BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend § 317, Title 25 of the Delaware Code by deleting § 317 in its entirety and by adding a new § 317 as follows:
“§ 317. Restriction on fee collection for community amenities by community developers and/or homeowner associations.
(a) A community developer, homeowner association, or other similar entity may not collect fees for an amenity that is not yet completed and available for residents’ use in a community development.
(b) If fees for amenities are not differentiated on an itemized basis, no fee may be collected until all amenities are completed and available for use by residents in a community development.
(c) The Attorney General may enforce a violation of this section as a violation of consumer law under Chapter 25 of Title 6.”.
Approved June 10, 2010