(a) A building code may not impose any requirement upon any structure in a common interest community which it would not impose upon a physically identical development under a different form of ownership.
(b) In condominiums and cooperatives, no zoning, subdivision, or other real estate use law, ordinance, or regulation may prohibit the condominium or cooperative form of ownership or impose any requirement upon a condominium or cooperative which it would not impose upon a physically identical development under a different form of ownership.
(c) Except as provided in subsections (a) and (b) of this section, the provisions of this chapter do not invalidate any provision of any building code, zoning, subdivision, or other real estate use law, ordinance, rule, or regulation governing the use of real estate. Without limiting the generality of the foregoing, any preexisting common interest community or approved common interest community located in any political subdivision of this State shall continue to be governed by the building code, zoning, subdivision, or other real estate use law, ordinance, rule, or regulation, including appendices of such political subdivision, which are applicable to a preexisting common interest community or approved common interest community, notwithstanding any contrary provision of this chapter.
Structure Delaware Code
Chapter 81. DELAWARE UNIFORM COMMON INTEREST OWNERSHIP ACT
Subchapter I. General Provisions
§ 81-104. Variation by agreement.
§ 81-105. Separate titles and taxation.
§ 81-106. Applicability of local ordinances, regulations, and building codes.
§ 81-108. Supplemental general principles of law applicable.
§ 81-109. Construction against implicit repeal.
§ 81-110. Uniformity of application and construction.
§ 81-112. Unconscionable agreement or term of contract.
§ 81-113. Obligation of good faith.
§ 81-114. Remedies to be liberally administered.
§ 81-115. Relation to Electronic Signatures in Global and National Commerce Act.
§ 81-116. Applicability to new common interest communities; effective date.
§ 81-117. Exception for small condominiums and cooperatives.
§ 81-118. Exception for small and limited expense liability planned communities.
§ 81-120. Exception for small preexisting cooperatives and planned communities.
§ 81-121. Amendments to governing instruments.
§ 81-122. Applicability to nonresidential and mixed-use common interest communities.
§ 81-123. Applicability to out-of-state common interest communities.
§ 81-124. Applicability to continuing care common interest communities.
§ 81-126. Transition period for existing contracts prior to effective date.