§ 81-213 — Subdivision of units

Delaware § 81-213

• Jurisdiction: Delaware
• Title: 25
• Part: Common Interests and Ownership of Real Estate
• Ch. 81: DELAWARE UNIFORM COMMON INTEREST OWNERSHIP ACT
• Subch.: Creation, Alteration, and Termination of Common Interest

Text

(a) In a condominium or cooperative if the declaration expressly so permits and approval as noted herein is obtained in writing, a unit may be subdivided into 2 or more units. Subject to the provisions of the declaration, payment of all expenses by the unit owner and other provisions of law other than this chapter, upon application of a unit owner to subdivide a unit in a condominium or cooperative, the association shall prepare, execute, and record an amendment to the declaration, including in a condominium or planned community the plats and plans, subdividing that unit.

(b) The amendment to the declaration must be executed by the owner of the unit to be subdivided, assign an identifying number to each unit created, and reallocate the allocated interests formerly allocated to the subdivided unit to the new units in any reasonable manner prescribed by the owner of the subdivided unit or on any other basis the declaration requires.

Legislative History

76 Del. Laws, c. 422, § 2 ; 77 Del. Laws, c. 91, §§ 30, 31, 82