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Frequently Asked Questions
Please reach out to us at stacy.shelton@dmhoa.org if you cannot find an answer to your question.
Landowners are responsible - Chapter 7008 l. Maintain, care for, and remove, if necessary, trees on any lot, including common areas, if the tree is at least 25 feet in height or has a main stem or trunk larger than 6 inches in diameter. Such maintenance, care, and removal means those steps required to maintain a live and healthy tree condition per standard horticultural practices in accordance with the standards as set forth by the American Association of Nurserymen.
1. Contact your management office via email with pictures and explain issue, include your HOA in the email.
2. If not addressed, follow up every few weeks on status of trees
3. Maintain documentation of all communications
The community owner is responsible for cleaning up large trees that they typically maintain. Homeowners are responsible for small branches and leaves.
The general rule is that the community owner is responsible for damages if NEGLIGENT in maintaining the tree. In a blizzard, or storm, that may be hard to prove.
There is no case law that definitively answers this issue.
If there is damage, the homeowner should contact their insurance company to sort out liability.
A formula is used that consists of 3½% + ½ average 24-month CPI-U See 7052 of the Delaware Code (https://delcode.delaware.gov/title25/c070/sc06/index.html)for details.
Click this C(https://demhra.delaware.gov/cpi-u/)PI-U link (https://demhra.delaware.gov/cpi-u/)to get the update at the DEMHRA website.
Click this link to download (https://68ae0268-82f0-468a-80ce-e1340035a7de.filesusr.com/ugd/262540_75afcddb1df14a0aaab9eed1ebac9dd8.pdf)a detailed PDF regarding the Lot Rental Assistance Program.
Click this link to a detailed page (https://legis.delaware.gov/SessionLaws/Chapter?id=42368)regarding how to transfer your lease.
To transfer ownership of the home to the heirs, you must add a Transfer-on-Death (TOD) to the title at the DMV. Follow these steps:
1. The homeowners(s) need to visit the local DMV Office with their title, a MV-2025 form (https://urldefense.proofpoint.com/v2/url?u=https-3A__dmv.de.gov_forms_other-5Fforms_pdfs_ve-5Ffrm-5Fmv2025.pdf-3Fcache-3D1763744841742&d=DwMFAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=GJsZMGAlqmSqh1on57J_Lhj7WltWrDB_w9SMBVuN59I&m=e2jMVL1ukiY4DQXIgr_YTl6jbny3WFlnlQqEAwUSbj77AnK8AnPw_WYLV6nKMYQ4&s=7HyyPNqfImc1YoMAub8iIQMgfSo46KPhipqggqpAWkA&e=)signed by the beneficiary and a copy of the beneficiary’s license.
* MV - 2025 Transfer on Death Application:(https://urldefense.proofpoint.com/v2/url?u=https-3A__dmv.de.gov_forms_other-5Fforms_pdfs_ve-5Ffrm-5Fmv2025.pdf-3Fcache-3D1763744841742&d=DwMFAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=GJsZMGAlqmSqh1on57J_Lhj7WltWrDB_w9SMBVuN59I&m=e2jMVL1ukiY4DQXIgr_YTl6jbny3WFlnlQqEAwUSbj77AnK8AnPw_WYLV6nKMYQ4&s=7HyyPNqfImc1YoMAub8iIQMgfSo46KPhipqggqpAWkA&e=) (click to download)
* Pay $35 at the DMV office and they will create a new Delaware title from the existing Delaware title to indicate it is a transfer on death title.
2.. When the owner(s) pass, heirs take the original title, original death certificate(s), identification, and a new tax letter from the tax office to the DMV and the title will be issued in the heirs’ name.
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