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HB 469

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE IN REGARD TO THE OFFICE OF THE COMMON INTEREST COMMUNITY OMBUDSPERSON.

153rd General Assembly (2025-2026) Introduced by Rich Collins and 4 co-sponsors

Creates Deputy Ombudspersons in every county to improve local access and assistance for unit owners and common interest communities.

Introduced and Assigned to Judiciary Committee in House
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Bill Summary · HB 469

Summary of HB 469 (Session 153, Delaware)

Purpose

HB 469 proposes amendments to Title 29 of the Delaware Code to reform the Office of the Common Interest Community Ombudsperson. The core aim is to enhance local accessibility and support for unit owners, common interest communities, and declarants by creating dedicated deputy leadership in each county and expanding the ombudsperson’s capacity to assist with rights and obligations under the chapter.

Key Provisions

  • Creation of Deputy Ombudspersons (one per county):
    The bill requires the Common Interest Community Ombudsperson to appoint a Deputy Ombudsperson in each county. These deputies would serve as the primary local contact points for individuals seeking information, guidance, or assistance regarding common interest community issues.

  • Staffing and Resources (FY2027 estimates):
    The Department of Justice projects the need for an additional 3.0 FTE Legal Assistant III positions to meet the expanded duties. Estimated Fiscal Year 2027 costs include:

    • Recurring costs: $145,856 (including $141,116 for six months of funding and 33.41% OECs for 3.0 FTEs) plus $4,740 for technology-related operating costs.
    • One-time costs: $21,900 for equipment, computers, and startup supplies for the new positions.

  • Establishment of the Common Interest Community Ombudsperson Fund:
    The bill creates a dedicated fund administered by the Ombudsperson under the oversight of the Controller General. The fiscal note notes potential variability in oversight requirements and acknowledges that the exact impact on the Controller General’s Office is not determinable at this time; additional personnel, support, or technology could be required depending on the scope of oversight.

  • Fiscal Year 2027 and Beyond:
    The fiscal note indicates six months of salary funding in FY2027 (with the remaining six months annualized in subsequent years) and includes an assumed 2% inflation increase for salaries and OECs. Projected ongoing costs grow in FY2028 and FY2029 as part of the program’s expansion.

Affected Parties

  • Unit Owners, Common Interest Communities, and Declarants:
    Individuals and entities seeking guidance, information, or enforcement support regarding rights and obligations under the common interest community framework.

  • Common Interest Community Ombudsperson Office:
    Expanded leadership and staffing, including deputy positions in every county to improve local access and assistance.

  • State Agencies:
    Department of Justice (staffing implications) and the Controller General (fund oversight).

Procedural and Timeline Details

  • Effective Date: January 1, 2027, contingent on Governor signature.
  • Administrative Changes: Establishment of a new fund and the requirement to appoint county Deputy Ombudspersons.
  • Reporting/Oversight: Fund administered by the Ombudsperson with oversight by the Controller General; specifics of oversight responsibilities are not fully defined in the Act.

Notable Considerations

  • The fiscal note anticipates increased personnel, technology costs, and startup supplies beginning in FY2027, with continuing annual costs in subsequent years.
  • The creation of county Deputy Ombudspersons represents a significant organizational expansion intended to improve local access to services for common interest communities.

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

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