Updating the QP Covenants

The Quillen’s Point Covenants were amended and recorded with Sussex County after a five-week community-wide vote ended on April 20, 2023.
Here’s everything to know about the update.

Everything to know about
the April, 2023 amendment of the QPHA Covenants


UPDATING THE QUILLEN’S POINT COVENANTS – 2023
VOTING CONCLUDED on April 20, 2023.
At an open QPHA “town hall” meeting held May 21, 2022, a committee of five owners, including three Board members, presented the outlines of a plan to update the Quillen’s Point Covenants to bring the community into compliance with new Delaware state law governing homeowner associations. After obtaining legal guidance from two experienced Delaware attorneys, the QPHA Board of Directors on July 23, 2022 unanimously endorsed the proposed revision to the Covenants. These changes guarantee owners a vote on every annual budget and annual assessments. Explanatory information was distributed to give every owner a chance to understand the issues before changes are made.
A community-wide vote to amend the Covenants concluded after five weeks on April 20, 2023. Information was distributed by postal mail and email, and voting was conducted by email.
More information about the Covenants amendment is available here.

Details about the proposal to update the QPHA Covenants were distributed through the US postal mail in this bright red envelope.
Since the original QP Covenants were written in 1981, the purchasing power of QPHA’s maximum assessment limit has diminished dramatically, while the number of QP homes requiring community services, including safe water, road maintenance and much more, has grown to near-maximum.

QPHA Committee presentation
at Town Hall meeting May 21, 2022

Attorney’s advice to QPHA

Attorneys consulted by QPHA in this process

Attorney K. William “Billy” Scott is a resident of Quillen’s Point. He moved to Delaware in 1997. He formerly worked as Associate General Counsel to the Carl M. Freeman Companies, which brought him to Delaware, and he was integral in the acquisition, financing, development, construction, leasing, sales, and marketing of numerous real estate projects. He is a member of the Sussex County, Delaware, Maryland, Pennsylvania, and New Jersey bar associations. His primary areas of practice are real estate, wills and estate planning, and corporate law. He represents numerous companies, including many national, regional, and area developers, builders and real estate agents, as well as area businesses. The Law Offices of Scott and Shuman have offices in Bethany Beach and Rehoboth Beach. Billy has worked on a wide range of real estate transactions and financings, including acquisitions and dispositions of large undeveloped parcels, golf courses, shopping centers, residential and mixed-use communities, and commercial properties.
Attorney Chad J. Toms frequently handles litigation matters involving common interest communities, corporate governance, fiduciary duty and bankruptcy issues. Mr. Toms is licensed to practice law in Delaware, New Jersey and Maryland. He heads the firm’s Community Association practice in Delaware and the Eastern Shore and manages the firm’s Bethany Beach, Delaware and Ocean City, Maryland offices. In that capacity, Mr. Toms advises common-interest community association boards on day-to-day business operations including compliance with governing documents, operating procedures, meetings (including quorum, voting and proxy issues), insurance matters, director issues and disputes, member issues and disputes, financial and real property matters. He also serves on the Advisory Council to the Delaware Common Interest Community Ombudsman.

Delaware Law: pertinent EXCERPTS – annotated

Delaware Law: Title 25
“Common Interest Communities” (complete)