HOA ARC Files Access and Amendment Effectivity in Delaware

Typically, HOAs are required to provide homeowners with access to documents. Whether ARC request files fall under this category can depend on the specific policies and regulations of the HOA. However, Section 81-318 of the Delaware Uniform Common Interest Ownership Act does not expressly include ARC requests as part of the documents that an HOA is obligated or not obligated to provide. The argument can be made, though, that these files fall under subsection(c)(8) of records kept by an association that may be withheld from inspection and copying: “Individual unit owner files other than those of the requesting owner.” It is best to review your CC&Rs and bylaws for guidance.

As for charging a fee for ARC reviews, the HOA board may do so, provided the governing documents grant the authority. If the HOA board amends its declaration to include this fee and does not record the amendment with the county, it is not effective. This is exemplified by Section 81-217 of the Delaware Uniform Common Interest Ownership Act, which states:

“Every amendment to the declaration must be recorded in every county in which any portion of the common interest community is located and is effective only upon recordation. An amendment, except an amendment pursuant to § 81-212(a) of this title, must be indexed in the grantee’s index in the name of the common interest community and the association and in the grantor’s index in the name of the parties executing the amendment.”