Mitchells Corner

Key facts from Mitchells Corner's documents

Reflects the 2025 governing documents — figures and rules are as originally recorded and may have changed since.

Community type

planned community under DUCIOA (Section 1.13 (DUCIOA definition); Sectio)

Units / lots

Initially 145 Lots, expandable to 260 total residential dwelling Lots (Recitals: 'one hundred forty-five (145) )

Developer / declarant

K. Hovnanian at Mitchell’s Corner, LLC, a Delaware Limited Liability Company (also referred to as 'Builder') and Tamarack Land-Mitchell’s Corner, L.L.C., a Delaware Limited Liability Company (Property Owner) (Recitals; Declaration opening paragraph)

Governing law

Delaware Uniform Common Interest Ownership Act (DUCIOA), 25 Del. C. § 81-101 et seq. (Section 1.13)

Assessments & dues

Not fixed; set annually by Board. For unimproved Lots: $25.00 per Lot per year. For improved Lots: uniform rate per Board budget. (Sections 5.3(a), 5.6(b), 5.8(a))

Special assessments

Allowed. Emergency special assessment may be levied by unanimous Board vote without member vote if conditions threaten health, safety, or risk damage (provided notice and funds used for stated purpose). Special assessment for Owner violatio (Sections 5.5(a), 5.5(b))

Collections & liens

Assessments are a continuing lien on the Lot; Association may foreclose lien and bring action against Owner personally; lien subordinate to first mortgage (except as per DUCIOA). Sale or transfer does not extinguish lien for future assessme (Sections 5.1, 5.10, 5.11)

Reserves & fees

Board must annually prepare reserve fund budget for replaceable assets, expected life, and repair/replacement cost; reserve contribution included in annual assessment for improved Lots; separate interest-bearing account maintained. (Section 5.12)

Architectural approval

Yes, for any Improvement (dwelling, structure, landscaping, etc.) prior written consent of ARC required. Exceptions: improvements marketed/sold by Declarant or Participating Builder are deemed pre-approved. (Sections 6.1, 6.5)

Maintenance

Association responsible for Association Property (including stormwater facilities, common open space, streets, etc.). Owner responsible for Lot interior and exterior (except Lawn Area maintenance by Association is optional). Wastewater Serv (Sections 1.5 (Association Property defin)

Voting & meetings

One vote per Lot; proxy allowed; votes cast in person, by proxy, or by ballot; majority of votes cast determines outcome if quorum present (unless greater number required by DUCIOA or Bylaws) (Sections 4.2(a)(b)(c)(d); 4.3)

Amendments

Not fully in text. Section 5.6(b) expressly prohibits amendment of that subsection without written consent of all owners of unimproved Lots. General amendment procedure likely in Article XIII (not provided). (Section 5.6(b): 'subparagraph (b) may no)

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