Bernadette & Owen,
Here is an except from an email I forwarded to our board from DE State Congressman Ronald Gray and cc’d to Senator Gerald Hocker concerning dogs on the beach in summer. I hope this email finally satisfies every pushback we have had from board members so a vote can move forward.
——– Original Message ——–
Subject: Tower Shores Beach; dog access in summer months
From: “Gray, Ronald (LegHall)” <Ronald.Gray@delaware.gov>
Date: Tue, May 19, 2020 6:10 pm
To: “email@example.com” <firstname.lastname@example.org>
Cc: “Hocker, Gerald (LegHall)” <Gerald.Hocker@delaware.gov>, “Killen,
Deanna (LegHall)” <Deanna.Killen@delaware.gov>, “Hopkins, Dawn
I sent information about your request concerning dogs on the beach in your private community to our House Attorney and here is his response.
The private community only has authority that has been agreed to by the property owners. I assume there is an HOA of some kind that is created by agreement. This agreement or Declaration would set forth what authority the Board has. Unless the community is incorporated with a State Charter the State has not been involved in setting this entity up.
An HOA usually retains a solicitor same as an incorporated town. That solicitor would have their pertinent documents and would be the correct person to give an opinion as to what their authority is.
I hope this is helpful. I would be happy to discuss further.