§ 2219 — Contents of declaration

Delaware § 2219

• Jurisdiction: Delaware
• Title: 25
• Part: Mortgages and Other Liens
• Ch. 22: UNIT PROPERTIES
• Subch.: Declaration; Reservations of Charges Thereunder; Conveyances; Mortgages and Leases

Text

The declaration shall contain the following:

(1) A reference to this chapter and an expression of the intention to submit the property to the provisions of this chapter;

(2) A description of the land and building;

(3) The name by which the property will be known;

(4) A statement that the property is to consist of units and common elements as shown in a declaration plan;

(5) A description of the common elements and the proportionate undivided interest expressed as a percentage assigned to each unit therein, provided the sum of the undivided interests in the common elements allocated at any time to all the units must equal 1 if stated as a fraction or 100 percent if stated as a percentage, except for minor variations due to rounding. In the event of any discrepancy between an allocated interest and the result derived from application of the pertinent formula, then the allocated interest prevails;

(6) A statement that the proportionate undivided interest in the common elements may be altered by the recording of an amendment duly executed by all unit owners affected thereby;

(7) A statement of the purposes or uses for which each unit is intended and restrictions, if any, as to use;

(8) The names of the first members of council;

(9) Any further details in connection with the property which the party or parties executing the declaration may deem appropriate.

Legislative History

25 Del. C. 1953, § 2219; 54 Del. Laws, c. 282 ; 77 Del. Laws, c. 92, § 8