Open Space Management - New Castle County, DE

Open Space Management

As members of maintenance organizations, homeowners, and their guests, have the right to free and uninterrupted use of all common facilities and open space. The use of open space, however, may be regulated by reasonable rules and regulations. For example, swimming in stormwater management ponds may be prohibited or hours may be posted in active recreation areas so not to disturb adjacent homeowners with late night or early morning noise. Areas of open space may not be possessed by a homeowner for his or her own benefit.

For example, a fence may not be extended into open space to increase the size of one's yard, nor may a homeowner situate a shed or garden on open space. The open space is to be shared equally by all community homeowners and their guests.

Developer Responsibility

The developer is responsible for maintaining the open space until the open space is transferred to the Maintenance Organization and control of the organization has been turned over to the homeowners. If the developer fails to maintain the open space, the County, after providing proper notice, may stop issuing building permits and enter upon the premises and complete any needed maintenance and repairs. If the County incurs costs maintaining the property, the cost of the work performed will be charged to the developer, and building permits will be withheld until payment is received by New Castle County.

Maintenance Organization Responsibility

After the property is legally transferred and transfer of control is complete, the maintenance organization is responsible for the maintenance of the open space. Upon failure of the maintenance organization to maintain the open space, the County, after providing proper notice, may enter upon the land and perform the necessary maintenance and or repairs. The cost of the work performed by the County will be charged to the maintenance organization or the owners of the lots within the subdivision. When the assessment is made against the maintenance organization, it becomes a lien against all properties owned by the maintenance organization. When the assessment is made to a homeowner, the debt must be paid by the homeowner or the County may proceed with legal action to create a lien on the homeowner's property.