Delaware Condo and HOA Document Requirements — A Guide for Title Companies

Delaware HOA Regulatory Framework

Delaware HOAs and condos are governed by several key statutes:

• Delaware Uniform Common Interest Ownership Act (UCIOA) — Title 25, Chapter 81 of the Delaware Code. This is the primary law governing HOAs, condos, and planned communities in Delaware. It establishes requirements for disclosure, governance, and document retention.
• Delaware Uniform Condominium Act — Title 25, Chapter 22. Specifically governs condominium associations, including requirements for declarations, bylaws, and purchaser disclosures.
• Delaware Homeowners Association Act — Title 25, Chapter 81A. Applies to planned communities and HOAs that are not condos.

Unlike some states, Delaware does not have a specific statutory deadline for HOA document delivery. However, the purchase agreement typically sets a timeline for document delivery, and the seller is obligated to provide the required disclosures within a reasonable timeframe.

Resale Certificate Requirements

Delaware law requires the seller of a property in an HOA or condo to provide a resale certificate to the buyer. The certificate must include:

• Assessment information. Current monthly or annual HOA fee, any unpaid assessments, and the status of the seller's account.
• Special assessments. Any approved or pending special assessments, including the amount and payment schedule.
• Violations. Any outstanding violations against the property.
• Insurance information. Summary of the HOA's insurance coverage, including property and liability policies.
• Reserve fund status. Information about the HOA's reserve fund and the most recent reserve study.

The resale certificate is typically valid for 60 days from the date of issuance in Delaware. If the closing is delayed beyond 60 days, a new certificate must be obtained.

Condo-Specific Requirements

Delaware condos are subject to additional requirements under the Delaware Uniform Condominium Act. Title companies handling condo transactions should verify:

• Declaration and bylaws. The condo declaration and bylaws must be recorded with the county recorder's office. Verify that the documents are current and properly recorded.
• Insurance coverage. The condo association must maintain a master property insurance policy covering the common elements. Verify the coverage amount and policy effective dates.
• Budget and financials. The association must provide its most recent budget and financial statements upon request.
• Fidelity insurance. Required if the association has 20 or more units and has control over reserve funds.

For a broader look at condo requirements that apply across multiple states, see our guide on Fannie Mae & Freddie Mac Condo Requirements 2026.

Delaware Uniform Common Interest Ownership Act (UCIOA)

UCIOA is the primary legal framework for common interest communities in Delaware. Title companies should be aware of the following UCIOA provisions:

• Disclosure requirements. The seller must provide a resale certificate and governing documents to the buyer before closing. Failure to provide the required disclosures can delay closing or give the buyer grounds to terminate the contract.
• Document retention. The association must retain records for at least seven years. This includes financial records, meeting minutes, and correspondence related to the property.
• Board governance. The association must hold annual meetings, maintain board elections, and provide meeting minutes to members upon request.
• Assessment collection. The association has the authority to collect assessments and place liens on properties with unpaid fees.

Documents Needed for a Delaware Closing

A complete HOA document package for a Delaware closing typically includes:

How to Order Delaware HOA Documents

Title companies can order HOA documents for Delaware properties through several methods:

• DIY email requests. Contact the management company directly. Average turnaround is 3 to 10 business days.
• Portal-based ordering. Use services like HomeWise or CondoCerts. Average turnaround is 2 to 5 business days, with portal fees of $10 to $35 per order.
• Professional retrieval service. Use HOA Docs Direct for 24- to 48-hour turnaround. Submit the property address and we handle the rest.

Order through HOA Docs Direct for the fastest turnaround. No account required. No portal fees.

Frequently Asked Questions

Key Takeaways

• Delaware HOAs are governed by UCIOA, which establishes disclosure and governance requirements for common interest communities.
• A resale certificate is required for Delaware closings and is valid for 60 days.
• Delaware does not have a specific statutory deadline for document delivery — response times depend on the management company.
• Condo associations must comply with the Delaware Uniform Condominium Act and maintain proper insurance and financial records.
• Professional retrieval services offer the fastest turnaround at 24 to 48 hours for Delaware HOA documents.