Gwendolyn Colston v. The Greens at Wyoming Homeowner Association, Sean Marcus, The Greens at Wyoming, LLC Albert Salame III, and Kamil Salame

── Gwendolyn Colston v. The Greens at Wyoming Homeowner Association, Sean Marcus, The Greens at Wyoming, LLC Albert Salame III, and Kamil Salame ── Court: Court of Chancery of Delaware Date: May 20, 2026 Category: General IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE GWENDOLYN COLSTON, Plaintiff, v. C.A. No. 2024-0063-CDW THE GREENS AT WYOMING HOMEOWNERS ASSOCIATION, SEAN MARCUS, THE GREENS AT WYOMING, LLC, ALBERT SALAME III, and KAMIL SALAME, Defendants. REPORT DENYING MOTION FOR DEFAULT JUDGMENT AND MOTION TO DISMISS Date Submitted: February 10, 2026 Date Decided: May 20, 2026 Gwendolyn Colston, Camden-Wyoming, Delaware; Plaintiff Scott E. Chambers, Gary E. Junge, SCHMITTINGER & RODRIGUEZ, P.A., Dover, Delaware; Counsel for Defendants Sean Marcus, Albert Salame, III, and Kamil Salame WRIGHT, M.  There are two motions pending before the court: plaintiff Gwendolyn Colston’s motion for default judgment 1 and defendants Albert Salame, III and Kamil Salame’s motion to dismiss the amended complaint. 2 I recommend the court deny both motions. I. BACKGROUND For purposes of these motions, the facts are drawn from the complaint,3 the amended complaint,4 and the documents they incorporate by reference. The court reads these documents with the “forgiving eyes” it uses when reviewing filings from self-represented litigants,5 credits the well-pleaded allegations in these documents, and draw all reasonable inferences in plaintiff’s favor. 6 The court has not engaged in any fact-finding. The Greens at Wyoming is a residential community located off Southern Boulevard in Wyoming, Delaware.7 The declarant for the community is The Greens at Wyoming, LLC, a Delaware limited liability company (“Declarant”) 1 Pl.’s Request for Entry of Default J., Dkt. 71 (“Motion for Default Judgment”). 2 Am. Mot. to Dismiss of Albert Salame, III and Kamil Salame, Dkt. 69 (“Motion to Dismiss” and cited as “Mot. to Dismiss”). 3 Compl., Dkt. 1 (“Complaint” and cited as “Compl.”). 4 Am. Verified Compl., Dkt. 43 (“Amended Complaint” and cited as “Am. Compl.”). 5 Richardson v. New Residential Mortg. Loan Tr. 2019RPL3, 2025 WL 2491199, at *9 (Del. Ch. Aug. 29, 2025) (citing Hall v. Coupe, 2016 WL 3094406, at *3 (Del. Ch. May 25, 2016)). 6 Savor, Inc. v. FMR Corp., 812 A.2d 894, 896–97 (Del. 2002). 7 Compl. Ex. N. that was owned and controlled by the individual responsible for developing the community, Albert J. Salame (“Mr. Salame”). 8 The community is governed by a “Declaration of Restrictions for the Greens at Wyoming.”9 The Declaration provides for a homeowners association for the community, known as The Greens at Wyoming Homeowners Association, Inc. (“Homeowners Association”). 10 The Homeowners Association is tasked with operating and maintaining the community’s common areas and stormwater management areas,11 enforcing deed restrictions, 12 and collecting assessments “for the purpose of promoting the recreation, health, safety[,] and welfare” of the community’s residents and owners.13 Under the Homeowners Association’s certificate of incorporation and bylaws, every record owner of a lot in the community is a member of the Homeowners Association.14 The community is at “99% conveyance,” but the Homeowners Association has remained under Declarant control since its formation in 2005.15 8 Compl. Ex. O (“Declaration”) at 1, 22. 9 See generally id. 10 Id. art. II. 11 Id. art. II, cl. B, § 2(a)–(c). 12 Id. art. II, cl. B, § 2(d). The deed restrictions are seven pages long. See id. art. IV. 13 Id. art. II, cl. C, § 1. 14 Certificate of Incorporation of The Greens at Wyoming Homeowners Ass’n, Inc., Compl. Ex. P (“Certificate”) art. 5th; By-Laws of The Greens at Wyoming Homeowners Ass’n, Inc., Compl. Ex. M (“Bylaws”) art. III, § 1(a). 15 Am. Compl. 5, 8. -2- Mr. Salame was the sole director of the Homeowners Association. 16 The Homeowners Association was voided in the latter half of th