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SPONSOR: |
Sen. Lawson & Rep. Carson |
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Sens.
Cloutier, Ennis, Hocker, Lavelle, Lopez, Pettyjohn, Richardson, Simpson,
Reps. Briggs King, Kenton, Paradee, Spiegelman, Wilson |
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DELAWARE STATE SENATE 148th GENERAL ASSEMBLY |
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SENATE BILL NO. 5 |
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AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO THE DELAWARE UNIFORM COMMON INTEREST OWNERSHIP ACT. |
Section 1. Amend § 81-119, Title 25, Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 81-119 Applicability to preexisting
common interest communities and approved common interest communities.
Except as provided in § 81-120 (Exception
for small preexisting cooperatives and planned communities), and § 81-124 and
except as limited by § 81-122 of this title hereof, §§ 81-105, 81-106, 81-107,
81-127, 81-203, 81-204, 81-221, 81-301, 81-302(a)(1) through (6) and (11)
through (17), 81-302(f), 81-302(g), 81-303, 81-307(a), 81-309(a), 81-311,
81-315, 81-316, 81-318, 81-321, 81-322 [repealed], 81-323, 81-324, 81-409, and
81-417 of this title, and § 81-103 of this title to the extent any definitions
are necessary in construing any of the foregoing sections to the extent the
definitions do not conflict with the declaration, apply to all common interest
communities and approved common interest communities created in this State
before the effective date; but those sections apply only with respect to events
and circumstances occurring after the effective date, and do not invalidate
existing provisions of the declaration, bylaws, code of regulations,
declaration plan, or plats or plans of those preexisting common interest
communities and approved common interest communities that do not conflict with
this chapter. With respect to condominiums and cooperatives, such existing provisions
of those declarations, bylaws, codes of regulations, declaration plans, plats
or plans, and subsequent amendments thereto adopted subsequent to the effective
date of this chapter in strict accordance with those existing provisions, and
not in conflict with the Unit Property Act [Chapter 22 of this title], shall be
controlling in the event of any express conflict between those existing
provisions (as duly amended) and the provisions of this chapter. In matters and
as to issues where neither such existing provisions of the declaration, bylaws,
code of regulations, declaration plan, or plats or plans (as duly amended) of
preexisting common interest communities or approved common interest communities
nor the Unit Property Act [Chapter 22 of this title] expressly addresses the
matter or issue, the provisions of this chapter shall control. As to any such
preexisting common interest community or approved common interest community
prior to the effective date: (i) this chapter shall not operate to terminate or
allow the termination of existing contractual obligations created prior to the
effective date, including, but not limited to contracts for units for
preexisting common interest communities or approved common interest community
projects; (ii) this chapter shall not invalidate the declaration, code of
regulations, bylaws, declaration plan, or plats or plans of such common
interest community that do not conflict with this chapter; (iii) the Unit
Property Act (Chapter 22 of this title), and not this chapter shall govern all
obligations of a declarant created under the Unit Property Act (Chapter 22 of
this title); (iv) unless the declarant or other person with the right to do so
elects to conform the requirements of this chapter in exercising any
development right or special declarant rights, this chapter is not applicable
to the procedures for the exercise of any such development rights or special
declarant rights; (v) this chapter does not require that the preexisting
declaration, code of regulations, bylaws, declaration plans, or plats or plans
or other governing documents, including, but not limited to certificates or
articles of incorporation, formation or otherwise of any preexisting common
interest community or approved common interest community be amended to, or
otherwise to comply with, the requirements of this chapter; and (vi) except for
§§ 81-409 and 81-417 of this title, subchapter IV of this chapter is not
applicable to any such preexisting common interest community or approved common
interest community. Without limiting the generality of any other provision of
this chapter, and notwithstanding any other provision of this chapter, any
condominium created under the Unit Property Act for which future expansions are
provided under its declaration made pursuant to the Unit Property Act shall
remain governed by the Unit Property Act and not this chapter with respect to
all of such future sections, phases or other expansion rights.
Any
preexisting common interest community or approved common interest community has
the right to amend its declaration,
code of regulations, bylaws, declaration plans, or plats or plans or other
governing documents, including, but not limited to certificates or articles of
incorporation, formation or otherwise to comply with any or all of the
requirements of this chapter, or a preexisting common interest community or
approved common interest community may select particular additional sections of
this Chapter to apply to that community without adopting the entire chapter, or
a preexisting common interest community may select particular additional
sections of this Chapter to apply to that community without adopting the entire
chapter.
Section 2. This Act may be cited as the Benjamin Kuntz Act.
SYNOPSIS
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This Act affirmatively authorizes preexisting common interest communities and approved common interest communities to comply with any or all of the provisions of the Delaware Uniform Common Interest Ownership Act that they are not already required to comply with. This Act may be cited as the Benjamin Kuntz Act. A dedicated Delawarean who spent countless hours chairing the Kent County Levy Court’s Homeowners Associations Resolving Problems (HARP) Committee. He advocated tirelessly for homeowner associations. |
AUTHOR: Sen. Lawson