2016 Delaware Code
Title 29 - State Government
CHAPTER 25. STATE DEPARTMENT OF JUSTICE
Subchapter IV Common Interest Community Ombudsperson
§ 2546. Common Interest Community Advisory Council.

(a) There is established the Common Interest Community Advisory Council ("Council"), which shall consist of the following members:

(1) Three members of the public who are members of the executive board of a common interest community, 1 from each county, appointed by the Governor;

(2) The Mayor of the City of Wilmington or a designee appointed by the Mayor;

(3) The County Executive of New Castle County or a designee appointed by the County Executive;

(4) The President of the Kent County Levy Court or a designee appointed by the President;

(5) The President of the Sussex County Council or a designee appointed by the President;

(6) Three members appointed by the Speaker of the House;

(7) Three members appointed by the President pro tempore of the Senate;

(8) The Secretary of State or a designee appointed by the Secretary of State;

(9) Two members from the Real Property Section of the Delaware State Bar Association whose practice involves the creation of, or the handling of disputes arising from, common interest communities, appointed by the President of the Delaware State Bar Association;

(10) The President of the Home Builders Association of Delaware or a designee appointed by the President;

(11) The Chief Executive Officer of Community Associations Institute or a designee appointed by the Chief Executive Officer.

(b) The members of the Council shall serve until a replacement is appointed pursuant to the same process as the member's appointment.

(c) The members of the Council shall serve without compensation, except that they may be reimbursed for reasonable necessary expenses incident to their duties as members in accordance with State law.

(d) The Chairperson of the Council shall be designated by the Attorney General from among the members of the Council.

(e) The powers of the Council shall be exercised by a majority vote of all members present. A quorum of 9 shall be necessary to hold a meeting of the Council.

(f) The Council shall:

(1) Advise the Ombudsperson regarding issues related to common interest communities, including:

a. Mechanisms to increase the collection rate for common interest community assessments;

b. The development of conflict resolution procedures within common interest communities;

c. The feasibility of mandatory mediation, arbitration, or other forms of alternative dispute resolution for disputes not able to be resolved within common interest communities and, if deemed feasible, how to implement such a process;

d. The development of mechanisms for the registration of common interest communities with the State or other political subdivision;

e. Any other topic the Council deems necessary to advise the Ombudsperson on related to common interest communities.

(2) Advise the Ombudsperson in the operation of the Office.

(3) Study and recommend to the Ombudsperson the adoption, amendment, or rescission of Delaware law or rules of court procedure designed to improve the regulation and operation of common interest communities.

(4) Assist the Ombudsperson in the preparation of the annual report required of the Ombudsperson by § 2544(16) of this title.

(g) The Ombudsperson shall provide support as requested by the Council. At a minimum, the Ombudsperson shall prepare the agenda for and minutes of meetings and shall post the agenda and minutes as required by the Freedom of Information Act, Chapter 100 of this title.

(h) The Council shall meet at least 4 times each year. The Chairperson, the Ombudsperson, or a majority of the members may call a special meeting of the Council.

79 Del. Laws, c. 408, § 1; 70 Del. Laws, c. 186, § 1.;