Delaware Reserve Study Requirements (2026)

Delaware's Uniform Common Interest Ownership Act expects condominiums and cooperatives to have a current reserve study, defined as one performed or updated within the last 5 years. Budgets must fund the repair and replacement reserve at the level the study calls for, with minimum percentages of 5, 10 or 15 percent set by statute. Condominiums and cooperatives with no more than 20 units are largely outside the act unless they opt in, and planned communities are not covered by the reserve study text.

Last verified October 12, 2026 by ReservePath research.

Provided for convenience only. This is a summary, not legal advice, and it must not be used to make legal or compliance decisions. Laws change and details vary. Verify Delaware's current requirements in the statute itself and with your association's attorney before you act.

Delaware at a glance

Reserve study required For some associations
Applies to Condominiums, Cooperatives
How often Every 5 years
Site inspection required No statewide rule found

Who must have a reserve study

For condominiums and cooperatives, the Delaware Uniform Common Interest Ownership Act refers to a current reserve study "as required by this chapter" and defines a reserve study as one performed or updated within the last 5 years [25 Del. C. 81-103(40), 81-315(a)(2)]. We did not find a separate sentence that orders an association to obtain a study. A condominium or cooperative with no more than 20 units is outside most of the act unless its declaration opts in [25 Del. C. 81-117]. The older Unit Property Act uses the same 5 year definition for condominiums it governs [25 Del. C. 2202(17)]. (see sources)

Site inspection

We found no statewide rule on this in the statutes listed under Sources.

Structural inspections

We found no statewide rule on this in the statutes listed under Sources.

Reserve funding

The annual budget of a condominium or cooperative must include a line item payment into the repair and replacement reserve that reaches or keeps the funding level in the reserve study. The act also sets a minimum share of the budget for that reserve: 15 percent if the board maintains 4 or more of the listed components, 10 percent for 3, and 5 percent for 2 or fewer. The same minimums apply if there is no current study [25 Del. C. 81-315(a)(2)]. The proposed budget must show a line item for any required reserve funding [25 Del. C. 81-324(a)]. The Unit Property Act has the same minimum percentages for condominiums it governs [25 Del. C. 2244]. (see sources)

Disclosure

A resale certificate for a condominium or cooperative must include the current balance of the repair and replacement reserve and a copy of the most recent reserve study (25 Del. C. 81-409). The public offering statement must state the amount in the budget for the repair and replacement reserve, or that there is none (25 Del. C. 81-403). The association must keep its most recent reserve study with its records (25 Del. C. 81-318). (see sources)

Who may prepare the study

The study must be an analysis by one or more independent engineering, architectural or construction contractors, or other qualified persons (25 Del. C. 81-103). (see sources)

What this means for boards

  • Find out whether the requirement applies to your association type, and when your next study is due.
  • Budget for the study and for any site inspection it must include.
  • Keep the study, the board's funding decision and the reasons for it on record.
  • Ask your association's attorney how the rules apply to your community.

What this means for reserve preparers

  • Confirm which statute governs the association before you scope the work: condominium, planned community and cooperative acts often differ.
  • Match the study level and site visit to what the statute requires.
  • Cite the statute in the report so the board can see what the study satisfies.

How ReservePath handles Delaware

ReservePath supports full studies, updates with a site visit and updates without one, 30-year funding projections, and study renewal reminders based on the cycle you set for each study. It includes in-app compliance guidance for each state as a starting point. The preparer and the association's attorney remain responsible for confirming what the law requires.

Frequently asked questions

Does Delaware require a reserve study?

For condominiums and cooperatives, the Delaware Uniform Common Interest Ownership Act refers to a current reserve study "as required by this chapter" and defines a reserve study as one performed or updated within the last 5 years [25 Del. C. 81-103(40), 81-315(a)(2)]. We did not find a separate sentence that orders an association to obtain a study. A condominium or cooperative with no more than 20 units is outside most of the act unless its declaration opts in [25 Del. C. 81-117]. The older Unit Property Act uses the same 5 year definition for condominiums it governs [25 Del. C. 2202(17)].

How often is a reserve study required in Delaware?

Every 5 years under the statutes listed on this page.

Who can prepare a reserve study in Delaware?

The study must be an analysis by one or more independent engineering, architectural or construction contractors, or other qualified persons (25 Del. C. 81-103).

Does Delaware require reserves to be funded?

The annual budget of a condominium or cooperative must include a line item payment into the repair and replacement reserve that reaches or keeps the funding level in the reserve study. The act also sets a minimum share of the budget for that reserve: 15 percent if the board maintains 4 or more of the listed components, 10 percent for 3, and 5 percent for 2 or fewer. The same minimums apply if there is no current study [25 Del. C. 81-315(a)(2)]. The proposed budget must show a line item for any required reserve funding [25 Del. C. 81-324(a)]. The Unit Property Act has the same minimum percentages for condominiums it governs [25 Del. C. 2244].

What reserve information must be disclosed in Delaware?

A resale certificate for a condominium or cooperative must include the current balance of the repair and replacement reserve and a copy of the most recent reserve study (25 Del. C. 81-409). The public offering statement must state the amount in the budget for the repair and replacement reserve, or that there is none (25 Del. C. 81-403). The association must keep its most recent reserve study with its records (25 Del. C. 81-318).

Sources

Provided for convenience only. This is a summary, not legal advice, and it must not be used to make legal or compliance decisions. Laws change and details vary. Verify Delaware's current requirements in the statute itself and with your association's attorney before you act.

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