25 Del. C. ch. 70 § 7029
Right of first offer; response required by homeowner association
Operative Text
(a) A homeowner association must respond in writing to the notice of a right of first offer and send the response by overnight service with signature receipt to the community owner or the community owner’s agent or attorney within 30 calendar days from the date of the mailing of the notice sent by the community owner to the association or to the Authority. The homeowner association’s response must clearly indicate 1 of the following: (1) The members of the association intend to accept the purchase price and any special conditions material to the transaction for the sale, transfer, or conveyance of the community, as described in the notice of right of first offer. (2) The members of the association do not accept the price and any special conditions material to the transaction for the sale, transfer, or conveyance of the community, as described in the notice of right of first offer, but that they intend to offer to purchase the community at an alternative price. (3) The members of the association have no interest in purchasing the community and that they do not intend to proceed any further in the transaction, or, if the members of the association do not respond, they shall be deemed to have notified the community owner that they have no interest in purchasing the community. (b) If the homeowners association does not respond in material compliance with this section, such failure to respond shall be deemed to serve as notice to the community owner that the homeowners association does not wish to purchase the community. (c) If the homeowner association responds that it has no interest in purchasing the community, or fails to respond under § 7029, § 7030, § 7031, or § 7032 of this title, the community owner shall file an affidavit of compliance under § 7036 of this title. (d) Failure of the homeowner association to accept the price and any special conditions material to the transaction for the sale, transfer, or conveyance of the community as stated in the notice of right of first offer; to state an alternative price under § 7030 of this title; or to respond under § 7032 of this title, eliminates the right of the homeowner association to purchase the community during the remainder of the 12-month period that commenced on the date of the community owner’s notice of intention to sell, transfer, or convey all or part of the community. (e) A homeowner association may transfer or assign a right of first offer only to an organization formed or controlled by the homeowners to assist only in the purchase and operation of the community. Therefore, other than the preceding condition in this subsection, a right of first offer is neither transferable nor assignable.
Under 25 Del. C. ch. 70 § 7029, when a community owner notifies a homeowner association of a right of first offer to purchase a manufactured-home community, the association must respond in writing within 30 calendar days via overnight delivery with signature receipt. The response must clearly state whether members accept the offered terms, propose an alternative price, or decline to purchase. Failing to respond or declining forfeits the association's right to purchase the community for the remainder of the 12-month notice period.
Plain English — not legal advice.
Under § 7029, community owners should send the right-of-first-offer notice by a method that creates a clear record of the mailing date, since the association's 30-day response window begins from that date. If the association fails to respond in material compliance, or declines to purchase, operators generally file an affidavit of compliance under § 7036 before proceeding with any sale. Keeping copies of all correspondence and delivery confirmations supports a clean compliance record.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 7029 gives homeowner associations a structured opportunity to purchase their community before an outside sale proceeds, protecting residents' long-term housing stability. If an association believes a community owner failed to properly provide the right-of-first-offer notice required by § 7029, residents may raise that failure as a potential defense or ground for complaint. Tenant-rights organizations and legal aid groups familiar with Delaware manufactured-home community law can help residents understand what options may be available.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
Rules and statutes cited by this regulation
References In
Rules and statutes that cite this regulation