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Delaware Code (Titles 8, 9, 25, 30)

25 Del. C. § 81-307

Upkeep of common interest community

Official textdelcode.delaware.gov

# (a)

Except to the extent provided by the declaration, subsection (b) of this section, or § 81-313(h) of this title, the association, through its executive board, is responsible for maintenance, repair, and replacement of the common elements, and each unit owner is responsible for maintenance, repair, and replacement of the unit owner’s unit. Each unit owner shall afford to the association and the other unit owners, and to their agents or employees, as designated by the executive board, access through the unit owner’s unit reasonably necessary for those purposes. If damage is inflicted on the common elements or on any unit through which access is taken, the unit owner responsible for the damage, or the association if it is responsible, is liable for the prompt repair thereof. Each unit owner is likewise responsible for the costs, as determined by the association, associated with the maintenance, repair and replacement of limited common elements appurtenant to the unit owner’s unit or for the prorated expense if the limited common element is associated with more than 1 unit. The executive board shall determine when and to what extent such maintenance, repair and replacement shall be required.

# (b)

In addition to the liability that a declarant as a unit owner has under this chapter, the declarant alone is liable for all expenses in connection with real estate subject to development rights. No other unit owner and no other portion of the common interest community is subject to a claim for payment of those expenses. Unless the declaration provides otherwise, any income or proceeds from real estate subject to development rights inures to the declarant.

# (c)

In a planned community, if all development rights have expired with respect to any real estate, the declarant remains liable for all expenses of that real estate unless, upon expiration, the declaration provides that the real estate becomes common elements or units.

Amendment history

76 Del. Laws, c. 422, § 2; 77 Del. Laws, c. 91, § 82

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In this title (40 sections)
  1. 25-81-212 · Relocation of unit boundaries
  2. 25-81-213 · Subdivision of units
  3. 25-81-214 · Variations in boundaries
  4. 25-81-215 · Use for sales purposes
  5. 25-81-216 · Easement rights
  6. 25-81-217 · Amendment of declaration
  7. 25-81-218 · Termination of common interest community
  8. 25-81-219 · Rights of secured lenders
  9. 25-81-220 · Master associations
  10. 25-81-221 · Merger or consolidation of common interest communities
  11. 25-81-222 · Addition of unspecified real estate
  12. 25-81-223 · Master planned communities
  13. 25-81-224 · Other exempt real estate arrangements
  14. 25-81-225 · Termination following catastrophe
  15. 25-81-301 · Organization of unit owners’ association
  16. 25-81-302 · Powers of unit owners’ association
  17. 25-81-303 · Executive board members and officers
  18. 25-81-304 · Transfer of special declarant rights
  19. 25-81-305 · Termination of contracts and leases of declarant
  20. 25-81-306 · Bylaws
  21. 25-81-307 · Upkeep of common interest community
  22. 25-81-308 · Unit owner meetings
  23. 25-81-308A · Executive board meeting
  24. 25-81-309 · Quorums
  25. 25-81-310 · Voting; proxies
  26. 25-81-311 · Tort and contract liability; tolling of limitation period
  27. 25-81-312 · Conveyance or encumbrance of common elements
  28. 25-81-313 · Insurance
  29. 25-81-314 · Surplus funds
  30. 25-81-315 · Assessments for common expenses
  31. 25-81-316 · Lien for assessments
  32. 25-81-317 · Other liens
  33. 25-81-318 · Association records
  34. 25-81-319 · Association as trustee
  35. 25-81-320 · Rules
  36. 25-81-321 · Litigation involving declarant
  37. 25-81-322 · [Reserved.]
  38. 25-81-323 · Removal of members of executive board
  39. 25-81-324 · Adoption of budget
  40. 25-81-325 · Service on associations and executive board
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