Property Ownership

What is a 'homeowners association' (HOA) and what powers does it have over Delaware property owners?

AAn HOA is a voluntary organization with no legal enforcement power
BAn HOA is a legal entity governed by its Declaration, Bylaws, and Rules that can enforce deed restrictions, collect assessments, and place liens on properties for non-payment — Delaware HOAs are governed by the Delaware Unit Property Act or common law✓ Correct
CAn HOA is a government agency overseeing residential neighborhoods
DAn HOA can only enforce aesthetic rules like landscaping requirements

Explanation

HOAs in Delaware are legal entities formed to govern common interest communities. They have authority to: enforce deed restrictions and rules, collect regular assessments (dues) and special assessments, maintain common areas, and place liens on properties for unpaid assessments. Lien priority and HOA powers vary based on the community's governing documents and Delaware law.

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