HOA Rules in Delaware (2026)
10 rules on the books across Delaware, 2 cities and counties. Select a rule to read the full details.
Severity: Few Restrictions · Light Restrictions · Some Restrictions · Significant Restrictions · Heavy Restrictions
Board Procedures
Rules governing HOA board meetings, elections, transparency requirements, and voting procedures for homeowners.
Delaware: statewide
StatewideFew RestrictionsDUCIOA requires open, noticed meetings and gives owners a right to inspect association records. Meetings need 10-60…
Read full rule →New Castle County
Some RestrictionsNew Castle County requires HOA maintenance corporation boards to transfer control from developer-appointed directors to…
Read full rule →Assessment & Dues
Rules about regular assessments, special assessments, collection procedures, late fees, and what happens when homeowners fall behind on dues.
CC&R Enforcement
How covenants, conditions, and restrictions are enforced, including violation notices, fines, lien authority, and legal remedies available to HOAs and homeowners.
Wilmington
Some RestrictionsDelaware Court of Chancery, not Wilmington code enforcement, handles deed covenant and HOA restriction disputes through…
Read full rule →New Castle County
Light RestrictionsNew Castle County's Unified Development Code draws a hard line between private deed restrictions and public zoning law…
Read full rule →HOA Fines & Enforcement
Statutory caps on HOA fine amounts, notice-and-hearing requirements before fines can be assessed, and how unpaid fines become liens against the property.
Lien & Foreclosure Limits
What an association must clear before it can foreclose on a home for unpaid assessments: minimum debt thresholds, waiting periods, mandatory notice and payment-plan offers, and the states that bar foreclosure where the debt is fines and late fees rather than assessments.
Board Governance
Governance structure of the HOA (board composition, term lengths, election procedures), open-meeting requirements, and member voting rights under state statutes.
Flag Display Rights
When an association may restrict flags on a lot and when it may not, the federal floor protecting the American flag, and state statutes extending that protection to state, military, and first-responder flags, along with the pole height and placement conditions a board can still impose.
Rental Restriction Limits
How far an association may go in banning or capping leasing, grandfathering for owners who already rent, minimum-lease-term and cap-percentage rules, and the member vote thresholds required before a rental amendment binds existing owners.