States
Delaware special assessments: what your board must do.
Owners can reject special assessments at a ratification meeting, except emergencies.
Why Delaware owners are getting these bills
For condominiums, the budget must include a reserve line item, and the minimum share of the annual budget going to reserves is 15% if the board maintains 4 or more of the listed systems (roofs, elevators, windows and so on), 10% for 3, and 5% for 2 or fewer. In communities created before 30 Sept 2009 this section applies only to events after that date.
25 Del. C. 81-315(a)(2)Does the board need an owner vote?
A special assessment on all units takes effect only if the board follows the budget ratification steps and a majority of all unit owners (or a larger vote your declaration sets) does not reject it. If the board determines by unanimous vote that a special assessment is necessary to respond to an emergency, it takes effect immediately. In communities created before 30 Sept 2009 this applies only to events after that date, and a small older planned community or cooperative can be exempt under 81-120.
25 Del. C. 81-324(b)-(c)What notice must owners get?
After the board adopts a proposed budget (after declarant control ends) or special assessment, it must send owners a summary within 30 days and set an owners' meeting 14 to 60 days after that summary. Board meetings need notice 10 to 60 days ahead stating the time, place and agenda, unless owners already have a schedule or it is an emergency meeting. Emergency assessments need prompt notice to owners.
25 Del. C. 81-324(a)-(c); 81-308A(b)Your right to see the records
You can examine and copy association records if you ask in good faith and for a proper purpose related to your membership, on 5 days' written notice that identifies the purpose and the records. Some records can be withheld, such as pending litigation, attorney-client communications and executive session minutes. The association may charge no more than its actual cost for copies and staff time.
25 Del. C. 81-318(b)-(e)Payment plans, late fees and liens
Unless your declaration sets another rate, interest on unpaid assessments is the lesser of 18% a year or the highest lawful rate. Foreclosure cannot start unless you owe at least 3 months of assessments and the board votes to foreclose on your specific unit. You can request a statement of what you owe, due within 10 business days, for a fee of no more than $25 unless the account is with the association's lawyer.
25 Del. C. 81-316(a), (h), (m)In Delaware, the same rules cover condos and HOAs.
Summarised from the statutes in November 2026. Not legal advice; your declaration and bylaws may add more rules.