![]() Once an amendment is proposed, homeowners typically have a right to receive advance written notice of the proposed amendment and the homeowner meeting at which it will be considered. Typically, an amendment must be proposed by a majority of the HOA’s board, or by a written petition signed by a sufficient percentage of homeowners. Likewise, many associations have a precise protocol for imposing new covenants or restrictions. A validly enacted restriction is binding on homeowners “unless the restriction is arbitrary, imposes burdens on the use of lands it affects that substantially outweigh the restriction’s benefits to the development’s residents, or violates a fundamental public policy.” Nahrstedt v. The general standard is that a “reasonable” covenant that promotes a substantial interest of the community will probably be upheld. Like any other contract, an HOA covenant is presumed to be enforceable as written-absent some reason why it should not be enforced. And, indeed, courts reviewing HOA covenants interpret them similarly to how they interpret other contracts. At its core, a declaration is like a contract between the HOA and all the individual members of the association. And, in exchange for undertaking those obligations, homeowners have a right to expect the association and their neighbors to equally perform as required. This allows DelDOT to assign snowplows to routes following a storm.When purchasers take title to a property within an HOA, they implicitly accept and agree to abide by the community’s declaration. The State of Delaware Department of Transportation offers a Snow Removal Reimbursement Program (SRRP) to all community associations for snow accumulation over four inches. The State of Delaware Electronic Recording Commission (DERC) describes adopted standards that comprise the Uniform Real Property Electronic Recording Act (URPERA) which authorizes county Recorders to reject electronic documents not complying with standards. ![]() ![]() DE Real Property Electronic Recording Act (PDF).The county provides this optional service with mobile and digital payment options. Maintenance Corporations can elect to have New Castle County invoice the community lot owners for assessment dues and remit member payments for an administrative fee. Deed covenant obligations, eligible programs, and insight to improve community self-governing are described here. Unlike CICs, Civic Associations have voluntary membership and if incorporated, they may have voluntary fees and recorded governing documents. Best practices for community self-governing are described here. CICs have mandatory member dues based on covenants that obligate homeowners to share maintenance costs. Maintenance Corporations are the most common type of Common Interest Community. NCCDE Subdivision Renaming Policy (PDF)Ĭommunity Associations are required to petition their resident County Council person and submit a renaming application to ensure that address information is unique for emergency services and mail deliveries, and to officially notify Public Safety and USPS.The ROD provides incentive by waiving recording fees for all Common Interest Communities and Civic Associations. The Recorder of Deeds Office describes best practices for all types of community associations to prepare, record and update their governing documents. NCCDE Document Recording Best Practices (PDF).Building Code, Property Maintenance Regulations, and Code Enforcement for the unincorporated areas of New Castle County are described here. CAI provides information, education and resources to homeowner members, elected officials, and the professionals who support them.Ĭhapter 40 of the Unified Development Code regulates land development planning, zoning, and subdivision projects. ![]() The Community Associations Institute is an international membership organization dedicated to building better communities. ![]()
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