Delaware • Board dispute / records
Your Delaware board won't share records or play fair — what are your rights?
A Delaware board that stops sharing records, decides things behind closed doors, or runs questionable elections is frustrating partly because it's unclear what your rights are and who, if anyone, can help.
The short answer
Delaware has a community-association regulator that can sometimes help: Common Interest Community Ombudsperson (Delaware DOJ). Owners still have records, meeting, and election rights under the governing documents and Delaware law. CondoSignal reads your documents against Delaware's rules to tell you where you stand. Free.Delaware at a glance
State regulator
Yes
Common Interest Community Ombudsperson (Delaware DOJ)
Governing law
UCIOA-based
Delaware Uniform Common Interest Ownership Act (DUCIOA, 25 Del. C. ch. 81) for communities created on/after Sept 30, 2009; older condos under the Unit Property Act.
Super-lien
Yes
Six months of regular common-expense assessments take priority over the first mortgage
Resale disclosure
Cancellation right
5 days after the resale certificate, if not delivered before signing (§ 81-409)
Who can help in Delaware
Delaware is one of the minority of states with an avenue short of court: Common Interest Community Ombudsperson (Delaware DOJ). Knowing whether your state offers a non-litigation path shapes your realistic options.
Your records and meeting rights
Most states give owners a right to inspect the association's financial records, contracts, and minutes, and to receive notice of meetings — under Delaware Uniform Common Interest Ownership Act (DUCIOA, 25 Del. C. ch. 81) for communities created on/after Sept 30, 2009; older condos under the Unit Property Act. and your governing documents. The scope and timelines vary, so the first step is establishing exactly what you're entitled to see and when. Put any records request in writing and keep the date.
Dysfunction vs. disagreement
Boards have broad discretion to make decisions you may dislike; the line into genuine dysfunction is usually procedural — records improperly withheld, meetings without notice, votes outside open session, flawed elections, or self-dealing. Those patterns are what a specialist can act on, and what's worth documenting.
Your rights in Delaware
As a Delaware owner you generally have rights to inspect association records, receive meeting notice, and a fair election under Delaware Uniform Common Interest Ownership Act (DUCIOA, 25 Del. C. ch. 81) for communities created on/after Sept 30, 2009; older condos under the Unit Property Act. and your governing documents, with Common Interest Community Ombudsperson (Delaware DOJ) as a possible avenue. None of this is legal advice — confirm against the current statute and a licensed professional in your state.
What to check
- Put your records request in writing and note the date.
- Check Delaware's records-inspection right and timeline.
- Document missed meeting notices or closed-session votes.
- Review the governing documents for election procedures.
- Identify whether Delaware has a regulator or ombudsman.
- Watch for board self-dealing or undisclosed conflicts.
Sources
- 25 Del. C. § 81-316 — super-priority lien (6-month)(High)
- 25 Del. C. § 81-409 — resale certificate (5-day cancellation)(High)
- 25 Del. C. § 81-324 — budget ratification (negative option)(High)
Educational only — not legal, financial, or engineering advice. Confirm against the current statute and, where it matters, a Delaware-licensed professional.
FAQ
Frequently asked questions
Not sure what your documents are really telling you?
Get a free CondoSignal review of your situation — we read the paperwork against your state's rules and tell you what to do next. No cost, no obligation.