CHAPTER 195

AN ACT TO AMEND CHAPTER 22, TITLE 25, DELAWARE CODE, KNOWN AS THE "UNITY PROPERTY ACT" BY PROVIDING THAT UNIT PROPERTIES WITHIN THE MEANING OF THE ACT, MAY BE CONSTRUCTED ON LAND HELD UNDER A LEASE AND BY PROVIDING THAT UNIT OWNERS MAY SERVE AS MEMBERS OF THE "COUNCIL."

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Sub-paragraph 6, Section 2202, Title 25, Delaware Code of 1953, as amended, is hereby further amended by deleting the same in its entirety, and by adding in lieu thereof the following:

(6) "Declaration" means the instrument by which the owner in fee simple, or lessee of the property submits it to the provisions of this chapter as hereinafter provided and all amendments thereof.

Section 2. Sub-paragraph 10, Section 2202, Title 25, Delaware Code, is hereby amended by deleting the same in its entirety, and by adding in lieu thereof the following:

(10) "Property" means and includes the land, the building, all improvements thereon, all owned either in fee simple or under lease, and all easements, rights and appurtenances belonging thereto which have been or are intended to be submitted to the provisions of this chapter.

Section 3. Sub-paragraph 16, Section 2202, Title 25, Delaware Code, is hereby amended by deleting the same in its entirety, and by adding in lieu thereof the following:

(16) "Unit Owner" means the person or persons owning a unit.

lieu thereof the following:

This chapter shall be applicable only to real property, the sole owner, or all the owners, or the lessee, or all the lessees of which submit the same to the provisions hereof by a duly recorded declaration.

Section 5. There shall be added to Title 25, Chapter 22, Delaware Code of 1953, as amended, a new section, numbered 2242, as follows:

Section 2242. Ownership of Land. Nothing in this chapter shall be construed to prevent the construction of Unit Properties, as defined herein, upon land held under a lease by the developer of the unit property provided that the declaration required under Sec. 2219 of this chapter shall be signed not only by the lessee but also by the lessor of the land who holds legal title to the land in fee simple.

Section 6. Sub-paragraph 5, Section 2202, Title 25, Delaware Code of 1953, as amended, is hereby amended by deleting the same in its entirety and adding in lieu thereof the following:

(5) "Council" means a board of natural individuals of the number stated in the code of regulations all of whom shall be either residents of this state or unit owners as defined herein, but need not be both, and who shall manage the business operation and affairs of the property on behalf of the unit owners and in compliance with and subject to the provisions of this chapter.

Approved December 28, 1967.