Chad Toms is speaking at event on March 1 with State Sen. Gerald Hocker Sr. (R-20th) and state Rep. Ron Gray (R-38th). They hope to educate residents on common-interest communities (CICs) at a public workshop in Frankford, Delaware.

Many communities, especially those in the beach and resort areas, are noticing an increase in vest wearing dogs being brought on vacation despite rules that prohibit pets. Numerous internet companies advertise that with a “no questions asked” registration an owner can take their dog anywhere “legally” so long as it is wearing a service animal vest and has a certificate. Communities that see a large volume of vacation rentals are being inundated with vest wearing dogs on vacation that they believe are fake service dogs. As a result, communities should arm themselves with a working knowledge of the differences between the categories of these animals and know the questions an association may lawfully ask to validate a dog’s status.

The following items of legislation from the 2015 session may be of interest to Delaware Common Interest Communities.

On August 12, 2014, Delaware’s governor signed a bill into law creating an Office of the Common Interest Community Ombudsman within the Department of Justice.  What is the Ombudsman charged with doing, and how will it affect your community?

Under the new law, the Ombudsman is empowered to help Delaware communities understand their rights and responsibilities.  Equally important, the Ombudsman can also help resolved disputes between a community and its members without recourse to the judicial system. 

A community association’s ability to suspend an owner’s voting privileges and community privileges, such as parking, pool, and/or fitness center access, is a powerful tool associations can use in getting the attention of owners who are in violation of association governing documents.  This tool is typically used when an owner is delinquent in paying his or her assessments and can serve as a deterrent for non-payment as well as an effective means of assessment collection.  It is important to note, however, that before an association can proceed with suspending an owner’s voting and/or community privileges, it must carefully review its Declaration, Bylaws, and applicable statutory codes in order to determine whether it has the requisite authority to suspend such privileges, and if so, what procedures must be followed.

Under the Freedom to Display the American Flag Act of 2005 (the “Act”) community associations are not permitted to ban owners from displaying the American flag on the owner's unit, lot or in any area where the owner has exclusive use or possession.  However, the Act does permit community associations to place reasonable regulations on the time, place and manner in which the American flag is displayed, including the regulation of flagpoles. 

In July, the General Assembly of the State of Delaware amended several sections of Title 25 for the stated purpose:

… to permit a real property owner or tenant to display an American flag on a pole attached to the exterior of the property’s structure or on a flagpole located within the property’s boundaries, provided the flagpole does not exceed 25 feet in height and conforms to all setback requirements. Any and all community restrictions to the contrary will not be enforceable.

Under the Delaware Uniform Common Interest Ownership Act (“DUCIOA”), certain community associations are authorized to foreclose liens just like foreclosing a mortgage on real estate.  In Delaware, all mortgage foreclosures are by judicial process and typically take more than ten months to complete when initiated by a secured mortgage lender.  When a homeowner defaults on a mortgage, a lender or association may begin the foreclosure process with the filing of a complaint in court in the county where the property is located.  Once judgment has been granted in the association's favor, the association must first try to recoup the delinquent fees from the homeowner's personal assets (i.e., garnishing wages and attaching personal property).  Once those methods have been exhausted and part or all of the judgment remains unpaid, the association, like a mortgage lender, may proceed to foreclosure.

The Delaware Uniform Common Interest Ownership Act ("DUCIOA"), 25 Del. C. § 81-101, et seq., originally effective July 1, 2009, substantially changed the landscape for Delaware communities. The DUCIOA and sections of Delaware's prior statute, the Unit Property Act, were substantially amended prior to the DUCIOA effective date to address input from builder, realtor and association constituencies. Delaware communities have been subject to the strictures of the as-amended DUCIOA since September 30, 2009, with additional revisions effective August 11, 2010 to clarify certain small-community exceptions and make changes to the resale certificate requirements.

On May 12, 2009, the Delaware State Senate passed Senate Bill No. 59, which is intended to update the Delaware Code for Energy Conservation presently found at 16 Del. C. §7602. The proposed amendment would require all new, detached, one and two story family dwellings and all other residential buildings three stories or less in height to meet the "most recent version" of the International Energy Conservation Code (IECC) adopted by the International Code Counsel. The IECC establishes minimum design and construction requirements to foster energy conservation through efficiency in envelope design, mechanical systems, and lighting systems, and through the use of new materials and techniques. As proposed, this legislation will cause the Delaware construction industry to jump from the IECC 2000 to the IECC 2009, bypassing several interim iterations. If adopted, the new law would also require all commercial and high-rise residential construction to comply with similar energy standards published by the American Society of Heating, Refrigeration and Air Conditioning Engineers (ASHRAE) and the Illuminating Engineering Society of North America (IESNA).