Why these condo owners want state ombudsman monitoring their HOA board election

A group of Le Parc Condominium owners wants Delaware’s common interest community ombudsman to monitor the complex's upcoming board election, fearing the homeowners association board will block residents from voting.

Condo owners said that during a recent Le Parc Homeowners Association board meeting, residents were told that only owners who are up to date on condo association dues and assessments are eligible to vote in the Nov. 28 HOA election.

The over 30-year-old condo complex has dealt with decades of structural defects and water damage, prompting the HOA to regularly raise assessments and fees and pursue other repercussions against unit owners to secure financing and pay for the repairs.

These actions have put the volunteer board at odds with other residents – who in turn refuse to pay the increased charges – and prolonged a stalemate between the association and owners on permanently addressing the issues plaguing Le Parc.

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It’s this ongoing conflict between some owners and the HOA that warrants third-party monitoring of the election, said J.D. Dancer, who purchased a Le Parc unit in 2021.

Le Parc HOA board president Dan Edgar did not respond to an email request for comment.

Why condo owners want election monitored

HOAs are run by community residents elected by the owners to oversee the management and maintenance of the common elements.

While often unpaid, volunteer positions, the board members have the power to adopt annual budgets, hire property managers and contractors, amend the rules of a community, impose assessments and fees for the operation and maintenance of the community, and revoke residents’ common elements access for failure to pay assessments, among others.

Dancer said the Le Parc HOA has provided incorrect information to unit owners before.

“This time I’m thinking, there is a large percent of owners behind on condo dues,” he said. “How are you going to get 80% if 40% can’t vote? It’s clear to me that they are playing games.”

In order to secure a loan to finance the construction and repairs needed to the deteriorating buildings, the HOA has said they need to show at least 80% of owners up-to-date on assessments. To prompt people to pay, board members have towed people’s cars, but the strategy has only created a deeper divide among residents.

Condo owners have also claimed there have been improper elections in the past.

Can Le Parc prohibit scofflaws from voting?

Governing documents for the condo complex on Governor Printz Boulevard may allow the HOA to prohibit unit owners from voting in association elections if they aren’t up-to-date on assessments, but more recently enacted state laws do not.

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The Delaware Uniform Common Interest Ownership Act (DUCIOA), codified in 2009, gives HOAs the authority to suspend unit owners’ privileges for nonpayment of assessments, “other than the right of a unit owner to vote on any matter submitted to a vote of unit owners.”

But for Le Parc, those laws may not matter.

While the Delaware act outlines in greater detail and specificity the obligations and authority of common interest communities, it only applies in part to Le Parc residents since the HOA was created prior to the legislation taking effect.

Delaware’s common interest community ombudsman Chris Curtin could not say whether Le Parc’s governing documents take precedence over the Delaware Uniform Common Interest Ownership Act, but the office can provide election services to the condo complex.

When ombudsman monitors HOA elections

Curtin said the ombudsman’s election services are not limited by the Delaware Uniform Common Interest Ownership Act.

If a community wants the common interest community ombudsman to provide monitors and vote counting services, residents of the HOA must petition the state office for those services.

A community must gather signatures of at least 15% of the “total voting interests” in an HOA, or 6 unit owners, whichever is greater, according to the ombudsman.

Le Parc Condominiums consists of three, four-story buildings with 76 units. In order for the North Wilmington condo complex to prompt the ombudsman to step in, about 12 people will need to sign the petition.

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The election monitoring comes at a cost. While the fees are subject to change, the latest estimates peg Delaware Department of Justice staff volunteers at $25 per hour per person and the ombudsman’s time at $55 per hour.

Dancer said he’s gotten six signatures so far.

Got a tip? Contact Amanda Fries at afries@delawareonline.com, or call or text at 302-598-5507. Follow her on X at @mandy_fries.

This article originally appeared on Delaware News Journal: Le Parc residents look to Delaware for HOA board election monitoring