25 Del. C. ch. 70 § 7041

(a) The Authority shall be administered by a board of directors (“Board”) as follows:

(1) Five voting members as follows:

a. One member who is appointed by the Governor from a list of at least 2 nominees submitted by the largest not-for-profit association representing manufactured homeowners in the State.

b. One member who is appointed by the Governor from a list of at least 2 nominees submitted by the largest not-for-profit association representing the manufactured home industry in this State.

c. One member who is appointed by the Governor from the public-at-large.

d. One member, who is not a landlord, community owner, homeowner, or tenant, who is appointed by the Speaker of the House of Representatives.

e. One member, who is not a landlord, community owner, homeowner, or tenant, who is appointed by the President Pro Tempore of the Senate.

(2) One nonvoting member, who is not a landlord, community owner, homeowner, or tenant, appointed by the Attorney General, as a representative of the Consumer Protection Unit of the Department of Justice.

(3) All Board members shall be residents of the State and serve at the pleasure of the authority that appointed such member.

(4) The terms of the members shall be staggered so that no more than 2 members’ terms end at the same time. The first 2 appointees shall serve for a term of 1 year, the next 2 appointees shall serve for a term of 2 years, and the remaining 1 appointee shall serve for a term of 3 years. Thereafter, all appointees shall serve for a term of 2 years; provided, however, that a member may be appointed for a term of less than 2 years to ensure that the Board members’ terms expire on a staggered basis. The term for any member of the Board may subsequently be renewed for an additional term or additional terms.

(5) The Governor shall designate 1 member of the Board as the chairperson of the Board.

(b) (1) The Board may employ or retain such persons as are reasonable and necessary to perform the administrative and financial transactions and responsibilities of the Authority and to perform other necessary and proper functions not prohibited by law. Except as provided under paragraph (b)(2)b. of this section, the Authority is responsible for all direct and indirect costs for its operations under § 7042 of this title, including receipts and disbursements, personnel, rental of facilities, and reimbursement to other state agencies for services provided and, therefore, must be fiscally revenue-neutral.

(2) a. Members of the Board may be reimbursed from moneys of the Authority for actual and necessary expenses incurred by them as members.

b. The Authority must pay each voting member of the Board $100 for each board meeting the member attends from money appropriated by the General Assembly for this purpose.

(3) There is no civil liability on the part of, and no civil cause of action of any nature against, the Authority, an agent or employee of the Authority, Board, or a member of the Board for any act or omission in the performance of powers and duties under this subchapter unless the act or omission complained of was done in bad faith or with gross or wanton negligence.

(4) Meetings of the Board are subject to the provisions of the Freedom of Information Act, Chapter 100 of Title 29. All meetings must be conducted at a central location in the State, unless agreed to for a given meeting by at least 3 of the 5 board members.

(c) The Board shall do all of the following:

(1) Adopt a plan of operation and articles, bylaws, and operating rules.

(2) Establish procedures under which applicants for payments from the Authority may be approved.

(3) With the affirmative vote of at least 3 of the 5 members of the Board, authorize any of the following regarding the Trust Fund under § 7042 of this title:

a. Payments.

b. Adjust, eliminate, or reinstate the Trust Fund assessment.

c. Adjust, eliminate, or reinstate the cap on the Trust Fund.

(4) Facilitate the initial meeting between the homeowners and landowner and select an arbitrator under § 7053 of this title.

(d) The Authority and its board of directors may sue or be sued and may borrow from private finance sources and issue notes or vouchers in order to meet the objectives of the Authority and those of the Trust Fund established under § 7042 of this title.