Title 25, Property

§ 2214. Certain work prohibited. No unit owner shall do any work which would jeopardize the soundness or safety of the property or impair any easement or hereditament without the unanimous consent of the unit owners affected thereby.25 Del. C. 1953, § 2214; 54 Del. Laws, c. 282.;

§ 2215. Easements for work. The council shall have an easement to enter any unit to maintain, repair or replace the common elements, as well as to make repairs to units if such repairs are reasonably necessary for public safety or to prevent damage to other units or to the common…

§ 2216. Common profits and expenses. The common profits of the property shall be distributed among and the common expenses shall be charged to the unit owners according to the percentage of the undivided interest of each in the common elements, as set forth in the declaration and…

§ 2217. Voting by unit owners. At any meeting of unit owners each unit owner shall be entitled to the same number of votes as the percentage of ownership in the common elements assigned to that unit owner’s unit in the declaration and any amendments thereto.25 Del. C. 1953, § 221…

§ 2218. Books of receipts and expenditures, availability for examination. The treasurer shall keep detailed records of all receipts and expenditures, including expenditures affecting the common elements specifying and itemizing the maintenance, repair and replacement expenses of …

§ 2219. Contents of declaration. The declaration shall contain the following: (1) A reference to this chapter and an expression of the intention to submit the property to the provisions of this chapter; (2) A description of the land and building; (3) The name by which the propert…

§ 2220. Declaration plan. The declaration plan shall bear the verified statement of a registered architect or licensed professional engineer certifying that the declaration plan fully and accurately: (1) Shows the property, the location of the building thereon, the building and t…

§ 2221. Contents of deeds of units. Deeds of units shall include the following: (1) The name by which the property is identified in the declaration plan and the name of the political subdivision and the name of the county in which the building is situate, together with a referenc…

§ 2222. Mortgages and other liens of record affecting property at time of the first conveyance of each unit. At the time of the first conveyance of each unit following the recording of the original declaration, every mortgage and other lien of record affecting the entire building…

§ 2223. Sales, conveyances or leases of or liens upon separate units. Units may be sold, conveyed, mortgaged, leased or otherwise dealt with in the same manner as like dealings are conducted with respect to real property and interests therein. Every written instrument dealing wit…

§ 2224. Instruments recordable. All instruments relating to the property or any unit, including the instruments provided for in this chapter, shall be entitled to be recorded, provided that they are acknowledged in the manner provided by law.25 Del. C. 1953, § 2224; 54 Del. Laws,…

§ 2225. Recording a prerequisite to effectiveness of certain instruments. No declaration, declaration plan or code of regulations or any amendments thereto shall be effective until the same have been duly recorded.25 Del. C. 1953, § 2225; 54 Del. Laws, c. 282.;

§ 2226. Place of recording. The recorder shall record declarations, deeds of units, codes of regulations and revocations in the same records as are maintained for the recording of deeds of real property. Mortgages relating to units shall be recorded in the same records as are mai…

§ 2227. Indexing by recording officer. The recorder shall index each declaration against the maker thereof as the grantor, and the name by which the property is identified therein as the grantee. The recorder shall index each declaration plan and code of regulations and any revoc…

§ 2228. Recording fees. The recorder shall be entitled to charge the same fees for recording instruments which are recordable under this chapter as the recorder is entitled to charge for like services with respect to the recording of other instruments.25 Del. C. 1953, § 2228; 54 …

§ 2229. Procedure. Property may be removed from the provisions of this chapter by a revocation expressing the intention to so remove property previously made subject to the provisions of this chapter. No such revocation shall be effective unless the same is executed by all of the…

§ 2230. Effect of removal. When property subject to the provisions of this chapter has been removed as provided in § 2229 of this title, the former unit owners shall at the time such removal becomes effective become tenants in common of the property. The undivided interest in the…

§ 2231. Resubmission. The removal of property from the provisions of this chapter shall not preclude such property from being resubmitted to the provisions of the chapter in the manner herein provided.25 Del. C. 1953, § 2231; 54 Del. Laws, c. 282.;

§ 2232. Assessments and taxes. Each unit and its proportionate undivided interest in the common elements, as determined by the declaration and any amendments thereof, shall be assessed and taxed for all purposes as a separate parcel of real estate entirely independent of the buil…

§ 2233. Assessment of charges. All sums assessed by resolutions duly adopted by the council against any unit for the share of common expenses chargeable to that unit shall constitute the personal liability of the owner of the unit so assessed and shall, until fully paid, together…

§ 2234. Method of enforcing charges. Any charge assessed against a unit may be enforced by an action at law by the council acting on behalf of the unit owners, provided that each action, when filed, shall refer to this chapter and to the unit against which the assessment is made …

§ 2235. Mechanics’ liens against units. Any mechanics’ liens arising as a result of repairs to or improvements of a unit by a unit owner shall be liens only against such unit. Any mechanics’ liens arising as a result of repairs to or improvements of the common elements, if author…

§ 2236. Unpaid assessments at time of execution sale against a unit. In the event that title to a unit is transferred by sheriff’s sale pursuant to execution upon any lien against the unit, the council may give notice in writing to the sheriff of any unpaid assessments for common…

§ 2237. Unpaid assessments at time of voluntary sale of a unit. Upon the voluntary sale or conveyance of a unit, the grantee shall be jointly and severally liable with the grantor for all unpaid assessments for common expenses which are a charge against the unit as of the date of…

§ 2238. Insurance. The council shall, if required by the declaration, the code of regulations, or by a majority of the unit owners, insure the building against loss or damage by fire and such hazards as shall be required or requested without prejudice to the right of each unit ow…

§ 2239. Repair or reconstruction. Except as hereinafter provided, damage to or destruction of the building or of 1 or more of several buildings which comprise the property shall be promptly repaired and restored by the council using the proceeds of insurance held by the council, …

§ 2240. Ownership of land. Nothing in this chapter shall be construed to prevent the construction of unit properties, as defined in § 2202 of this title, upon land held under a lease by the developer of the unit property, provided that the declaration required under § 2219 of thi…

§ 2241. Notice and record of meetings. (a) No meetings of unit owners or meetings of any council pursuant to this chapter may be held unless notice of the meeting, with the agenda for the meeting, has been either: (1) Posted conspicuously in each building in an area open to all u…

§ 2242. Display of flags. Any unit owner shall have the right to display the flag of the United States of America, measuring up to 3 feet by 5 feet, on a pole located within the property’s boundaries or attached to the exterior wall of the unit or the common elements proximate to…

§ 2243. “For Sale” signs. Any unit owner shall have the right to display a “For Sale” sign, measuring up to 12 inches by 18 inches (12″ X 18″) on the exterior wall of such person’s unit or the common elements proximate to the unit. Such “For Sale” sign shall be entitled “For Sale…

§ 2244. Repair and replacement reserve as a percentage of budget. The minimum percentage of the annual budget of a condominium that must be assigned to the repair and replacement reserve will depend on how many of the following components and systems are to be maintained, repaire…

§ 2245. Compliance phase-in. Anything in this title to the contrary notwithstanding, if the amount held by a condominium in its repair and replacement reserve as of October 1, 2009, in lieu thereof, (1) Constitutes less than 25% of the level of funding required for a fully funded…

§ 2246. Exceptions for nonresidential condominiums. A nonresidential condominium may elect to be exempt from the requirement for creating and maintaining a repair and replacement reserve pursuant to § 2211 of this title if the declaration so provides or otherwise by the vote of a…

§ 2501. Authorization and effect. (a) It shall be lawful for any lessee of any lands or premises situate in this State for a term of 10 years or more to mortgage that lessee’s lease or term in the demised premises with all buildings, fixtures and machinery thereon belonging to th…

§ 2601. Short title [For application of this section, see 79 Del. Laws, c. 18, § 2]. This chapter shall be known and may be cited as the “Commercial Real Estate Broker’s Lien Act.”79 Del. Laws, c. 18, § 1;

§ 2602. Definitions [For application of this section, see 79 Del. Laws, c. 18, § 2]. As used in this chapter, the term: (1) “Broker” means any individual who holds a broker license from the Delaware Real Estate Commission and who for a compensation or valuable consideration, is s…

§ 2603. Right to lien [For application of this section, see 79 Del. Laws, c. 18, § 2]. Upon performance of all of the duties of the real estate broker as stated in the brokerage agreement except completing settlement, the broker shall have the right to place a lien upon commercia…

§ 2604. Claim of lien [For application of this section, see 79 Del. Laws, c. 18, § 2]. (a) The claim for a broker’s lien shall attach to the commercial real estate upon the broker filing an affidavit and notice of broker’s lien in the form required in this chapter in the office o…

§ 2605. When to file the affidavit and notice of broker’s lien [For application of this section, see 79 Del. Laws, c. 18, § 2]. The lien shall be recorded within 90 days of the failure to pay upon completion of the duties under § 2603 of this title or the agreed upon payment sche…

§ 2606. Form of affidavit and notice [For application of this section, see 79 Del. Laws, c. 18, § 2]. The affidavit and notice of broker’s lien shall state the name of the broker claiming the broker’s lien, the name of the record owner of the commercial real estate that is the su…

§ 2607. Notice of lien to be mailed [For application of this section, see 79 Del. Laws, c. 18, § 2]. The broker shall cause a copy of the affidavit and notice of broker’s lien to be mailed to the record owner of the commercial real estate by certified mail, return receipt request…

§ 2608. Lien void if not filed timely [For application of this section, see 79 Del. Laws, c. 18, § 2]. The broker’s lien shall be void and unenforceable if filing does not occur within the time and in the manner required by this chapter. A broker’s lien properly asserted against …

§ 2609. Escrow of lien amount [For application of this section, see 79 Del. Laws, c. 18, § 2]. Whenever an affidavit and notice of broker’s lien has been recorded, the record owner of the commercial real estate or the tenant in case of a lien upon the leasehold estate may have th…

§ 2610. Enforcement of lien [For application of this section, see 79 Del. Laws, c. 18, § 2]. A broker may bring suit to enforce the broker’s lien in the Superior Court in the county where the commercial real estate is located (or in either county if the commercial real estate is …

§ 2611. Costs, expenses, and attorneys’ fees [For application of this section, see 79 Del. Laws, c. 18, § 2]. The costs and expenses of all proceedings brought under this chapter, including the enforcement of the broker’s lien, including reasonable attorneys’ fees actually incurr…

§ 2612. Priority of liens [For application of this section, see 79 Del. Laws, c. 18, § 2]. The broker’s lien shall be a lien on the commercial real estate that is the subject of the notice of lien and shall have priority from the time it has been filed as required by this chapter…