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Delaware Statewide Rule

Delaware HOA Board: Open Meetings, Voting & Records

Few RestrictionsApplies statewide across Delaware (2026)

Key Facts

Annual meeting
At least once a year (§ 81-308)
Meeting notice
10 to 60 days in advance
Owner comment
Reasonable opportunity to comment at any meeting
Voting & proxies
Governed by 25 Del. C. § 81-310
Records access
§ 81-318: good faith, proper purpose; copy fee capped at actual cost
Last verified: August 20, 2026

Summary

DUCIOA requires open, noticed meetings and gives owners a right to inspect association records. Meetings need 10-60 days' notice, owners get a chance to comment, voting and proxies are governed by § 81-310, and records are accessible on short written notice for a proper purpose.

81-308A. Executive board meeting. (a) A meeting of the executive board must be held at least quarterly. Special meetings of the executive board may be called by the president or a majority of the executive board. For purposes of this section, “meetings of the executive board” do not include incidental or other informal gatherings of 2 or more directors for social or other purposes or any meetings where no decisions are made or discussed regarding association business. The executive board and individual directors shall not use incidental or social gatherings of directors or other devices to evade the open meeting requirements of this section. (b) Except when a schedule of meetings has been distributed to unit owners that identifies the meeting in question or in cases of emergency meetings that may be held without prior notice, the secretary or other officer specified in the bylaws shall cause notice of any regular or special executive board meeting to be delivered to each unit owner by any means described in § 81-127 of this title not fewer than 10 nor more than 60 days in advance of the meeting (but not later than the time notice of the meeting is sent to members of the executive board). The notice must state the time and place of the meeting and the items on the agenda, including an opportunity for unit owners to offer comments to the executive board regarding any matter affecting the common interest community.

Full Breakdown

An association meeting must be held at least once a year (25 Del. C. § 81-308), with notice "not fewer than 10 nor more than 60 days in advance," and owners "shall be given a reasonable opportunity at any meeting to offer comments." Executive board meetings are addressed in § 81-308A; voting and proxies in § 81-310. For records, § 81-318 states that records "shall be available for examination and copying by a unit owner ... so long as the request is made in good faith and for a proper purpose," upon short written notice, and any copy fee "may not exceed the actual cost of the materials and labor." Sensitive items (personnel, litigation, attorney-client, other owners' files) are exempt.

Violations & Penalties

DUCIOA sets no specific monetary penalty for board procedural failures; owners typically enforce open-meeting, voting, and records rights through internal remedies or by court action to compel compliance.

Frequently Asked Questions

Are Delaware HOA meetings open to owners?
Yes. Under § 81-308 the annual meeting must be noticed 10 to 60 days ahead, and owners must be given a reasonable opportunity to comment on matters affecting the community.
Can I inspect my HOA's records in Delaware?
Yes. Section 81-318 makes association records available for examination and copying when you request them in good faith for a proper purpose, with copy charges capped at actual cost.
What records can the HOA refuse to show me?
The association may withhold sensitive records such as personnel matters, pending litigation, attorney-client communications, and other owners' individual files.

Sources

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