Your Right to Attend HOA Meetings in Delaware

A lot of HOA frustration traces back to decisions made where owners weren't in the room — a budget approved, a rule adopted, a contract signed. In Delaware, the Delaware Uniform Common Interest Ownership Act (DUCIOA), 25 Del. C. Chapter 81, addresses how the association and its executive board meet and how owners are notified. (DUCIOA is the main statute for modern communities; older condominiums fall under the Unit Property Act, and the association's entity form pulls in its own law — see Which Delaware Laws Govern Your Community?.) This is general information, not legal advice — for how it applies to your specific situation, a licensed Delaware attorney is the right resource.

Meetings under § 81-308

DUCIOA's meetings provision (§ 81-308) governs both meetings of the association membership and meetings of the executive board, including the notice owners are entitled to and the circumstances under which the board may meet. The recurring themes are the same ones that run through the whole Act: notice and transparency.

For a homeowner, the practical questions usually are:

• Was proper notice given for the meeting, with enough lead time?
• Did the notice say what would be decided (the agenda)?
• Were owners able to attend the portions of board meetings the statute opens to them?

Why notice is the leverage point

Notice exists so owners can show up and participate before a decision is locked in. When a board adopts a new rule or raises assessments at a meeting that owners never heard about, the lack of proper notice is often the first thing a homeowner or attorney examines. A decision reached without the notice the statute and the bylaws require may be vulnerable.

The governing documents fill in the detail

DUCIOA sets the floor, but your declaration and bylaws typically spell out specifics — how many days' notice, how it is delivered, what counts as a quorum, and how owners get items onto an agenda. The association is expected to follow its own documents on top of the statute, so both are worth reading side by side.

Minutes are records you can get

Meeting minutes are part of the association's records, which under § 81-318 are open to owners for examination and copying. If you could not attend, the minutes are how you find out what was decided, who voted, and on what basis. Requesting minutes is a common first step when a board action seems to have come out of nowhere.

If meetings are closed or unnoticed

When an owner believes the board is meeting without proper notice or shutting owners out of meetings the Act opens to them, the options include raising it with the board in writing, contacting the state's HOA Ombudsperson for information, and — for unresolved disputes — consulting a licensed Delaware attorney about whether § 81-308 or the bylaws were violated.

Sources

• 25 Del. C. § 81-308 — Meetings
• 25 Del. C. § 81-318 — Association records
• 25 Del. C. Chapter 81 — Delaware Uniform Common Interest Ownership Act