Delaware Code § 25-81-221

Merger or consolidation of common interest communities
Open in Lexace · Ask the AI about this section
(a) Any 2 or more common interest communities of the same form of ownership, by agreement of the unit owners as provided in
subsection (b) of this section, may be merged or consolidated into a single common interest community. In the event of a merger or
consolidation, unless the agreement otherwise provides, the resultant common interest community is the legal successor, for all purposes,
of all of the pre-existing common interest communities, and the operations and activities of all associations of the pre-existing common
interest communities are merged or consolidated into a single association that holds all powers, rights, obligations, assets, and liabilities
of all preexisting associations.
(b) An agreement of 2 or more common interest communities to merge or consolidate pursuant to subsection (a) of this section must
be evidenced by an agreement prepared, executed, recorded, and certified by the president of the association of each of the preexisting
common interest communities following approval by owners of units to which are allocated the percentage of votes in each common
interest community required to terminate that common interest community. The agreement must be recorded in every county in which a
portion of the common interest community is located and is not effective until recorded.
(c) Every merger or consolidation agreement must provide for the reallocation of the allocated interests in the new association among
the units of the resultant common interest community either:
(i) By stating the reallocations or the formulas upon which they are based or

(ii) By stating the percentage of overall allocated interests of the new common interest community which are allocated to all of the
units comprising each of the preexisting common interest communities, and providing that the portion of the percentages allocated to
each unit formerly comprising a part of the pre-existing common interest community must be equal to the percentages of allocated
interests allocated to that unit by the declaration of the preexisting common interest community.

‹ Prev All Delaware sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.