Sections
Subchapter I Preliminary Provisions 2201 – 2203
Subchapter II General Provisions 2204 – 2205
Subchapter III Administrative Provisions 2206 – 2218
Subchapter IV Declaration; Reservations of Charges Thereunder; Conveyances; Mortgages and Leases 2219 – 2223
Subchapter V Recording 2224 – 2228
Subchapter VI Removal of Property From Provisions of Chapter 2229 – 2231
Subchapter VII Assessments; Taxation; Liens 2232 – 2237
Subchapter VIII Miscellaneous 2238 – 2246

Terms Used In Delaware Code > Title 25 > Chapter 22

  • agency: means any department, agency or instrumentality of the State or of a political subdivision of the State, any department, agency or instrumentality of 2 or more states, or 2 or more political subdivisions of the State, or states, and any person who has the authority to acquire property by eminent domain under state law. See Delaware Code Title 29 Sec. 9301
  • Agency: means any regulatory, administrative, advisory, executive, or legislative body of this State, including a board, bureau, commission, department, division, committee, council, association, authority, or any other entity established by an act of the General Assembly of this State that meets any of the following:

    a. See Delaware Code Title 29 Sec. 1132

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arrest: Taking physical custody of a person by lawful authority.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
  • Building: means any multi-unit building or buildings or complex thereof, whether in vertical or horizontal arrangement, as well as other improvements comprising a part of the property and used or intended for use for residential, commercial or industrial purposes or for any other lawful purpose or for any combination of such uses. See Delaware Code Title 25 Sec. 2202
  • business: means any lawful activity, except a farm operation, conducted primarily:

    a. See Delaware Code Title 29 Sec. 9301

  • Buyer: means a person who buys or contracts to buy goods. See Delaware Code Title 6 Sec. 2-103
  • Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
  • Child: means a person who has not reached the age of 18 years. See Delaware Code Title 6 Sec. 4307
  • Clearing house: means an association of banks or other payors regularly clearing items. See Delaware Code Title 6 Sec. 4-104
  • Code of regulations: means such governing regulations as are adopted pursuant to this chapter for the regulation and management of the property, including such amendments thereof as may be adopted from time to time. See Delaware Code Title 25 Sec. 2202
  • Common elements: means and includes:

    a. See Delaware Code Title 25 Sec. 2202

  • Common expenses: means and includes:

    a. See Delaware Code Title 25 Sec. 2202

  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • comparable replacement dwelling: means any dwelling that is:

    a. See Delaware Code Title 29 Sec. 9301

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Contract for sale: includes both a present sale of goods and a contract to sell goods at a future time. See Delaware Code Title 6 Sec. 2-106
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • 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
  • Criteria established by the agency: as used in this chapter , shall mean those criteria established and approved pursuant to the relevant provisions of 49 C. See Delaware Code Title 29 Sec. 9301
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Declaration: means the instrument by which the owner in fee simple or lessee of the property submits it to the provisions of this chapter as hereinafter provided and all amendments thereof. See Delaware Code Title 25 Sec. 2202
  • Declaration plan: means a survey of the property prepared in accordance with § 2219 of this title. See Delaware Code Title 25 Sec. 2202
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Director: as used in this chapter refers to the Director of the Division of Consumer Protection and includes any designee. See Delaware Code Title 29 Sec. 2517
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • displaced person: means : any person who moves from real property, or moves personal property from real property:

    1. See Delaware Code Title 29 Sec. 9301

  • Draft: means a draft as defined in Section 3-104 or an item, other than an instrument, that is an order. See Delaware Code Title 6 Sec. 4-104
  • Drawee: means a person ordered in a draft to make payment. See Delaware Code Title 6 Sec. 4-104
  • Emergency event: means an impending or existing attack, act of terrorism, disease, accident, or other natural or man-made disaster that does 1 or more of the following:

    a. See Delaware Code Title 25 Sec. 745

  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executive session: A portion of the Senate's daily session in which it considers executive business.
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • farm operation: means any activity conducted solely or primarily for the production of 1 or more agricultural products or commodities, including timber, for sale or home use, and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support. See Delaware Code Title 29 Sec. 9301
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
  • Grantee: includes every person to whom a freehold estate or interest is conveyed. See Delaware Code Title 6 Sec. 4307
  • Grantor: includes every person by whom a freehold estate or interest is conveyed. See Delaware Code Title 6 Sec. 4307
  • Incumbent member: means the individual holding an office under this chapter before the emergency event. See Delaware Code Title 25 Sec. 745
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Item: means an instrument or a promise or order to pay money handled by a bank for collection or payment. See Delaware Code Title 6 Sec. 4-104
  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • Joint Legislative Oversight and Sunset Committee: means the joint legislative committee established by this chapter. See Delaware Code Title 29 Sec. 1132
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • License: means the whole or part of any agency permit, license, certificate, approval, registration, charter or any form or permission required by law, including agency rule, to engage in any activity. See Delaware Code Title 29 Sec. 2514
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Majority leader: see Floor Leaders
  • majority of the unit owners: means the owners of more than 50 percent in the aggregate in interest of the undivided ownership of the common elements as specified in the declaration. See Delaware Code Title 25 Sec. 2202
  • Member: means a member of the General Assembly under Article II of the Delaware Constitution. See Delaware Code Title 25 Sec. 745
  • Minority leader: See Floor Leaders
  • Month: means a calendar month, unless otherwise expressed. See Delaware Code Title 6 Sec. 4307
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • mortgage: means such classes of liens as are commonly given to secure advances on, or the unpaid purchase price of, real property, under the laws of the State, together with the credit instruments, if any, secured thereby. See Delaware Code Title 29 Sec. 9301
  • Nonresidential condominium: means a condominium in which all units are restricted exclusively to nonresidential purposes. See Delaware Code Title 25 Sec. 2202
  • Nonresidential purposes: means use for a purpose other than use for a dwelling and appurtenant recreational purposes, or both. See Delaware Code Title 25 Sec. 2202
  • Oath: includes affirmation in all cases where an affirmation may be substituted for an oath, and "sworn" includes affirmed; and the forms shall be varied accordingly. See Delaware Code Title 6 Sec. 4307
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Performance evaluation: means an assessment of how well an agency has performed and is performing its functions, and how well the agency has served and is serving the public need. See Delaware Code Title 29 Sec. 1132
  • Person: means a natural individual, corporation, partnership, association, trustee or other legal entity. See Delaware Code Title 25 Sec. 2202
  • person: means any individual, family, partnership, corporation or association. See Delaware Code Title 29 Sec. 9301
  • Personal property: All property that is not real property.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Property: means and includes the land, the building, all improvements thereon, all owned either in fee simple or under lease, and all easements, rights and appurtenances belonging thereto which have been or are intended to be submitted to the provisions of this chapter. See Delaware Code Title 25 Sec. 2202
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Quorum: The number of legislators that must be present to do business.
  • real property: is synonymous with the phrase "lands, tenements and hereditaments. See Delaware Code Title 6 Sec. 4307
  • Recorded: means that an instrument has been duly entered of record in the office of the recorder of deeds of the county in which the property is situate. See Delaware Code Title 25 Sec. 2202
  • Recorder: means the recorder of deeds of the county in which the property is situate. See Delaware Code Title 25 Sec. 2202
  • Repair and replacement reserve: means a reserve fund maintained by the council solely for the repair and replacement of common elements, and for no other purpose (including operating budget shortfalls or other expenditures appropriate to a contingency reserve). See Delaware Code Title 25 Sec. 2202
  • Reserve study: means an analysis, performed or updated within the last 5 years by 1 or more independent engineering, architectural or construction contractors, or other qualified persons, of the remaining useful life and the estimated cost to replace each separate system and component of the common elements, the purpose of which analysis is to inform the council and the unit owners of the amount which should be maintained from year to year in a fully funded repair and replacement reserve to minimize the need for special assessments. See Delaware Code Title 25 Sec. 2202
  • Revocation: means an instrument signed by all of the unit owners and by all holders of liens against the units by which the property is removed from the provisions of this chapter. See Delaware Code Title 25 Sec. 2202
  • Seller: means a person who sells or contracts to sell goods. See Delaware Code Title 6 Sec. 2-103
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • System: means the business registration and licensing center established by this chapter. See Delaware Code Title 29 Sec. 2514
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trustee: A person or institution holding and administering property in trust.
  • Unavailable: means absent from the place of session other than on official business of the General Assembly or unable, for physical, mental, or legal reasons, to exercise the powers and discharge the duties of a member of the General Assembly, whether or not such absence or inability would give rise to a vacancy under the Delaware Constitution or other law of this State. See Delaware Code Title 25 Sec. 745
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • 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 designation: means the number, letter or combination thereof designating a unit in the declaration plan. See Delaware Code Title 25 Sec. 2202
  • Unit owner: means the person or persons owning a unit. See Delaware Code Title 25 Sec. 2202
  • United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 6 Sec. 4307
  • Venue: The geographical location in which a case is tried.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.