Delaware Department of Justice
Attorney General Kathy Jennings

Services Available Through the Office of the Ombudsperson

The Ombudsperson has the following powers and duties:

• Assist members of the Common Interest Community to understand their rights and responsibilities and the processes available to them according to the law, regulations, and documents governing their particular common interest community.However, the Office of the Ombudsperson cannot provide legal advice, or legal interpretation. The Office can only provide general, nonbinding explanations of laws, and the types of documents and regulations that govern common interest communities. The Ombudsperson may not act as your attorney in a legal action brought by you or any other person.The Ombudsperson is not a substitute for a private attorney representing a person’s or organization’s particular interests.
• Prepare, publish and make available on request, educational and reference material about common interest communities, in print and on the Ombudsperson’s website.
  • Links and printable archives are available for the following laws:
    • The Common Interest Community Ombudsperson Act | Printable version
    • The Delaware Uniform Common Interest Ownership Act (the “DUCIOA”) |Printable version
    • The Unit Property Act | Printable version
    • Other statutes affecting Common Interest Communities (25 Del. C. § 317-318) | Printable version
    • 10 Del. C. § 348, authorizing Chancery Court to offer mediation of disputes concerning deed restrictions | Printable version
• Organize and conduct educational meetings for community members about their rights and responsibilities, and the processes available to them, according to the law, regulations and documents governing their community. Use the Contact/Complaint form to schedule an educational meeting.
• Provide a template of reasonable procedures for community associations to use internally to resolve complaints with unit owners and other interested parties. The Act requires community associations to have an internal dispute resolution (IDR) process or to use the Ombudsperson’s IDR process.
• Review the denial of a complaint that was first submitted to an internal dispute resolution process. The Ombudsperson will review a complaint: to determine compliance with law; for investigation in an appropriate case; and if appropriate, offer meetings, conciliation, mediation or other forms of alternative dispute resolution.
• Investigate and refer meritorious allegations of violations of existing law to other sections of the Attorney General’s Office or another appropriate law enforcement agency.
• Provide alternative dispute resolution (ADR) such as meetings or conciliation, mediation, or arbitration, to members of the common interest community before or after first using the informal complaint procedure. ADR can proceed only with the consent of all parties.
• Develop and publicize fair elections procedures to elect members and officers of Community Associations.
• Provide election services such as election monitors and vote counting (fee required).