Delaware Code (Titles 8, 9, 25, 30)
25 Del. C. § 81-208
Limited common elements
# (a)
Except for the limited common elements described in § 81-202(b) and (d) of this title, the declaration must specify to which unit or units each limited common element is allocated. An allocation may not be altered without the consent of the unit owners whose units are affected.
# (b)
Except as the declaration otherwise provides, a limited common element may be reallocated by an amendment to the declaration executed by the unit owners between or among whose units the reallocation is made. The persons executing the amendment shall provide a copy thereof to the association, which shall record it. The amendment must be recorded in the names of the parties and the common interest community.
# (c)
A common element not previously allocated as a limited common element may be so allocated only pursuant to provisions in the declaration made in accordance with § 81-205(a)(7) of this title. The allocations must be made by amendments to the declaration.
Amendment history
76 Del. Laws, c. 422, § 2; 77 Del. Laws, c. 91, § 82
Source: view the official text
In this title (40 sections)
- 25-81-115 · Relation to Electronic Signatures in Global and National…
- 25-81-116 · Applicability to new common interest communities; effective…
- 25-81-117 · Exception for small condominiums and cooperatives
- 25-81-118 · Exception for small and limited expense liability planned…
- 25-81-119 · Applicability to preexisting common interest communities…
- 25-81-120 · Exception for small preexisting cooperatives and planned…
- 25-81-121 · Amendments to governing instruments
- 25-81-122 · Applicability to nonresidential and mixed-use common…
- 25-81-123 · Applicability to out-of-state common interest communities
- 25-81-124 · Applicability to continuing care common interest communities
- 25-81-125 · Additional exceptions for preexisting common interest…
- 25-81-126 · Transition period for existing contracts prior to effective…
- 25-81-127 · Notice
- 25-81-201 · Creation of common interest communities
- 25-81-202 · Unit boundaries
- 25-81-203 · Construction and validity of declaration and bylaws
- 25-81-204 · Description of units
- 25-81-205 · Contents of declaration
- 25-81-206 · Leasehold common interest communities
- 25-81-207 · Allocation of allocated interests
- 25-81-208 · Limited common elements
- 25-81-209 · Plats and plans
- 25-81-210 · Exercise of development rights
- 25-81-211 · Alterations of units
- 25-81-212 · Relocation of unit boundaries
- 25-81-213 · Subdivision of units
- 25-81-214 · Variations in boundaries
- 25-81-215 · Use for sales purposes
- 25-81-216 · Easement rights
- 25-81-217 · Amendment of declaration
- 25-81-218 · Termination of common interest community
- 25-81-219 · Rights of secured lenders
- 25-81-220 · Master associations
- 25-81-221 · Merger or consolidation of common interest communities
- 25-81-222 · Addition of unspecified real estate
- 25-81-223 · Master planned communities
- 25-81-224 · Other exempt real estate arrangements
- 25-81-225 · Termination following catastrophe
- 25-81-301 · Organization of unit owners’ association
- 25-81-302 · Powers of unit owners’ association