New Castle County, DE HOA Rules: Board Procedures (2026)
Key Facts
- Transfer deadline
- 75% of dwelling-unit permits issued
- Homeowner notice
- At least 30 days, in writing
- Governing section
- UDC § 40.27.610
- Post-turnover step
- Board registers under § 40.27.710
Summary
New Castle County requires HOA maintenance corporation boards to transfer control from developer-appointed directors to homeowners by the time 75% of dwelling-unit permits are issued, with 30 days' written notice to owners.
A.Transfer of control of the maintenance corporation from the developer to the homeowners must be completed no later than the issuance of seventy-five (75) percent of the permits for the dwelling units within the subdivision.B.The developer shall provide at least thirty (30) days written notice to each homeowner of the developer's intent to transfer of control of the maintenance corporation to the homeowners.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 5).
Full Breakdown
Under Unified Development Code Article 27, a subdivision's developer-controlled maintenance corporation (the HOA) must hand board control to homeowners no later than the issuance of 75 percent of the dwelling-unit building permits in the subdivision. The developer must give each homeowner at least 30 days' written notice of the transfer, and a developer-appointed director holds office until a successor is duly elected at a turnover meeting run under the corporation's own governing documents. The County withholds further building permits until the developer files a notarized transfer affidavit and homeowner-notice documentation with the Office of Law; afterward, under Sec. 40.27.710, the elected board must register its directors' names and contact information with the Department of Public Works.
Violations & Fines
Missing the 75%-permit transfer deadline or skipping the 30-day homeowner notice halts the developer's remaining building permits until a notarized transfer affidavit and notice documentation are filed with the Office of Law.
Frequently Asked Questions
Does this apply inside Wilmington or Newark?
What if the developer never holds a turnover meeting?
Sources & Official References
Other rules in New Castle County
Compare New Castle County to another location·View the Delaware hoa rules overview
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