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SB 352

AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO THE DELAWARE UNIFORM COMMON INTEREST OWNERSHIP ACT.

153rd General Assembly (2025-2026) Introduced by Dan Cruce and 1 co-sponsor

The bill updates governance, financial, recordkeeping, and dispute-resolution rules for common-interest communities under DUCIOA to improve transparency and accountability.

Introduced and Assigned to Executive Committee in Senate
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Bill Summary · SB 352

Summary of SB 352 (Session 153, Delaware)

Purpose and Intent

SB 352 aims to amend Title 25 of the Delaware Code pertaining to the Delaware Uniform Common Interest Ownership Act (DUCIOA). The bill’s core objective is to modify existing provisions governing common-interest communities (CICs) such as condominium and homeowners associations, cooperative housing, and other structures governed by shared ownership interests. The intended effect is to update statutory rules to reflect policy priorities, improve governance, and clarify processes for CICs and their members.

Key Provisions and Changes (as introduced)

  • Governance and Voting: The bill is expected to adjust rules related to governance structures within common-interest communities, potentially including voting procedures, eligibility, and dispute resolution mechanisms. While the exact text is not provided here, such amendments typically address how owners participate in decision-making and how votes are counted or challenged.
  • Fiduciary Duties and Board Responsibilities: Revisions may clarify or expand fiduciary duties of association boards and officers (e.g., duties of care, loyalty, and good faith), and may establish standard of conduct for board members.
  • Financial Oversight and Assessments: Changes may relate to budgeting, reserve funding, disclosures, financial reporting requirements, and the collection or handling of assessments and delinquency procedures.
  • Recordkeeping and Transparency: The bill could introduce or tighten requirements for open records, owner access to documents, meeting notices, and minutes to enhance transparency.
  • Dispute Resolution: Provisions might modify processes for resolving owner-association disputes, mediate or arbitrate issues, or specify remedies for violations of the CIC governing documents or statutory requirements.
  • Developer and Transition Provisions: There could be changes addressing transitional periods for newly formed associations or phased development scenarios, including how control passes from declarant to unit owners.
  • Enforcement and Remedies: Updates may outline enforcement mechanisms and penalties for non-compliance, including potential civil remedies or enforcement actions by state authorities.

Who would be Affected

  • Unit Owners and Residents: Individuals who own property within a common-interest community governed by DUCIOA would be directly affected by changes to voting, assessments, access to records, and dispute processes.
  • Homeowners Associations, Condominiums, and Cooperatives: Governing boards and management companies responsible for administering CICs would implement the amended rules, governance standards, financial practices, and enforcement mechanisms.
  • Developers/Declarants: In transitional scenarios, developers who control associations during initial phases may face updated requirements related to developer transition and governance.

Procedural and Timeline Aspects

  • Status: Introduced and assigned to the Executive Committee in the Senate on June 24, 2026.
  • Sponsors: Co-sponsors include Senator Dan Cruce and Senator Ray Seigfried.
  • Next Steps: As an introduced measure assigned to the Executive Committee, it will progress through committee hearings and potential amendments before any floor vote in the Senate. If advanced, similar consideration would follow in the House (if applicable) or via joint passage procedures, depending on Delaware’s legislative process for bills amending Title 25.

Additional Notes

  • The summary reflects the bill’s stated title and action history. The exact statutory text will define the precise scope, including any new definitions, enacted sections, repeals, or transitional provisions.
  • For a complete understanding, reviewing the bill’s full text and any accompanying fiscal notes or impact assessments would be essential, particularly to identify specific numerical thresholds, timelines, or implementation dates.

Compiled from official sources — confirm details with the bill’s official record.

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