Delaware: Beware of communities with HOAs

By Brendan Buschi | Sep 03, 2014

The events which resulted in our move to Sussex County last year originated from our desire to be free of involvement in a homeowners association. The challenge of finding property, building a home, selling a home, moving, and starting anew were all dwarfed by our desire to rid ourselves of involvement in an HOA.

The problems associated with HOAs are many, and the issues involving HOAs can be very complex. Before making a decision to move, I spent years trying to resolve problems in our HOA. During the last year prior to our move, I was very involved with the press, the Kent County Levy Court, and the state. My actions proved futile.

There are two main problems facing anyone who lives in an HOA community in Delaware. The first has to do with both the state and county looking to avoid responsibility for things which I believe they should be responsible for. These include drainage management and snow plowing, with drainage management being the most important by far. The second problem facing members of HOAs has to do with a legal structure that is almost unique to Delaware – I am referring to Chancery Court.   Read more

 

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