Upon the voluntary sale or conveyance of a unit, the grantee shall be jointly and severally liable with the grantor for all unpaid assessments for common expenses which are a charge against the unit as of the date of the sale or conveyance, but such joint and several liability shall be without prejudice to the grantee’s right to recover from the grantor the amount of any such unpaid assessments which the grantee may pay, and until any such assessments are paid, they shall continue to be a charge against the unit which may be enforced in the manner set forth in § 2234 of this title. Provided, however, that any person who shall have entered into a written agreement to purchase a unit shall be entitled to obtain a written statement from the treasurer setting forth the amount of unpaid assessments charged against the unit and its owners and, if such statement does not reveal the full amount of the unpaid assessments as of the date it is rendered, neither the purchaser nor the unit shall be liable for the payment of an amount in excess of the unpaid assessments shown thereon. Any such excess which cannot be promptly collected from the former unit owner may be reassessed by the council as a common expense to be collected from all of the unit owners including the purchaser, the former unit owner’s heirs, personal representatives, successors and assigns.

25 Del. C. 1953, § ?2237; 54 Del. Laws, c. 282; 70 Del. Laws, c. 186, § ?1;

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Terms Used In Delaware Code Title 25 Sec. 2237

  • Common expenses: means and includes:

    a. See Delaware Code Title 25 Sec. 2202

  • Council: means a board of natural individuals of the number stated in the code of regulations all of whom shall be either residents of this State or unit owners, as defined in paragraph (21) of this section, but need not be both, and who shall manage the business operation and affairs of the property on behalf of the unit owners and in compliance with and subject to the provisions of this chapter. See Delaware Code Title 25 Sec. 2202
  • Grantee: includes every person to whom a freehold estate or interest is conveyed. See Delaware Code Title 1 Sec. 302
  • Grantor: includes every person by whom a freehold estate or interest is conveyed. See Delaware Code Title 1 Sec. 302
  • Grantor: The person who establishes a trust and places property into it.
  • Person: means a natural individual, corporation, partnership, association, trustee or other legal entity. See Delaware Code Title 25 Sec. 2202
  • Unit: means a part of the property designed or intended for any type of independent use which has a direct exit to a public street or way, or to a common element or common elements leading to a public street or way, or to an easement or right-of-way leading to a public street or way, and includes the proportionate undivided interest in the common elements which is assigned thereto in the declaration or any amounts thereof. See Delaware Code Title 25 Sec. 2202
  • Unit owner: means the person or persons owning a unit. See Delaware Code Title 25 Sec. 2202