Delaware Uniform Common Interest Ownership Act 2017
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§ 81-118. Exception for small and limited expense liability planned communities.
(a) If a planned community:
(1) Contains no more than 20 units and is not subject to any developmental rights expanding it to
include more than 20 units; or
(2) Provides, in its declaration, that during the period of declarant control the annual average
common expense liability of each unit restricted to residential purposes, exclusive of optional user fees
and any insurance premiums paid by the association, may not exceed $500, as adjusted pursuant to
paragraph (b)(2) of this section, it is subject only to §§ 81-105 (Separate titles and taxation), 81-106
(Applicability of local ordinances, regulations, and building codes), and 81-107 of this title (Eminent
domain), but to no other sections of this chapter unless the declaration provides that this entire chapter is
applicable. The bylaws of any such planned community, and any amendments thereto, shall be recorded.
(b) The exemption provided in paragraph (a)(2) of this section applies only if:
(1) The declarant reasonably believes in good faith that the maximum stated assessment will be
sufficient to pay the expenses of the planned community; and
(2) The declaration provides that the assessment may not be increased during the period of
declarant control without the consent of all unit owners; except that commencing with the July 1 next
following the effective date of this chapter and each July 1 thereafter during the period of declarant
control, the assessment specified in the declaration may be increased by an amount not in excess of 3
percent over the amount so calculated for the previous year.
76 Del. Laws, c. 422, § 2; 77 Del. Laws, c. 91, §§ 16, 17, 81, 82; 77 Del. Laws, c. 364, § 4.;
§ 81-119. Applicability to preexisting common interest communities and approved
common interest communities.
Except as provided in § 81-120 (Exception for small preexisting cooperatives and planned communities),
and § 81-124 and except as limited by § 81-122 of this title hereof, §§ 81-105, 81-106, 81-107, 81-127, 81-
203, 81-204, 81-221, 81-301, 81-302(a)(1) through (6) and (11) through (17), 81-302(f), 81-302(g), 81-303,
81-307(a), 81-309(a), 81-311, 81-315, 81-316, 81-318, 81-321, 81-322 [repealed], 81-323, 81-324, 81-409,
and 81-417 of this title, and § 81-103 of this title to the extent any definitions are necessary in construing
any of the foregoing sections to the extent the definitions do not conflict with the declaration, apply to all
common interest communities and approved common interest communities created in this State before the
effective date; but those sections apply only with respect to events and circumstances occurring after the
effective date, and do not invalidate existing provisions of the declaration, bylaws, code of regulations,
declaration plan, or plats or plans of those preexisting common interest communities and approved
common interest communities that do not conflict with this chapter. With respect to condominiums and
cooperatives, such existing provisions of those declarations, bylaws, codes of regulations, declaration
plans, plats or plans, and subsequent amendments thereto adopted subsequent to the effective date of this
chapter in strict accordance with those existing provisions, and not in conflict with the Unit Property Act
(Chapter 22 of this title), shall be controlling in the event of any express conflict between those existing
provisions (as duly amended) and the provisions of this chapter. In matters and as to issues where neither
such existing provisions of the declaration, bylaws, code of regulations, declaration plan, or plats or plans
(as duly amended) of preexisting common interest communities or approved common interest communities
nor the Unit Property Act (Chapter 22 of this title) expressly addresses the matter or issue, the provisions
of this chapter shall control. As to any such preexisting common interest community or approved common
interest community prior to the effective date: (i) this chapter shall not operate to terminate or allow the
termination of existing contractual obligations created prior to the effective date, including, but not
limited to contracts for units for preexisting common interest communities or approved common interest
community projects; (ii) this chapter shall not invalidate the declaration, code of regulations, bylaws,
declaration plan, or plats or plans of such common interest community that do not conflict with this