(a) The executive board shall, at least annually, prepare a proposed budget for the common interest community. In a condominium or cooperative, the proposed budget shall include a line item for any required funding of a repair and replacement reserve. Within 30 days after adoption of any proposed budget after the period of declarant control, the executive board shall provide to all unit owners a summary of the budget, including any reserves and a statement of the basis on which any reserves are calculated and funded. Simultaneously, the executive board shall set a date for a meeting of the unit owners to consider ratification of the budget not less than 14 nor more than 60 days after providing the summary. Unless at that meeting a majority of all unit owners or any larger vote specified in the declaration, voting in person or by proxy, reject the budget, the budget is ratified, whether or not a quorum is present. If a proposed periodic budget is rejected, the periodic budget last ratified by the unit owners must be continued until such time as the unit owners ratify a subsequent budget proposed by the executive board.
(b) In addition to adoption of its regular periodic budget, the executive board may at any time propose a budget which would require a special assessment against all the units. Except as provided in subsection (c) of this section, the special assessment is effective only if the executive board follows the procedures for ratification of a budget described in subsection (a) of this section and the unit owners do not reject that proposed special assessment.
(c) If the executive board determines by unanimous vote that the special assessment is necessary in order to respond to an emergency, then:
Structure Delaware Code
Chapter 81. DELAWARE UNIFORM COMMON INTEREST OWNERSHIP ACT
Subchapter III. Management of the Common Interest Community
§ 81-301. Organization of unit owners' association.
§ 81-302. Powers of unit owners' association.
§ 81-303. Executive board members and officers.
§ 81-304. Transfer of special declarant rights.
§ 81-305. Termination of contracts and leases of declarant.
§ 81-307. Upkeep of common interest community.
§ 81-308. Unit owner meetings.
§ 81-308A. Executive board meeting.
§ 81-311. Tort and contract liability; tolling of limitation period.
§ 81-312. Conveyance or encumbrance of common elements.
§ 81-315. Assessments for common expenses.
§ 81-316. Lien for assessments.
§ 81-318. Association records.
§ 81-319. Association as trustee.
§ 81-321. Litigation involving declarant.
§ 81-323. Removal of members of executive board.