Bill Text: DE HB445 | 2015-2016 | 148th General Assembly | Draft
Bill Title: An Act To Amend Title 25 Of The Delaware Code Relating To The Delaware Uniform Common Interest Ownership Act.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2016-06-29 - Introduced and Assigned to Housing & Community Affairs Committee in House [HB445 Detail]
Download: Delaware-2015-HB445-Draft.html
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SPONSOR: |
Rep. Schwartzkopf & Sen. Lopez |
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HOUSE OF REPRESENTATIVES 148th GENERAL ASSEMBLY |
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HOUSE BILL NO. 445 |
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AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO THE DELAWARE UNIFORM COMMON INTEREST OWNERSHIP ACT. |
Section 1. Amend § 81-303, Title 25 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
(h) Failure of the Declarant to relinquish control as provided for in paragraph (c) shall entitle unit owners to reasonable attorneys' fees and litigation costs as a result of Declarant's failure to relinquish control. Additionally, unit owners shall also be entitled to punitive damages if a Declarant fails to relinquish control as provided for in paragraph (c).
SYNOPSIS
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This bill entitles a unit owner to attorneys' fees and litigation costs if a Declarant fails to relinquish control of a unit owners' association as required in the Delaware Uniform Common Interest Ownership Act. Additionally, this bill creates punitive damages for a declarant who fails to relinquish control of a unit owners' association as required by the Delaware Uniform Common Interest Ownership Act. |
