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Current as of January 01, 2026 | Updated by Findlaw Staff
(a) If water, sewer, or septic supplied by or gas or electric distributed by the community owner fails or is not supplied safely, or if a community owner receives an official notice of an unsafe condition, the community owner must fix the problem within 10 days or do all of the following:
(1) Provide written documentation that there has been meaningful effort to fix the issue within 10 days.
(2) Provide a written detailed explanation of efforts taken and the specific reasons why the issue was unable to be resolved within the 10-day period, including the anticipated resolution date of the issue, to all of the following:
a. Every affected resident in the community.
b. To any homeowners' association for residents of the community, if 1 exists.
c. DEMHRA.
d. DMHOA.
e. The Attorney General.
(3) Provide a surety bond to DEMHRA that complies with the following.
a. Is payable to DEMHRA.
b. In an amount equal or greater to 150% of the estimated cost to fix the issue.
(4) Every 30 days, until the repair is completed, provide written updates to all of the same recipients as paragraph (a)(2) of this section.
(b) If a receivership is granted under §§ 7061 through 7067 of this title, the receiver may utilize the full amount of the bond required under this section to complete any work necessary related to this section or related to any basis for which the receivership is granted.
(c) If the unsafe condition is water supplied by the community owner, in addition to complying with subsection (a) of this section, the must do either of the following:
(1) Supply all residents with potable or bottled water until the problem is resolved.
(2) Otherwise, following 48 hours from when the unsafe condition is identified, provide alternative suitable housing to affected tenants until the problem is resolved.
(d) Upon fixing the unsafe condition, the community owner must send notice that the problem has been fully repaired to all of the following:
(1) Every affected resident in the community.
(2) Any homeowners' association for residents of the community, if one exists.
(3) DEMHRA.
(4) DMHOA.
(5) The Attorney General.
(6) If an official notice of unsafe condition was issued related to the problem, to the agency or governmental authority that issued the notice.
Cite this article: FindLaw.com - Delaware Code Title 25. Property § 7020A. Health or safety violations - last updated January 01, 2026 | https://codes.findlaw.com/de/title-25-property/de-code-sect-25-7020a/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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