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§ 6717. Taxes paid by tenant; setoff against rent; recovery from owner. - Any tax laid upon lands or tenements according to law...
§ 6718. Jurisdiction; service of process. - An action for possession involving an agricultural lease shall be...
Subchapter II. Miscellaneous
§ 6721. Disposition of manure. - (a) (1) In the absence of an express agreement between...
§ 6722. Improper tillage and cutting of timber. - The cutting of timber by the tenant on leased agricultural...
§ 6723. Assignment of farm leases. - A lease of land on shares, including the use of...
§ 6724. Delivery of crop rent. - In the absence of any agreement between a landlord and...
Chapter 70. Manufactured Homes and Manufactured Home Communities Act
Subchapter I. Purpose, Definitions, Enforceability
§ 7001. Purposes and policies; enforceability. - (a) Subchapters I through V of this chapter must be...
§ 7002. Jurisdiction. - (a) Any person, whether or not a citizen or resident...
§ 7003. Definitions. - For purposes of this chapter: (1) “Agreement” means a written...
§ 7004. Exemptions. - (a) Except for homes defined as manufactured homes in §...
§ 7005. Enforcement. - (a) It is the duty and obligation of the Consumer...
Subchapter II. Landlord-Tenant Relationship
§ 7006. Requisites for rental of a manufactured home lot. - A landlord shall not rent a lot in a manufactured...
§ 7007. Manufactured home standards. - (a) Standards for manufactured homes of new tenants. — (1)...
§ 7008. Provisions of a rental agreement. - (a) All new and renewing rental agreements, including those rental...
§ 7009. Term of rental agreement; renewal of rental agreement [For application of this section, see 79 Del. Laws, c. 304, § 7]. - (a) The duration of a rental agreement for a lot...
§ 7010. Rent — Prohibited lump sum payments: acceptance of rent. - (a) Rental payments must be paid by the tenant to...
§ 7011. Holdover remedies after rental agreement terminates, expires, or is not renewed. - When a court finds that a landlord is entitled to...
§ 7012. Effect of unsigned rental agreement. - (a) If the landlord does not sign a written rental...
§ 7013. Manufactured home transfer; rented lot transfer. - (a) This section governs the sale, conveyance, or transfer of...
§ 7014. Modified Table of Consanguinity. - Degrees of relationship of family members designated by the number...
§ 7015. Delivery of written notice. - (a) Unless otherwise specified, notice required by this chapter may...
§ 7016. Termination or nonrenewal of rental agreement by landlord; due cause: noncompliance. - (a) A landlord may terminate a rental agreement with a...
§ 7017. Security deposits; pet security deposits. - (a) (1) A landlord may require a tenant to pay...
§ 7018. Rules. - (a) A landlord may promulgate reasonable written rules concerning the...
§ 7019. Retaliatory acts prohibited. - (a) Retaliatory acts are prohibited. (b) A retaliatory act is...
§ 7020. Fees; services; utility rates. - (a) A “fee” or “charge” is a monetary obligation, other...
§ 7021. Termination of rental agreement by tenant during first month of occupancy; during first 18 months of occupancy. - (a) If a landlord fails to substantially comply with the...
§ 7022. Lot rental assistance program; eligibility [For application of this section, see 79 Del. Laws, c. 304, § 7]. - (a) A homeowner in a manufactured home community who is...
§ 7022A. Lot rental assistance program; requirements. - (a) Community owners and homeowners must comply with the requirements...
§ 7022B. Lot rental assistance program; limited eligibility. - (a) (1) A community owner shall provide lot rental assistance...
§ 7022C. Recreational vehicle leases. - No community owner may issue a lot lease for the...
Subchapter III. Termination of Rental Agreement; Change in Land Use
§ 7023. Change of use; conversion. - This subchapter governs a change in use of a manufactured...
§ 7024. Termination or nonrenewal of rental agreement by landlord; due cause; change in land use. - (a) A landlord may terminate a rental agreement for a...
Subchapter IV. Right of First Offer
§ 7026. Right of first offer; duty to negotiate in good faith, penalties for noncompliance. - (a) If a community owner has decided to sell, transfer,...
§ 7027. Right of first offer; notice required before sale of manufactured home community. - (a) Upon reaching a decision to sell, transfer, or convey...
§ 7028. Right of first offer; notice not required before sale of manufactured home community. - A manufactured home community owner is not required to give...
§ 7029. Right of first offer; response required by homeowner association. - (a) A homeowner association must respond in writing to the...
§ 7030. Right of first offer; offer of an alternative price. - (a) An alternative offer of price for the sale, transfer,...
§ 7031. Right of first offer; sale to a third party at a lower price. - (a) The community owner may not sell the community to...
§ 7032. Right of first offer; sale to a third party at a higher price. - (a) The community owner may accept an offer from a...
§ 7033. Right of first offer; contract of sale. - (a) If a homeowner association responds to the notice of...
§ 7034. Right of first offer; failure to complete sale. - If, for any reason except default by the community owner,...
§ 7035. Right of first offer; auction. - (a) If the Authority has sent the required annual notice...
§ 7036. Right of first offer; affidavit of compliance. - Affidavit of compliance with the requirements of this subchapter. (1)...
Subchapter V. Delaware Manufactured Home Relocation Trust Fund
§ 7041. Delaware Manufactured Home Relocation Authority [For application of this section, see 79 Del. Laws, c. 304, § 7]. - (a) The Authority shall be administered by a board of...
§ 7042. Delaware Manufactured Home Relocation Trust Fund [Terminates effective July 1, 2024]. - (a) The Delaware Manufactured Home Relocation Trust Fund (“Trust Fund”)...
§ 7043. Relocation expenses; payments for nonrelocatable homes. - (a) If a tenant is required to relocate due to...
§ 7044. Payment of funds to landlord for removal or disposal of abandoned homes. - (a) A landlord is entitled to receive from the Trust...
§ 7045. Payment of funds to tenants. - (a) When a payment to a tenant is authorized by...
§ 7046. Delaware Manufactured Home Owner Attorney Fund. - (a) The Delaware Manufactured Home Owner Attorney Fund is established...
Subchapter VI. Rent Increase Justification
§ 7050. Purpose [For application of this section, see 79 Del. Laws, c. 304, § 7]. - Manufactured housing has become a vital source of affordable housing...
§ 7051. Rent increase; notice. - (a) A community owner may not increase a tenant's lot...
§ 7051A. Rent increase; health or safety violations. - (a) For purposes of this section, (1) “Escrow account” means...
§ 7052. Rent justification; when §§ 7052A and 7052B of this title do not apply [For application of this section, see 79 Del. Laws, c. 304, § 7]. - (a) (1) This section applies to rent increases for all...
§ 7052A. Rent increase; justified base rent increase calculations. - (a) (1) This section applies to a lease when notice...
§ 7052B. Rent increase; justified additional rent increase for allowed expenses. - (a) A community owner may increase rent under this section,...
§ 7053. Rent increase dispute resolution [For application of this section, see 79 Del. Laws, c. 304, § 7, and 80 Del. Laws, c. 229, § 3]. - (a) (1) This section applies to rent increases under §§...
§ 7054. Appeal [For application of this section, see 79 Del. Laws, c. 304, § 7 and 80 Del. Laws, c. 229, § 3]. - The community owner, the homeowners' association, or any affected homeowner...
§ 7055. Penalties [For application of this section, see 79 Del. Laws, c. 304, § 7]. - A community owner who raises a homeowner's rent more than...
§ 7056. Exemption [For application of this section, see 79 Del. Laws, c. 304, § 7]. - (a) Resident-owned communities shall be exempt from the provisions of...
Subchapter VII. Tenant’s Receivership
§ 7061. Petition for receivership. - Any tenant or group of tenants may petition for the...
§ 7062. Necessary parties defendant. - (a) Petitioners shall join all of the following as defendants:...
§ 7063. Defenses. - It shall be a sufficient defense to this proceeding if...
§ 7064. Stay of judgment by defendant. - (a) If, after a trial, the court shall determine that...
§ 7065. Receivership procedures. - (a) The receiver shall be the Division of Consumer Protection...
§ 7066. Powers and duties of receiver. - The receiver shall have all the powers and duties accorded...
§ 7067. Discharge of receiver; costs. - (a) In addition to those situations described under § 7065...
Chapter 71. CONVERSION OF MANUFACTURED HOME COMMUNITIES TO MANUFACTURED HOME CONDOMINIUM OR COOPERATIVE COMMUNITIES
§ 7101. Purpose of chapter. - This chapter provides a procedure for the orderly transition of...
§ 7102. Definitions. - The following words, terms and phrases, when used in this...
§ 7103. Requisites for conversion. - (a) The conversion to multiple-unit usage of any real property...
§ 7104. Conversion plan. - Where real property is being utilized as a manufactured community,...
§ 7105. Notice requirements. - (a) Preliminary notice period. — Any owner of real estate...
§ 7106. Approval by Attorney General. - No conversion of real property on which a manufactured home...
§ 7107. Extension and termination of leases. - (a) Any tenant at the time of the preliminary notice...
§ 7108. Option to purchase; right of first refusal; rescission of contract to purchase; nonpurchasing tenant with children attending school. - (a) Where there is a tenants' association in existence at...
§ 7109. Rights of nonpurchasing tenants. - (a) All manufactured home sites occupied by nonpurchasing tenants shall...
§ 7110. Rights of tenant during conversion. - (a) After the filing of a conversion plan, during the...
§ 7111. Tenants who are elderly or have disabilities. - In addition to the protection provided to tenants under this...
§ 7112. Eviction; access to comparable housing. - (a) Where, at the conclusion of the grace period, a...
§ 7113. Penalties; jurisdiction. - (a) Civil penalties. — (1) Where an owner violates a...
§ 7114. Modification or waiver of chapter. - (a) Except as otherwise provided in this section, any provision...
Chapter 81. DELAWARE UNIFORM COMMON INTEREST OWNERSHIP ACT
Subchapter I. General Provisions
§ 81-101. Short title. - This chapter shall be known and may be cited as...
§ 81-102. Applicability. - Applicability of this chapter is governed by this subchapter I.
§ 81-103. Definitions. - In this chapter and documents prepared to create a common...
§ 81-104. Variation by agreement. - Except as expressly provided in this chapter, the effect of...
§ 81-105. Separate titles and taxation. - (a) In a cooperative, unless the declaration provides that a...
§ 81-106. Applicability of local ordinances, regulations, and building codes. - (a) A building code may not impose any requirement upon...
§ 81-107. Eminent domain. - (a) If a unit is acquired by eminent domain or...
§ 81-108. Supplemental general principles of law applicable. - The principles of law and equity, including the law of...
§ 81-109. Construction against implicit repeal. - This chapter being a general act intended as a unified...
§ 81-110. Uniformity of application and construction. - This chapter shall be applied and construed so as to...
§ 81-111. Severability. - If any provision of this chapter or the application thereof...
§ 81-112. Unconscionable agreement or term of contract. - (a) The court, upon finding as a matter of law...
§ 81-113. Obligation of good faith. - Every contract or duty governed by this chapter imposes an...
§ 81-114. Remedies to be liberally administered. - (a) The remedies provided by this chapter shall be liberally...
§ 81-115. Relation to Electronic Signatures in Global and National Commerce Act. - This chapter modifies, limits and supersedes the federal Electronic Signatures...
§ 81-116. Applicability to new common interest communities; effective date. - (a) Except as provided in this subchapter, this chapter applies...
§ 81-117. Exception for small condominiums and cooperatives. - If a condominium or cooperative contains no more than 20...
§ 81-118. Exception for small and limited expense liability planned communities. - (a) If a planned community: (1) Contains no more than...
§ 81-119. Applicability to preexisting common interest communities and approved common interest communities. - Except as provided in § 81-120 (Exception for small preexisting...
§ 81-120. Exception for small preexisting cooperatives and planned communities. - If a cooperative or planned community created within this State...
§ 81-121. Amendments to governing instruments. - (a) The declaration, bylaws, or plats and plans of any...
§ 81-122. Applicability to nonresidential and mixed-use common interest communities. - (a) Except as provided in subsection (e) of this section,...
§ 81-123. Applicability to out-of-state common interest communities. - This chapter does not apply to common interest communities or...
§ 81-124. Applicability to continuing care common interest communities. - Anything to the contrary in this chapter notwithstanding, this chapter...
§ 81-125. Additional exceptions for preexisting common interest communities or approved common interest communities. - Anything to the contrary in this chapter notwithstanding, an approved...
§ 81-126. Transition period for existing contracts prior to effective date. - Anything to the contrary in this chapter notwithstanding, any declarant,...
§ 81-127. Notice. - (a) Unless otherwise required or permitted by the declaration or...
Subchapter II. Creation, Alteration, and Termination of Common Interest
§ 81-201. Creation of common interest communities. - (a) A common interest community may be created pursuant to...
§ 81-202. Unit boundaries. - Except as provided by the declaration: (a) If walls, floors,...
§ 81-203. Construction and validity of declaration and bylaws. - (a) All provisions of the declaration and bylaws are severable....
§ 81-204. Description of units. - A description of a unit which sets forth the name...
§ 81-205. Contents of declaration. - (a) The declaration must contain: (1) The names of the...
§ 81-206. Leasehold common interest communities. - (a) Any lease the expiration or termination of which may...
§ 81-207. Allocation of allocated interests. - (a) The declaration must allocate to each unit: (1) In...
§ 81-208. Limited common elements. - (a) Except for the limited common elements described in §...
§ 81-209. Plats and plans. - (a) Plats and plans are a part of the declaration,...
§ 81-210. Exercise of development rights. - (a) To exercise any development right reserved under § 81-205(a)(8)...
§ 81-211. Alterations of units. - Subject to the provisions of the declaration and other provisions...
§ 81-212. Relocation of unit boundaries. - (a) Subject to the provisions of the declaration and other...
§ 81-213. Subdivision of units. - (a) In a condominium or cooperative if the declaration expressly...
§ 81-214. Variations in boundaries. - The existing physical boundaries of a unit or a common...
§ 81-215. Use for sales purposes. - A declarant may maintain sales offices, management offices, and models...
§ 81-216. Easement rights. - (a) Subject to the provisions of the declaration, a declarant...
§ 81-217. Amendment of declaration. - (a) Except in cases of amendments that may be executed...
§ 81-218. Termination of common interest community. - (a) Except in the case of a taking of all...
§ 81-219. Rights of secured lenders. - (a) The declaration may require that all or a specified...
§ 81-220. Master associations. - (a) If the declaration provides that any of the powers...
§ 81-221. Merger or consolidation of common interest communities. - (a) Any 2 or more common interest communities of the...
§ 81-222. Addition of unspecified real estate. - In a planned community, if the right is originally reserved...
§ 81-223. Master planned communities. - (a) The declaration for a common interest community may state...
§ 81-224. Other exempt real estate arrangements. - (a) An agreement between two or more common interest communities...
§ 81-225. Termination following catastrophe. - If substantially all the units in a common interest community...
Subchapter III. Management of the Common Interest Community
§ 81-301. Organization of unit owners' association. - A unit owners' association must be organized no later than...
§ 81-302. Powers of unit owners' association. - (a) Except as otherwise provided in subsection (b) of this...
§ 81-303. Executive board members and officers. - (a) The declaration must create an executive board. Except as...
§ 81-304. Transfer of special declarant rights. - (a) A special declarant right created or reserved under this...
§ 81-305. Termination of contracts and leases of declarant. - Except as provided in § 81-122 of this title, if...
§ 81-306. Bylaws. - (a) The bylaws of the association must provide for: (1)...
§ 81-307. Upkeep of common interest community. - (a) Except to the extent provided by the declaration, subsection...
§ 81-308. Unit owner meetings. - A meeting of the association must be held at least...
§ 81-308A. Executive board meeting. - (a) A meeting of the executive board must be held...
§ 81-309. Quorums. - (a) Unless the bylaws provide otherwise, a quorum is present...
§ 81-310. Voting; proxies. - (a) If only 1 of several owners of a unit...
§ 81-311. Tort and contract liability; tolling of limitation period. - (a) A unit owner is not liable, solely by reason...
§ 81-312. Conveyance or encumbrance of common elements. - (a) In a condominium or planned community, portions of the...
§ 81-313. Insurance. - (a) Commencing not later than the time of the first...
§ 81-314. Surplus funds. - Unless otherwise provided in the declaration, any surplus funds of...
§ 81-315. Assessments for common expenses. - (a) (1) Until the association is validly established pursuant to...
§ 81-316. Lien for assessments. - (a) The association has a statutory lien on a unit...
§ 81-317. Other liens. - (a) In a condominium or planned community: (1) Except as...
§ 81-318. Association records. - (a) The association shall maintain the following records in written...
§ 81-319. Association as trustee. - With respect to a third person dealing with the association...
§ 81-320. Rules. - (a) Before adopting or substantially amending any rule, the executive...
§ 81-321. Litigation involving declarant. - (a) An association's authority under § 81-302(a)(4) of this title...
§ 81-323. Removal of members of executive board. - Notwithstanding any provision of the declaration or bylaws to the...
§ 81-324. Adoption of budget. - (a) The executive board shall, at least annually, prepare a...
§ 81-325. Service on associations and executive board. - A person may bring suit against the association or the...
§ 81-326. Delaware corporations. - Any association that is a Delaware corporation shall also be...
Subchapter IV. Protection of Purchasers
§ 81-401. Applicability; waiver. - (a) This subchapter applies to all units subject to this...
§ 81-402. Liability for public offering statement requirements. - (a) Except as provided in subsection (b) of this section,...
§ 81-403. Public offering statement; general provisions. - (a) Except as provided in subsection (b) of this section,...
§ 81-404. Common interest communities subject to development right. - If the declaration provides that a common interest community is...
§ 81-405. Time shares. - (a) If the declaration provides that ownership or occupancy of...
§ 81-406. Common interest communities containing conversion buildings. - (a) The public offering statement of a common interest community...
§ 81-407. Common interest community securities. - If an interest in a common interest community is currently...
§ 81-408. Purchaser's right to cancel. - (a) A person required to deliver a public offering statement...
§ 81-409. Resales of units. - (a) Except in the case of a sale in which...
§ 81-410. Escrow of deposits. - Any deposit made in connection with the purchase or reservation...
§ 81-411. Release of liens. - (a) In the case of a sale of a unit...
§ 81-412. Conversion buildings. - (a) A declarant of a common interest community containing conversion...
§ 81-413. Express warranties of quality. - (a) Express warranties made by a declarant to a purchaser...
§ 81-414. Implied warranties of quality. - (a) A declarant and any dealer warrants that a unit,...
§ 81-415. Exclusion or modification of implied warranties of quality. - (a) Except as limited by subsection (b) of this section...
§ 81-416. Statute of limitations for warranties. - (a) Unless a period of limitation is tolled under §...
§ 81-417. Effect of violations on rights of action; attorneys' fees. - (a) If a declarant or any other person subject to...
§ 81-418. Labeling of promotional material. - No promotional material may be displayed or delivered to prospective...
§ 81-419. Declarant's obligation to complete and restore. - (a) Except for improvements labeled “NEED NOT BE BUILT,” the...
§ 81-420. Substantial completion of units. - In the case of a sale of a unit for...
§ 81-421. Amendment to public offering statement. - Following execution of a contract of sale by a purchaser,...