How to get a copy of your HOA bylaws: What to know about ordering documents

Can I request documents from my HOA?

Yes, in many Delaware common interest communities, owners have a right to review certain association records. Under the Delaware Uniform Common Interest Ownership Act (DUCIOA), owners and their authorized agents may review and copy required records if they make the request in good faith, for a proper purpose, and give five days’ written notice.
 

What are bylaws?

Your bylaws are the association’s operating rules, covering things like board structure, elections, HOA meeting procedures, and officer roles. Under DUCIOA, bylaws are treated as a formal, recorded governing document.
 

Where to find your HOA bylaws

1. Start with your HOA board or management company

   For most homeowners, this is the fastest and simplest option. Many associations keep a “governing documents” packet ready to share because these documents are requested often for day-to-day governance, lender questions, and owner inquiries. One of the benefits of hiring a property management company in Delaware is that homeowners typically have streamlined access to governing documents.
   
   FirstService Residential Connect™ makes this easier for homeowners and board members with secure access to community information, including posted association documents, notices, and records through an interactive community website and mobile options. It also streamlines communication with the management team, so document requests don’t get stuck in email back-and-forth.
    

2. Check your resale documents

   If you purchased a home in a Delaware HOA, you likely received the bylaws as part of the resale certificate and documents exchanged at closing. Under DUCIOA, the seller generally must provide the buyer with copies of the declaration, amendments, bylaws, and rules, along with a resale certificate containing required disclosures.
   
   That said, the version you received at closing may not be the most current if the association has amended or restated the bylaws since you purchased. It’s smart to request the latest version from the association or confirm whether any amendments were adopted after your closing date.
    

3. Check the Recorder of Deeds if you need the recorded version

   If you need the recorded bylaws, check the Recorder of Deeds for the county where the community is located. It can help to search by community name, developer/declarant name, and your property’s parcel/tax map reference.

Which Delaware laws apply to HOA documents

Delaware HOA laws explain how association records are maintained and requested. Most questions trace back to DUCIOA, including:

• 25 Del. C. Ch. 81 (DUCIOA): The main statute governing many Delaware common interest communities, including association powers and governance.
   
• 25 Del. C. § 81-318: The key records/inspection statute (what records must be kept, how owners request them, timing, limits, and fees).
   
• 25 Del. C. § 81-409: Resale/closing disclosures (what documents and information are provided in resale packages and the association’s role in providing required information).
   
• 25 Del. C. § 81-103: Definitions used in DUCIOA (including how certain governing documents are defined).

Can I request documents from my HOA if I’m not on the deed?

DUCIOA’s record access language is generally built around unit owners and their authorized agents (25 Del. C. § 81-318(b)). If you’re a spouse, family member, or tenant, the cleanest approach is to ask the owner to submit the request or to give you written authorization so the association can release records to you under the statute.
 

What does “proper purpose” mean?

A “proper purpose” means your request is reasonably related to your interests as a unit owner. Examples may include understanding governance rules, confirming architectural procedures, preparing for a vote, or verifying budget/assessment information.
 

What other documents can be reviewed?

DUCIOA lists categories of association records that must be kept and made available in 25 Del. C. § 81-318. Depending on the request, owners often ask for:

• Declaration / covenants: The recorded restrictions and assessment authority tied to the land
   
• Rules and regulations: Day-to-day rules the board adopts and updates
   
• Meeting minutes and actions: Board and member meeting records that show what was decided
   
• Budgets and financials: Budgets, financial statements, and supporting accounting records
   
• Insurance information: Proof of coverage maintained for the community
   
• Owner roster basics: Association membership list information, to the extent required/maintained
   
• Contracts and vendor documents: When relevant and kept as association records

Unorderable documents

DUCIOA allows associations to withhold specific categories of information under 25 Del. C. § 81-318(c)-(d). Common examples include:

• Personnel matters relating to specific persons or a person’s medical records
   
• Contracts, leases, and other commercial transactions to purchase or provide goods or services, currently in or under negotiation
   
• Pending or threatened litigation, arbitration, mediation or other administrative proceedings
   
• Matters involving federal, state or local administrative or other formal proceedings before a government tribunal for enforcement of the declaration, bylaws or rules
   
• Communications with legal counsel which are otherwise protected by the attorney-client privilege or the attorney work product doctrine
   
• Disclosure of information in violation of law
   
• Meeting minutes or other confidential records of an executive session of the executive board
   
• Individual unit owner files other than those of the requesting owner
   
• An attorney’s files and records relating to the association

How much does it cost to get a copy of HOA bylaws?

DUCIOA generally allows the association to charge the unit owner for converting records into written form, permitting inspection, and providing copies of records, but the fee can’t exceed the actual cost of the materials and labor for the association. If you want a cost estimate before proceeding, ask for it in your request.
 

What if the HOA says “no” or goes quiet?

If you believe your request fits DUCIOA’s process (written notice, proper purpose, etc.), ask your board or manager what specific part of the request is being denied and why. Sometimes the issue is narrow (like redacting personal data) and can be fixed by re-scoping the request.
 

About FirstService Residential

As North America’s leading property management company, FirstService Residential serves Delaware communities with local expertise backed by national resources. Our teams support board members with meetings, recordkeeping, financial management, banking and insurance programs, resident communication, and 24/7 customer care teams. This way, board members can focus on long-term goals instead of day-to-day administration.

With over 25 years of experience across the state, we help HOAs, condo associations, high-rises, and master-planned communities operate smoothly and meet their goals with confidence.

To learn how we can support your association, contact our Delaware team today.
  This information is provided for general informational purposes only and is not intended to constitute, and should not be relied upon as, legal, regulatory, financial, or operational advice, or as a representation or guarantee of any specific services, capabilities, or outcomes. Property management needs, regulatory requirements, market conditions, and available services vary by jurisdiction, property type, and community. FirstService Residential provides services through locally based affiliates and associates, and services and results may vary by community, region, contractual terms, and applicable law.