Records & TransparencyDE
Getting Your HOA's Records in Delaware: What Owners Are Entitled To
By The HOARebel Team · May 27, 2026 · 2 min read
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.
What the statute says
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
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 a request generally works
Under the Act, a request is typically made on five days' written notice that reasonably identifies the records sought, and 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 identify" 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.
Copying fees
DUCIOA allows the association to charge a reasonable fee for providing copies. A charge that looks more like a penalty than the cost of copying 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.