Every 5 years

Delaware HOA reserve study requirements (2026)

Condo/co-op reserve line item required; reserve study must be current within 5 years or minimum funding percentages apply.

Governing statute

Delaware Uniform Common Interest Ownership Act § 81-315 — Repair and Replacement Reserve

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Quick facts

Governing statute

DUCIOA § 81-315 (§ 81-103, § 81-205(a)(14))

Reserve line item

Required for condos and cooperatives

Reserve study currency

Performed or updated within the last 5 years

Minimum funding absent a current study

15% / 10% / 5% of budget, by system count

Owner waiver

No statutory waiver provision

What the law actually requires

Delaware's Uniform Common Interest Ownership Act (DUCIOA, 25 Del. C. ch. 81) requires, under § 81-315(a)(2), that for a condominium or cooperative the annual budget include as a line item a payment into the repair and replacement reserve sufficient to achieve the funding level shown in the reserve study, or to maintain the reserve at that level.

Under § 81-103, a reserve study is an analysis by one or more independent engineering, architectural, or construction contractors or other qualified persons, performed or updated within the last 5 years. If the association does not have a current reserve study, § 81-315(a)(2) sets minimum percentages of the annual budget that must go to the repair and replacement reserve: 15% where the association is responsible for 4 or more of the listed systems and components, 10% for 3, and 5% for 2 or fewer.

For condominiums and cooperatives created under the Act, § 81-205(a)(14) requires the declaration to mandate that the association create and maintain a fully funded repair and replacement reserve based on a current reserve study. Under § 81-119, § 81-315 itself applies to common interest communities created both before and after the Act's effective date.

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How ReserveDeck handles Delaware

When a property's compliance jurisdiction is set to Delaware, ReserveDeck's report prints the DUCIOA § 81-315 requirements described above on its Disclosures page and states the study cycle in the cover letter. The reserve math is the same in every state.

ReserveDeck does not reproduce a state's statutory disclosure form; it provides the reserve figures a board needs to complete one (reserve requirement, percent funded, multi-year projections, and the funding plans).

Built-in Delaware compliance.

Select DUCIOA § 81-315 from the Compliance Jurisdiction dropdown and ReserveDeck's PDF builder produces the right disclosure format automatically. Engine math is identical across jurisdictions — only the deliverable changes.

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Frequently asked questions — Delaware

What does Delaware require for the reserve line item?

Under DUCIOA § 81-315(a)(2), a condominium or cooperative's annual budget must include a line item payment into the repair and replacement reserve sufficient to achieve, or maintain, the funding level shown in the association's reserve study.

What happens if a Delaware association doesn't have a current reserve study?

§ 81-103 defines a current reserve study as one performed or updated within the last 5 years. Without one, § 81-315(a)(2) sets a minimum percentage of the annual budget for the repair and replacement reserve: 15% if the association is responsible for 4 or more of the listed systems and components, 10% for 3, and 5% for 2 or fewer.

Does DUCIOA apply to all Delaware condos and HOAs?

§ 81-315 applies to common interest communities created both before and after the Act's effective date (§ 81-119). § 81-205(a)(14)'s declaration mandate — a fully funded reserve based on a current study — applies to condominiums and cooperatives created under the Act.

Are Delaware reserves waivable by owners?

DUCIOA contains no provision letting owners waive the § 81-315(a)(2) reserve line item or the minimum funding percentages that apply when the association has no current reserve study.