Delaware Statewide Rule

Delaware HOA Board: Open Meetings, Voting & Records

Few RestrictionsApplies statewide across Delaware (2026)

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.

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: 2026-06-27

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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