(a) The Common Interest Community Advisory Council, referred to as “the Council” throughout this section, consists of 18 members. A member who is on the Council by virtue position may appoint a designee to serve in their stead and at their pleasure. Membership is comprised as follows:

(1) The Governor shall appoint 3 members of the public who are unit owners, as defined under § 81-103 of Title 25, of common interest communities in this State, 1 from each county.

(2) The Mayor of the City of Wilmington.

(3) The County Executive of New Castle County.

(4) The President of the Kent County Levy Court.

(5) The President of the Sussex County Council.

(6) The Speaker of the House shall appoint 3 members.

(7) The President Pro Tempore of the Senate shall appoint 3 members.

(8) The Secretary of State.

(9) The President of the Delaware Bar Association shall appoint 2 members from the Real Property Section of the Delaware State Bar Association whose practice involves the creation of, or the handling of disputes arising from, common interest communities.

(10) The President of the Home Builders Association of Delaware.

(11) The Chief Executive Officer of Community Associations Institute.

Terms Used In Delaware Code Title 29 Sec. 2546

  • 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.
  • 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
  • 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.
  • Quorum: The number of legislators that must be present to do business.
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
  • Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302

(b) A member serves until a replacement is appointed under the same process as the member’s appointment.

(c) Members serve without compensation, but may be reimbursed for reasonable necessary expenses incident to the member’s duties and in accordance with state law.

(d) The Attorney General shall appoint the Council’s Chair from among the members of the Council.

(e) The number of members who must be present at a Council meeting in order to have a quorum and conduct official business is the majority of members. Counting for quorum does not include member positions that are vacant.

(f) The Council shall do all of the following:

(1) Advise the Ombudsperson regarding issues related to common interest communities, including any of the following:

a. Mechanisms to increase the collection rate for common interest community assessments.

b. The development of conflict resolution procedures within common interest communities.

c. The feasibility of mandatory mediation, arbitration, or another form of alternative dispute resolution for disputes not able to be resolved within common interest communities and, if deemed feasible, how to implement such a process.

d. The development of mechanisms for the registration of common interest communities with the State or other political subdivision.

e. Any other topic the Council deems necessary to advise the Ombudsperson on related to common interest communities.

(2) Advise the Ombudsperson in the operation of the Office.

(3) Study and recommend to the Ombudsperson the adoption, amendment, or rescission of Delaware law or rule of court procedure designed to improve the regulation and operation of common interest communities.

(4) Assist the Ombudsperson in the preparation of the annual report required of the Ombudsperson under § 2544(16) of this title.

(g) The Ombudsperson shall provide support that the Council requests. At a minimum, the Ombudsperson shall prepare the agenda for and minutes of Council meetings and shall post the agenda and minutes as required by the Freedom of Information Act, Chapter 100 of this title.

(h) The Council shall meet at least 4 times each year. The Chairperson, the Ombudsperson, or a majority of the members may call a special meeting of the Council.

79 Del. Laws, c. 408, § ?1; 70 Del. Laws, c. 186, § ?1; 82 Del. Laws, c. 219, § ?1;

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