## HOA disputes in Delaware Homeowners Associations (HOAs), Condominium Associations (COAs), and Property Owners Associations (POAs) — collectively called "common-interest communities" — govern over 25% of U.S. housing. When disputes arise, the relationship can quickly become adversarial. ### Delaware HOA framework Delaware Uniform Common Interest Ownership Act. ## Governing documents Every HOA is governed by hierarchical documents: 1. **State statute** — sets the floor 2. **Declaration / CC&Rs** (Conditions, Covenants, and Restrictions) — recorded against the land; supreme governing document 3. **Articles of Incorporation** — establishes the HOA as a legal entity 4. **Bylaws** — internal governance rules 5. **Rules and regulations** — adopted by the board for day-to-day operation Conflicts between documents are resolved in this order — state law beats CC&Rs only where law is mandatory. ## Common HOA disputes **1. Assessments and fees.** Late fees, special assessments, fines for violations. Owner challenges over amount, calculation, or basis. **2. Architectural control.** Owner wants to add a fence, paint a color, install solar, plant a tree, change windows — board denies. CC&Rs typically require pre-approval; disputes turn on whether the board acted reasonably and within the rules. **3. Use restrictions.** Pets, parking, holiday decorations, business operations, short-term rentals (Airbnb), satellite dishes, signs, flagpoles, religious displays, clotheslines, garden gnomes — anything that some neighbor finds objectionable. **4. Board governance.** Improperly noticed meetings, refusal to provide records, questionable elections, conflicts of interest, self-dealing. **5. Maintenance disputes.** Who's responsible for what — common-area damage spreading to units, water intrusion, structural issues. **6. Foreclosure.** HOA forecloses on owner's lot for unpaid assessments — often the most aggressive HOA-owner conflict. **7. Selective enforcement.** HOA enforces against some owners but not others. Equitable estoppel and "clean hands" defenses. **8. Fines and fining process.** Many states require notice, opportunity to be heard, and reasonable fine amounts. ## Federal protections that override HOA restrictions - **Solar Rights** — many states protect installation of solar panels even where CC&Rs restrict - **Satellite dishes** (FCC OTARD rule) — owners can install dishes under 1 meter in their exclusive-use areas - **Antennas** — similar federal protection - **Religious displays** in some states (mezuzahs, religious symbols on doors) - **Flag display** — Freedom to Display the American Flag Act (2005) prohibits HOA bans on U.S. flag - **Service animals / emotional support animals** — Fair Housing Act compels reasonable accommodation - **Disability accommodations** — FHA requires reasonable modifications to accommodate disabled residents - **Familial status protection** — can't restrict children - **Race, religion, sex, national origin** — FHA ## Owner rights - **Access to records** — most states give owners broad rights to inspect HOA records - **Open meetings** — many states require board meetings be open to owners - **Notice of fines** — typically required before fines can be imposed - **Right to be heard** before fines / suspensions - **Election rights** — to vote and run for board positions - **Recall rights** — to remove directors via owner vote - **Right to obtain governing documents** - **Statement of account** — for assessments and fines - **Reasonable accommodation** for disability ## HOA enforcement tools - **Fines** — for covenant violations - **Liens on the lot** — for unpaid assessments and fines - **Foreclosure** — judicial or non-judicial depending on state - **Suspension of common-area privileges** - **Lawsuits for injunctions** — to stop violations - **Self-help in some cases** — towing, removing items in common areas ## Common defenses for owners - **Selective enforcement** — HOA didn't enforce against others doing same thing - **Acquiescence / waiver** — HOA allowed the violation for a long period - **Improper procedure** — fines without notice / hearing; meeting violations - **Unreasonableness** — boards must act reasonably in interpretation - **Federal preemption** — solar, antennas, flags, accommodations - **Unclean hands** — HOA itself violated rules - **Statute of limitations** — claims got stale - **Contract interpretation** — CC&Rs are ambiguous ## Mediation and arbitration Many HOA disputes go through pre-litigation mediation or arbitration: - **State-mandated mediation** in some states (CA, FL) - **CC&R-required mediation** in many communities - **Specialty HOA mediation programs** at state-level - **Small claims court** for minor disputes Litigation is expensive — both sides often save thousands by settling early. ## What you should do If you're in an HOA dispute in Delaware: read the CC&Rs, bylaws, and rules carefully BEFORE responding to the HOA. Document everything in writing. Don't fall behind on assessments — even disputed ones, since failing to pay can transform a dispute into a foreclosure case. Talk to a real-estate or HOA-litigation attorney early. Most Delaware HOA attorneys offer paid initial consultations. --- *This guide is general information about Delaware law as of early 2026 and is not legal advice. HOA law is detail-heavy and CC&R-specific. Talk to a licensed Delaware attorney about your specific dispute.*