Getting Your HOA's Records in Delaware: What Owners Are Entitled To

When a board makes decisions behind closed doors, the records are often where the real story is — the budget, the meeting minutes, the contracts, the fine that was levied. In Delaware, those records are not the board's private property. Under the Delaware Uniform Common Interest Ownership Act (DUCIOA), 25 Del. C. Chapter 81, they belong to the membership and are open for inspection. (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.

Can I see my HOA's records in Delaware?

Yes, under DUCIOA, the main statute for modern Delaware communities. Under 25 Del. C. ch. 81, subch. III, § 81-318(b), association records are "available for examination and copying by a unit owner or the unit owner's authorized agent," so an owner can generally send an attorney, accountant, or other representative. Older condominiums fall under the Unit Property Act.

DUCIOA addresses association records directly:

"shall be available for examination and copying by a unit owner or the unit owner's authorized agent" — 25 Del. C. § 81-318(b)

The right runs to the owner and to an authorized agent — so an owner can generally send an attorney, accountant, or other representative to review records on their behalf.

How much notice does a Delaware HOA records request need?

Five days' written notice, reasonably identifying the purpose and the specific records requested. Under 25 Del. C. ch. 81, subch. III, § 81-318(b), the request must also be made in good faith and for a proper purpose related to the owner's membership, and records are available during reasonable business hours or at a mutually convenient time and location.

Under the Act, the right applies when the request is made in good faith and for a proper purpose related to the owner's membership in the association, and it is exercised on five days' written notice reasonably identifying both the purpose for the request and the specific records sought — "upon 5-days' written notice reasonably identifying the purpose for the request and the specific records of the association requested" (25 Del. C. § 81-318(b)). The records are made available during reasonable business hours or at a mutually convenient time and location. Two practical points fall out of that:

• A request that names the specific records (for example, "board meeting minutes for the last 12 months" or "the contract with the landscaping vendor") fits the statute's "reasonably identifying" framing better than an open-ended demand for everything.
• The statute frames access around a reasonable time and place rather than an immediate handover on the spot.

Can a Delaware HOA charge for copies of records?

Yes, but only actual cost. Under 25 Del. C. ch. 81, subch. III, § 81-318(e), the association may charge a fee, in advance, for converting records into written form, for permitting inspection, and for providing copies, but the fee "may not exceed the actual cost of the materials and labor incurred by the association."

DUCIOA allows the association to charge a fee, in advance, for converting records into written form, for permitting inspection, and for providing copies, but it caps that fee: it "may not exceed the actual cost of the materials and labor incurred by the association" (25 Del. C. § 81-318(e)). A charge above that actual cost is the kind of thing a homeowner can raise — including with the state's HOA Ombudsperson.

What records are commonly sought

People reviewing an association's books often look at:

• Meeting minutes and notices
• The annual budget and financial statements
• Bank records and vendor contracts
• The governing documents, rules, and any adopted fine schedule

Records frequently matter in other disputes too: a fine challenge often starts by requesting the rule and fine schedule that supposedly authorized the penalty.

If the association refuses

DUCIOA makes records "available for examination and copying," so a flat refusal or indefinite stonewalling runs against the statute. Delaware homeowners have two avenues that many states lack and have in common: the state DOJ's Common Interest Community Ombudsperson, and, for unresolved disputes, a licensed Delaware attorney who can advise on enforcing the right under § 81-318.

Sources

• 25 Del. C. ch. 81, subch. III — Management of the common interest community (incl. § 81-318, association records)
• 25 Del. C. Chapter 81 — Delaware Uniform Common Interest Ownership Act
• Delaware DOJ — Common Interest Community (HOA) Ombudsperson