Whispering Woods (DE)

Key facts from Whispering Woods (DE)'s documents

Reflects the 2023 governing documents — figures and rules are as originally recorded and may have changed since.

Community type

HOA (community association) (Bylaws Article I, Section 1.1 (community)

Units / lots

Maximum 178 residential dwelling lots (Declaration Article III, Section 3.1(t))

Developer / declarant

Whispering Woods Homes LLC (Bylaws Recital A; Declaration Recital A)

Governing law

Delaware Uniform Common Interest Ownership Act (DUCIOA), 25 Del. C. § 81-101 et seq. (Declaration Article III, Section 3.1(p))

Age restriction

Yes, active-adult community compliant with Fair Housing Act (42 U.S.C. 3601 et seq.). 80% occupancy needing at least one resident 55+; no permanent residents under 18. (Declaration Article IV, Section 4.1(a) ()

Assessments & dues

Board determines and collects annual and special assessments; adopts annual budget per 25 Del. C. § 81-324. (Bylaws Article VII, Sections 7.11(k), 7.)

Special assessments

Board may levy special assessment in its sole discretion if budget insufficient or in emergencies, in accordance with 25 Del. C. § 81-324. (Bylaws Article VII, Section 7.12(l))

Collections & liens

Board may sell any Dwelling it purchases at a sheriff's sale without member approval. Board may collect delinquent assessments with costs and attorney's fees by suit or other means. (Bylaws Article VII, Sections 7.11(h), 7.)

Reserves & fees

Board has duty to maintain reserve funds to the extent required by and in accordance with the Declaration. (Bylaws Article VII, Section 7.12(f))

Leasing & rentals

Rental of Dwellings prohibited unless approved by Board. (Bylaws Article II, Section 2.1; Declarat)

Architectural approval

Architectural Review Committee (ARC) may be established by Board. Until then, Board exercises ARC powers. Owners must seek approval for architectural changes; denial can be appealed to Board within 20 days. (Bylaws Article IX, Section 9.2)

Home business

Not explicitly addressed in provided text. (None)

Signs & flags

Declarant has right to maintain signs on Property to advertise home sales during Special Declarant Rights period. No other sign rules provided. (Declaration Article IV, Section 4.1(c)(i)

Maintenance

Responsibility for maintenance, repair, replacement detailed in Component and Responsibility Chart (Exhibit B to Declaration). Board responsible for Community Facilities and certain components of Dwellings/Lots per C&R Chart. (Bylaws Article VII, Sections 7.10, 7.12()

Insurance

Board must keep Community Facilities insured as provided in Declaration. (Bylaws Article VII, Section 7.12(o))

Use restrictions

Property may only be used and developed as an active-adult community for older persons. (Declaration Article IV, Section 4.1(a) ()

Voting & meetings

One vote per Dwelling. Multiple owners may have conflict voiding vote. Corporate owners designate officer. (Bylaws Article V, Section 5.2)

Extracted from the recorded governing documents and cited to them; may be incomplete and is not legal advice — verify against the official documents below.