HOA Litigations

This area of litigation is currently a hot area for dispute. As Sussex County grows, the people coming into Sussex County change. Most of the cases I handle are for the homeowner who faces a homeowners’ association bully. Many HOAs are run by people who either have a hidden agenda or just like the power. This results in dispute and often litigation. In a recent case, and for the first time in Delaware, Mr. Campbell was successful in filing a case which will ultimately hold the individual board members liable for their bullying tactics. The past twenty (20) years have brought about a lot of changes in the area of homeowner association disputes. In 2009, the Delaware Legislature passed the Delaware Uniform Common Interest Ownership Act" or "DUCIOA". Its mandate applies, in some degree, to pre-existing subdivisions and condominiums. Additionally, disputes between homeowners and homeowner associations have long been a hotbed of litigation in the Court of Chancery.