2026-09-02 · Delaware · Legislation

The single most useful fact about Delaware community association law in 2026 is a negative one, and it is verifiable rather than inferred. The 153rd General Assembly sat for two years, adjourned on June 30, 2026, and amended none of the three statutes that govern Delaware common interest communities.

Delaware session laws for the 153rd General Assembly are numbered in Volume 85, so every 2025 and 2026 amendment carries an “85 Del. Laws” citation. The Delaware Code prints those citations in the history note under each section. Here is what those notes show:

• 25 Del. C. ch. 81 — the Delaware Uniform Common Interest Ownership Act. Most recent amendment: 83 Del. Laws c. 173, from the 151st General Assembly. No 84 or 85 citation appears anywhere in subchapters I through IV.¹
• 25 Del. C. ch. 22 — the Unit Property Act. Most recent: 84 Del. Laws c. 42, from the 152nd. No 85 citation.²
• 29 Del. C. ch. 25, subch. IV — the Common Interest Community Ombudsperson Act. Most recent: 82 Del. Laws c. 219 and 84 Del. Laws c. 255. No 85 citation.³

Why this is a reliable negative and not a lag

The obvious objection is that the code simply has not caught up. It has. The same Delaware Code pages already carry 85 Del. Laws c. 358 at 25 Del. C. § 7052A and 85 Del. Laws c. 436 at §§ 5716A and 7016 — both from the 2026 session, one signed as late as August 18, 2026.

The code is current through the session. The absence is real.

1. 25 Del. C. ch. 81, subch. I — DUCIOA general provisions; history notes show no 85 Del. Laws citation (most recent: 83 Del. Laws c. 173) ↩
2. 25 Del. C. ch. 22 — Unit Property Act; history notes show no 85 Del. Laws citation (most recent: 84 Del. Laws c. 42) ↩
3. 29 Del. C. ch. 25, subch. IV — Common Interest Community Ombudsperson Act; no 85 Del. Laws citation ↩
4. 25 Del. C. ch. 70, subch. VI — carries 85 Del. Laws c. 358, confirming the Code is current through the 2026 session ↩