October 6, 2026
Client Alert: Essential Policy Resolutions Every Delaware Community Association is Recommended to Adopt
In Delaware, community associations are governed principally by three statutes: (1) the Delaware Uniform Common Interest Ownership Act (“DUCIOA”), 25 Del. C. § 81-101 et seq.; (2) the Unit Property Act (“UPA”), 25 Del. C. § 2201 et seq.; and (3) the Common Interest Community Ombudsperson Act, 29 Del. C. § 2544 (the “Ombudsperson Act”). For purposes of this alert, the discussion below focuses on DUCIOA as it applies to post-2009 communities, with references to the UPA where its requirements apply to condominiums. The Ombudsperson Act, which operates independently of both DUCIOA and the UPA, establishes additional requirements—most notably the internal dispute resolution process—applicable to all common interest community associations.