Our initial scan found 3 potential issues in your governing documents.
We checked the 1 public PDF on Plantation Lakes HOA’s website against current Delaware and federal HOA law—and more issues may exist depending on the documents you load.
✓Association Bylaws+ Add up to 10 PDFs in Full Analysis
Association Bylaws · Article III, Section 3.3 · Page 1
Omission of Mandatory Phased Transition of Unit-Owner-Elected Directors and Excessive 95% Declarant Control Threshold
Operative Clause · Article III, Section 3.3 (Page 1)
“Declarant Control and Appointment of Directors — The Declarant shall be entitled to appoint and remove all members of the Board of Directors until the date on which ninety-five percent (95%) of all Lots…”
Why It’s Flagged
25 Del. C. § 81-303(d)-(e)
Under DUCIOA, 25 Del. C. § 81-303(d) and (e), declarant control terminates no later than 60 days after conveyance of 75% of the units that may be created, and before that termination, unit owners other than the declarant must be permitted to elect at least 25% of the executive board after 25% of the units are conveyed and at least 33-1/3% after 50% of the units are conveyed.
Sample Discussion Wording for HOA Counsel
For Board & Counsel Review
Amend Article III, Section 3.3 to conform with 25 Del. C. § 81-303(d)-(e) prior to board adoption..
REMAINING INITIAL FINDINGS & FULL DOCUMENT SET
2 Additional Issues Flagged in Initial Scan
Unlock exact page coordinates, statutory citations, and counsel discussion notes for all 2 remaining issues—plus load up to 10 PDFs for complete review.
Need to pass an amendment or run your next board election with immutable proof?
Works alongside Vantaca, AppFolio, CINC, or TownSq to cut manager election time by 98% (30 hours down to 31 minutes) with 80% median turnout increase and sealed, self-proving ballots.
