Delaware Real Estate Law Update: Street Connections Through Age-Restricted Communities

June 6, 2011

Publication| Real Estate Services

On May 19, 2011, Governor Markell signed Senate Bill No. 9, as amended. This legislation prohibits the Delaware Department of Transportation from accepting as a public street certain roads that will connect to an existing road system in a community restricted to age 55 or older. The age-restricted community can elect to accept this connection through a vote of its owners or homeowners association members, as may be applicable to the governance of that community. The legislation also imposes similar restrictions on pedestrian interconnections. The new legislation applies only to roads in new projects and does not apply to projects containing such connection roads that were approved by the Department of Transportation prior to March 15, 2011.

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