What are the rights of non-members in an HOA community?

In Delaware, homeowners who are not members of a Homeowners Association (HOA) have certain rights. Although non-members do not have the same rights as members, they still have certain protections. First, non-members are protected from discrimination. By law, HOAs in Delaware are prohibited from discriminating against potential or existing members based on race, color, religion, national origin, sex, disability, and age. Second, non-members may be entitled to certain amenities. For example, when an HOA creates amenities such as a pool or community recreation center, non-members are still allowed to access and use these amenities. Third, non-members may be able to challenge an HOA’s management decisions in certain circumstances. If a non-member believes the HOA has acted outside of its authority or acted illegally, they may have legal options available to them. Lastly, non-members may also have other rights under the law depending on the terms of the HOA’s governing documents. It is important to read the HOA’s bylaws for detailed information about the rights of non-members. Overall, non-members of an HOA community have certain rights and protections under Delaware law. While members of the HOA may have additional rights, non-members still have access to certain amenities and protections.

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What are the rights of non-members in an HOA community?

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