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Homeowners' Associations in Delaware must be registered as non-profit corporations and must, therefore, follow the state Nonprofit Association Act. In addition to nonprofit law, the Delaware Uniform Common Interest Ownership Act (DUCIOA) was created to provide more specific regulations for community associations.
The Delaware Uniform Common Interest Ownership Act (the DUCIOA) The Delaware Uniform Common Interest Ownership Act, or DUCIOA authorizes and governs many requirements and options for common interest communities.
Delaware Uniform Common Interest Ownership Act ("DUCIOA"), codified in Chapter 81 of Title 25 of the Delaware Code, governs all common interest communities (planned communities, condominiums, cooperatives, and subdivisions) created after September 30, 2009, unless otherwise exempted.
Some states require a 100%, unanimous decision, others something less. States that have adopted the Uniform Common Interest Ownership Act (UCIOA) of 2008, for example, require an 80% majority for dissolving an HOA. (Vermont, Connecticut, Delaware, and Washington are on this list.)
The Act provides state-level protections similar to the federal Fair Housing Act (FHA) and affects all housing providers, including common interest communities in Delaware. The Delaware Division of Human Relations administers the law.