§ 81-305 — Termination of contracts and leases of declarant

Delaware § 81-305

• Jurisdiction: Delaware
• Title: 25
• Part: Common Interests and Ownership of Real Estate
• Ch. 81: DELAWARE UNIFORM COMMON INTEREST OWNERSHIP ACT
• Subch.: Management of the Common Interest Community

Text

Except as provided in § 81-122 of this title, if entered into before the executive board elected by the unit owners pursuant to § 81-303(f) of this title takes office:

(i) Any management contract, employment contract, or lease of recreational or parking areas or facilities;

(ii) Any other contract or lease between the association and a declarant or an affiliate of a declarant; or

(iii) Any contract or lease that is not bona fide or was unconscionable to the unit owners at the time entered into under the circumstances then prevailing, may be terminated without penalty by the association at any time after the executive board elected by the unit owners pursuant to § 81-303(f) of this title takes office upon not less than 90 days’ notice to the other party.

This section does not apply to:

(i) Any lease the termination of which would terminate the common interest community or reduce its size, unless the real estate subject to that lease was included in the common interest community for the purpose of avoiding the right of the association to terminate a lease under this section; or

(ii) A proprietary lease.

Legislative History

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