If you’ve lived in Delaware long enough, you’ve probably heard the phrase “Lower Slower Delaware.”
While the nickname is most often reserved for Sussex County, it also captures something many Delawareans appreciate about our state: we don’t tend to rush into things.
Unlike neighboring Maryland, where community association laws seem to arrive with the regularity of Amazon deliveries, Delaware has traditionally taken a more measured approach to governance changes of all kinds.
Which is why it was interesting to see two community association bills introduced during the final weeks of this year’s legislative session. While neither appears likely to advance before the legislature adjourns, they offer a glimpse into the issues policymakers may be focused on in the years ahead.
First Up: Reserve Studies Get Serious
Senate Bill 352 would establish building condition assessment requirements, structural and façade inspections for certain buildings, and enhanced reserve study and reserve funding requirements tied directly to CAI Reserve Study Standards.
The tragic Champlain Towers South collapse in Surfside, Florida has caused most states to enact stronger requirements for reserve studies and their funding.
In practical terms, the bill would place more emphasis on understanding the condition of association-owned components and ensuring communities are adequately planning and funding for future repairs.
“We’ll deal with it when it breaks” may no longer qualify as a reserve funding strategy.
Meanwhile, the Ombudsperson May Get Reinforcements
House Bill 469 takes a different approach.
The legislation would add three Deputy Ombudsperson positions—one in each Delaware county—and create a dedicated fund to support the Ombudsperson’s office through appropriations, grants, and service-related fees.
The goal is to expand resources available to homeowners, boards, managers, and communities seeking education, guidance, complaint resolution, and dispute assistance.
Think of it as giving the Ombudsperson’s office a few extra hands to answer the phone.
So What Happens Now?
Probably not much.
Industry advocates have indicated that SB 352 is unlikely to move before adjournment and will likely be revisited during the 2027 legislative session. Similar monitoring is underway for HB 469, although no position has been recommended on the legislation at this time.
But that doesn’t mean associations should ignore these proposals.
If anything, these bills tell us where future conversations may be headed: building safety, reserve funding, owner protections, dispute resolution, and increased oversight of community association operations. [HB469 Ombudsperson | PDF], [SB352 | PDF]
Either Way, We’re On It!
You can Be Sure we’re tracking all relevant legislation for Delaware and beyond, and we’ll keep you up to date.
In the meantime, if you have questions about insurance, reach out to our friendly experts. Call or text 410-213-5600 today.
