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Important legal disclaimer.
HOA Ballot is not a law firm and does not provide legal advice. Nothing
on this page, and nothing HOA Ballot says, does, or generates, is legal
advice or may be relied on as legally valid or sufficient. Your
association and its legal counsel are solely responsible for verifying
the approval threshold, legal compliance, amendment language, filing
requirements, and legal sufficiency of the vote. Please independently
verify all information and consult a licensed attorney. Statute
references on this page are shown for transparency about what we review;
they are not legal advice — confirm every requirement with your
association's attorney.
What we look for before quoting
A practical review, not legal advice
Planned communities (DUCIOA)
Delaware planned communities created after September 30, 2009 are generally governed by the Delaware Uniform Common Interest Ownership Act (DUCIOA), codified at 25 Del. C. ch. 81. Under that Act, the declaration may generally be amended by owners of units holding at least 67% of the association's votes, unless the recorded declaration sets a different percentage (25 Del. C. § 81-217). Your community's recorded declaration controls and can require a higher threshold for all amendments or for specific subjects.
Condominiums (Unit Property Act / DUCIOA)
Condominiums created after September 30, 2009 generally fall under DUCIOA and its 67% default amendment rule (25 Del. C. § 81-217). Many older condominiums are instead governed by the Unit Property Act, 25 Del. C. ch. 22, under which a change such as altering a unit's proportionate interest in the common elements generally requires a recorded amendment executed by all affected unit owners (25 Del. C. § 2219). The recorded declaration and code of regulations should be reviewed to confirm which act and what vote apply.
How the vote can run
DUCIOA generally permits voting by proxy and by written or electronic ballot, including electronic voting software and ballots cast without a meeting (25 Del. C. § 81-310). A ballot package generally must state the quorum needed, the approval percentage required for each matter, and a return deadline at least 3 days out, and the action passes only if returns meet quorum and the required approvals. Owner-meeting notice generally runs not fewer than 10 nor more than 60 days before the vote (25 Del. C. § 81-308).
Before we quote
Delaware details that shape your vote
These are the things we check so your quote and timeline are realistic —
not legal advice, just the questions a careful Delaware vote has to answer.
Which act applies usually turns on when the community was created — DUCIOA (25 Del. C. ch. 81) for communities formed after September 30, 2009, and the Unit Property Act (25 Del. C. ch. 22) for many older condominiums.
The default amendment threshold under DUCIOA is generally 67% of the association's votes, but the recorded declaration can set a higher percentage and is what controls (25 Del. C. § 81-217).
Amendments that prohibit or materially restrict permitted uses, behavior, or who may occupy a unit generally require at least 80% of the votes (25 Del. C. § 81-217).
Certain changes — creating or increasing declarant rights, adding units, or changing a unit's boundaries or allocated interests — generally require unanimous or affected-owner consent (25 Del. C. § 81-217; 25 Del. C. § 2219).
DUCIOA generally allows written and electronic ballots and ballots without a meeting, with a stated quorum, an approval percentage, and a deadline at least 3 days after the ballot is delivered (25 Del. C. § 81-310).
Owner-meeting notice generally must go out not fewer than 10 nor more than 60 days before the vote (25 Del. C. § 81-308).
To take effect, an amendment generally must be recorded in every Delaware county where the community is located, and there is generally no separate state-agency approval step (25 Del. C. § 81-217).
If the declaration requires a lender's consent, DUCIOA generally treats a security-interest holder's consent as given if no written refusal is received within 45 days of notice (25 Del. C. § 81-217).
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