Bill Text: DE HB95 | 2015-2016 | 148th General Assembly | Draft

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Bill Title: An Act To Amend Title 25 Of The Delaware Code Relating To Notice Requirements.

Spectrum: Moderate Partisan Bill (Republican 9-2)

Status: (Introduced - Dead) 2015-05-06 - Reported Out of Committee (HOUSING & COMMUNITY AFFAIRS) in House with 2 Favorable, 4 On Its Merits [HB95 Detail]

Download: Delaware-2015-HB95-Draft.html

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SPONSOR:	Rep. Hensley & Sen. Hall-Long & Sen. Pettyjohn;
	Reps. D. Short, Hudson, Briggs King, Kenton, Miro, Wilson; Sen. Ennis

HOUSE OF REPRESENTATIVES

148th GENERAL ASSEMBLY

HOUSE BILL NO. 95

AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO NOTICE REQUIREMENTS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1.Amend §81-127, Title 25 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§81-127 Notice.

(a) Unless otherwise required or permitted by the declaration or bylaws, the following methods of giving notice suffice when notice is required: (i) hand delivered to the unit owner or other intended recipient; (ii) sent prepaid by United States mail with a certificate of mailing to the mailing address of each unit or other intended recipient and to the address on record with the tax office in the County in which the unit is located, unless that person has designated in writing a different mailing address in which case it shall be sent to the designated address; or (iii) sent by electronic means in the manner described in subsection (b) of this section.

(b) An association provides effective notice by electronic means if the unit owner gives the association prior written authorization to provide that notice, together with an electronic address.

(c) The ineffectiveness of a good faith effort to deliver notice by any authorized means does not invalidate action taken at a meeting or in lieu of a meeting.

SYNOPSIS

In many circumstances homebuyers purchase investment properties or second homes in a development that has a homeowners association.Often these homeowners do not receive mail at the physical property.In addition, these new homeowners are often unaware of the existence of the homeowners association or to whom they should contact with address changes.These changes will require that any notices be sent with a certificate of mailing to the billing address on file with the local county tax office, unless the homeowner directs otherwise.This will significantly increase the chance that homeowners are receiving the required notices.