparable disclosure-only state's full-coverage rule.
“The minimum percentage of the annual budget of a condominium or cooperative that must be assigned to the repair and replacement reserve will depend upon how many of the following components and systems are to be maintained, repaired and replaced by the executive board:”
A few of the duties GnomeOwner tracks for Delaware common interest communities — condominiums, cooperatives, and planned communities — governed by the Delaware Uniform Common Interest Ownership Act, 25 Del. C. Chapter 81, and, for many pre-2009 condominiums, the older Unit Property Act
Every deadline here shows you the exact sentence of the statute it comes from, so you — or your attorney — can check it in seconds.
Hold the annual association meeting
At least once each year; the exact date is set by the bylaws.
Applies to a Delaware condominium, cooperative, or planned community created on or after September 30, 2009, or one whose owners voted to adopt the current law in full — unless it's small enough for its own size exemption: a condominium or cooperative of 20 or fewer units (with no right to expand past that) owes only §§ 81-106 and 81-107, and a planned community of that size, or one with a low capped common-expense charge, owes only §§ 81-105, 81-106, and 81-107, so this duty doesn't reach either one unless their declaration opts into full coverage. A pre-2009 community that hasn't opted in is not reached by this duty either.
“A meeting of the association must be held at least once each year.”
Hold an executive board meeting at least quarterly
Hold a meeting of the executive board at least once every quarter. Incidental or purely social gatherings of directors don't count, and the board may not use them to evade this rule.
“A meeting of the executive board must be held at least quarterly.”
Hold executive board meetings open to unit owners
After the period of declarant control ends, keep all executive board meetings open to unit owners, except for an executive session held to consult with the association's attorney about litigation or a contract matter, discuss labor or personnel matters, review contract-negotiation bids, or discuss an owner complaint the board determines involves that owner's privacy.
Your community's period of declarant control has ended.
“After the period of declarant control ends, all meetings of the executive board shall be open to the unit owners except for executive sessions held for purposes of:”
Fund the repair and replacement reserve at the statutory minimum percentage
As part of the annual budget, include a line item funding the repair and replacement reserve at Delaware's statutory minimum — 5%, 10%, or 15% of the annual budget, rising with how many of a named list of major shared building components and systems (things like hallways, roofs, elevators, and HVAC systems) the executive board is responsible to maintain, repair, and replace. If the association's reserve study has lapsed, this flat percentage schedule governs until a current study is done.
Your community is a condominium or cooperative — Delaware's reserve-funding percentage mandate is written specifically for condominiums and cooperatives, not for planned communities generally (though a planned community that is itself structured as, or contains, a condominium or cooperative may still owe it for that portion).
“The minimum percentage of the annual budget of a condominium or cooperative that must be assigned to the repair and replacement reserve will depend upon how many of the following components and systems are to be maintained, repaired and replaced by the executive board:”
Maintain property, liability, and fidelity insurance
Starting no later than the first conveyance of a unit to someone other than the declarant, maintain — to the extent reasonably available — property insurance on the common elements for at least 80% of actual cash value, liability insurance (including medical payments coverage), and fidelity insurance.
Applies to a Delaware condominium, cooperative, or planned community created on or after September 30, 2009, or one whose owners voted to adopt the current law in full — unless it's small enough for its own size exemption: a condominium or cooperative of 20 or fewer units (with no right to expand past that) owes only §§ 81-106 and 81-107, and a planned community of that size, or one with a low capped common-expense charge, owes only §§ 81-105, 81-106, and 81-107, so this duty doesn't reach either one unless their declaration opts into full coverage. A pre-2009 community that hasn't opted in is not reached by this duty either.
“Commencing not later than the time of the first conveyance of a unit to a person other than a declarant, the association shall maintain, to the extent reasonably available:”
Furnish a statement of unpaid assessments within 10 business days of a request
Within 10 business days after a unit owner's written request, furnish a statement setting forth the amount of unpaid assessments against that unit. The statement binds the association, the executive board, and every unit owner.
“The statement must be furnished within 10 business days after receipt of the request and is binding on the association, the executive board, and every unit owner.”
Keep association records and make them available to owners
Keep minutes of all member and executive board meetings (and records of actions taken without a meeting) on an ongoing basis, plus detailed accounting records (including reserve-fund records), a membership roster, current director and officer contact information, and — for a condominium or cooperative — its most recent reserve study. Separately, at the association's principal office, keep a copy of: its incorporation/bylaws documents; member-meeting minutes and records of member action taken without a meeting for the past 3 years; 3 years of financial statements, tax returns, and auditor reports; and records detailed enough to furnish resale-certificate information to a requesting unit owner, purchaser, or lender. Make records available to a requesting owner within a reasonable business-hours time, on at least 5 days' written notice identifying the purpose and specific records requested.
“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 replacement reserve.”
Furnish resale-certificate information on request (10 days)
Within 10 days of a unit owner's request, furnish a certificate containing the information that owner needs to complete the resale certificate they must give a buyer — assessments and other charges due, reserves, capital expenditures, insurance, unsatisfied judgments and pending litigation, and other named disclosures.
“The association, within 10 days after a request by a unit owner, shall furnish a certificate containing the information necessary to enable the unit owner to comply with this section.”
Give notice and an opportunity to be heard before levying a fine
Before levying a fine for a violation of the declaration, bylaws, or rules, give the unit owner notice and an opportunity to be heard.
Your executive board is considering levying a fine against a unit owner (or a tenant) for a violation of the declaration, bylaws, or rules.
“after notice and an opportunity to be heard, may levy reasonable fines for violations of the declaration, bylaws and rules of the association”
Every item above is drafted from Delaware’s statute text and shown beside the exact sentence it comes from — check any claim against the law’s own words. This page hasn’t had a full attorney review. Confirm anything you plan to act on with your own attorney or CPA; law as reflected here is current as of 2026-08-16.
This calendar is built from Justia's 2025 edition of the Delaware Code — the newest amendment act visible anywhere in the captured text is 83 Del. Laws, c. 173; whether Delaware's 2026 legislative session further amended Chapter 81 or the older Unit Property Act was not independently checked. Confirm current law with your attorney before relying on any exact figure, percentage, or deadline.
Delaware questions we hear a lot
Does Delaware require a condo or HOA reserve fund?
Yes, and it's specific — Delaware's minimum reserve-funding percentage depends on how many major shared systems (hallways, stairwells, roofs, elevators, and similar components) your association is responsible for: the statute sets the minimum at 15% of the annual budget when 4 or more of those systems are the executive board's responsibility, 10% at 3, and 5% at 2 or fewer (25 Del. C. § 81-315(a)(2), the statute's own opening sentence is quoted above). This mandate is written for condominiums and cooperatives specifically, and it reaches even a pre-2009 community — unless the community is small enough to qualify for its own size exemption, in which case this duty doesn't reach it either (see the next question).
Does Delaware have one condo/HOA law or two?
Two, both still live — plus a third wrinkle worth knowing. A community created on or after September 30, 2009 is governed by the modern Uniform Common Interest Ownership Act in full. One created before that date is governed mostly by the older Unit Property Act instead, except that a named list of current-law sections — including the reserve-funding mandate, open board meetings, and resale certificates — reaches back and binds it too, for events happening after the 2009 cutover (25 Del. C. § 81-119). The wrinkle: even a post-2009 (or opted-in) community can be small enough to skip almost all of this. A condominium or cooperative of 20 or fewer units with no right to expand past that owes only §§ 81-106 and 81-107 (25 Del. C. § 81-117); a planned community that size, or one with a low capped common-expense charge, owes only §§ 81-105, 81-106, and 81-107 (§ 81-118) — unless its own declaration opts into full coverage anyway.
How often must a Delaware condo or HOA board meet, and are meetings open?
At least quarterly (25 Del. C. § 81-308A(a)). After the period of declarant control ends, those meetings must stay open to unit owners too, except for a narrow executive session to consult the association's attorney, discuss labor or personnel matters, review contract-negotiation bids, or discuss an owner-complaint privacy matter (§ 81-308A(c)).
Does Delaware require condo or HOA insurance?
It depends on your community's vintage and size. Under the modern Act, insurance is mandatory starting no later than the first unit conveyance: property insurance for at least 80% of actual cash value, plus liability and fidelity insurance (25 Del. C. § 81-313(a)) — unless the community is small enough for its own size exemption (20 or fewer units for a condominium or cooperative under § 81-117, or the same size or a low common-expense cap for a planned community under § 81-118), in which case this mandate doesn't reach it either, and insurance is left to the declaration or a board vote. This section is NOT on Delaware's reach-back list, so a pre-2009 community not opted into full coverage has no statutory insurance mandate — its legacy Unit Property Act makes insurance conditional on what the declaration, bylaws, or a majority of owners require instead.
Is GnomeOwner's Delaware compliance calendar reviewed by a lawyer?
Every deadline on this page is shown beside the exact sentence of the statute it comes from — so you can check each claim against the law's own words, right here on the page. What this page hasn't had yet is a full attorney review. It's legal information, not legal advice: confirm anything you plan to act on with your own attorney.
Also covered: North Carolina, Nevada, Virginia, Arizona, Washington, South Carolina, Illinois, Oregon, Utah, California, Colorado, Texas, Georgia, Florida, New York, Michigan, Massachusetts, Ohio, Pennsylvania, New Jersey, South Dakota, Wyoming, Connecticut, Alaska, West Virginia, Vermont, Alabama, Montana, Hawaii, New Hampshire, Idaho, Iowa, Kentucky, Louisiana, North Dakota, Maine, Nebraska, Rhode Island, Oklahoma, New Mexico, Kansas, Mississippi, Arkansas, Missouri, Wisconsin, Indiana, Maryland, Minnesota, Tennessee. More states are added as their compliance calendars are built — see the full list.
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