reglab/housing_qa huggingface dataset:
RI Gen L § 34-36.1-1.04 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-36.1 - Condominium Law|Section 34-36.1-1.04 - Variation by agreement.

§ 34-36.1-1.04. Variation by agreement.Except as expressly provided in this chapter, provisions of this chapter may not be varied by agreement, and rights conferred by this chapter may not be waived. A declarant may not act under a power of attorney, or use any other device, to evade the limitations or prohibitions of this chapter or the declaration.History of Section.P.L. 1982, ch. 329, § 2.
RI Gen L § 34-36.1-1.05 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-36.1 - Condominium Law|Section 34-36.1-1.05 - Separate titles and taxation.

§ 34-36.1-1.05. Separate titles and taxation.(a) If there is any unit owner other than a declarant, each unit that has been created, together with its interest in the common elements, constitutes for all purposes a separate parcel of real estate.(b) If there is any unit owner other than a declarant, each unit must be separately taxed and assessed, and no separate tax or assessment may be rendered against any common elements for which a declarant has reserved no development rights.(c) Any portion of the common elements for which the declarant has reserved any development rights must be separately taxed and assessed against the declarant, and the declarant alone is liable for payment of those taxes.(d) If there is no unit owner other than a declarant, the real estate comprising the condominium may be taxed and assessed in any manner provided by law.History of Section.P.L. 1982, ch. 329, § 2.
RI Gen L § 34-36.1-1.06 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-36.1 - Condominium Law|Section 34-36.1-1.06 - Applicability of local ordinances, regulations, and building codes.

§ 34-36.1-1.06. Applicability of local ordinances, regulations, and building codes.A zoning, subdivision, building code, or other real estate use law, ordinance, or regulation may not prohibit the condominium form of ownership or impose any requirement upon a condominium which it would not impose upon a physically identical development under a different form of ownership, or otherwise regulate the creation, governance, or existence of the condominium form of ownership. Otherwise, no provision of this chapter invalidates or modifies any provision of any zoning, subdivision, building code, or other real estate use law, ordinance, or regulation.History of Section.P.L. 1982, ch. 329, § 2.
RI Gen L § 34-36.1-1.07 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-36.1 - Condominium Law|Section 34-36.1-1.07 - Eminent domain.

§ 34-36.1-1.07. Eminent domain.(a) If a unit is acquired by eminent domain, or if part of a unit is acquired by eminent domain leaving the unit owner with a remnant which may not practically or lawfully be used for any purpose permitted by the declaration, the award must compensate the unit owner for his or her unit and its interest in the common elements, whether or not any common elements are acquired. Upon acquisition, unless the decree otherwise provides, that unit's allocated interests are automatically reallocated to the remaining units in proportion to the respective allocated interests of those units before the taking, and the association shall promptly prepare, execute, and record an amendment to the declaration reflecting the reallocations. Any remnant of a unit remaining after part of a unit is taken under this subsection is thereafter a common element.(b) Except as provided in subsection (a), if part of a unit is acquired by eminent domain, the award must compensate the unit owner for the reduction in value of the unit and its interest in the common elements, whether or not any common elements are acquired. Upon acquisition, unless the decree otherwise provides:(1) That unit's allocated interests are reduced in proportion to the reduction in the size of the unit, or on any other basis specified in the declaration, and(2) The portion of the allocated interests divested from the partially acquired unit are automatically reallocated to that unit and the remaining units in proportion to the respective allocated interests of those units before the taking, with the partially acquired unit participating in the reallocation on the basis of its reduced allocated interests.(c) If part of the common elements is acquired by eminent domain the portion of the award attributable to the common elements taken must be paid to the association. Unless the declaration provides otherwise, any portion of the award attributable to the acquisition of a limited common element must be equally divided among the owners of the units to which that limited common element was allocated at the time of acquisition.(d) The court decree shall be recorded in every municipality in which any portion of the condominium is located.History of Section.P.L. 1982, ch. 329, § 2.
RI Gen L § 34-36.1-1.08 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-36.1 - Condominium Law|Section 34-36.1-1.08 - Supplemental general principles of law applicable.

§ 34-36.1-1.08. Supplemental general principles of law applicable.The principles of law and equity, including the law of corporations and unincorporated associations, the law of real property and the law relative to capacity to contract, principal and agent, eminent domain, estoppel, fraud, misrepresentation, duress, coercion, mistake, receivership, substantial performance, or other validating or invalidating cause supplement the provisions of this chapter, except to the extent inconsistent with this chapter.History of Section.P.L. 1982, ch. 329, § 2.
RI Gen L § 34-36.1-1.09 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-36.1 - Condominium Law|Section 34-36.1-1.09 - Severability.

§ 34-36.1-1.09. Severability.If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provisions or applications, and to this end the provisions of this chapter are severable.History of Section.P.L. 1982, ch. 329, § 2.
RI Gen L § 34-36.1-1.10 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-36.1 - Condominium Law|Section 34-36.1-1.10 - Unconscionable agreement or term of contract.

§ 34-36.1-1.10. Unconscionable agreement or term of contract.(a) The court, upon finding as a matter of law that a contract or contract clause was unconscionable at the time the contract was made, may refuse to enforce the contract, enforce the remainder of the contract without the unconscionable clause, or limit the application of any unconscionable clause in order to avoid an unconscionable result.(b) Whenever it is claimed, or appears to the court, that a contract or any contract clause is or may be unconscionable, the parties, in order to aid the court in making the determination, shall be afforded a reasonable opportunity to present evidence as to:(1) The commercial setting of the negotiations;(2) Whether a party has knowingly taken advantage of the inability of the other party reasonably to protect his or her interests by reason of physical or mental infirmity, illiteracy, or inability to understand the language of the agreement or similar factors;(3) The effect and purpose of the contract or clause; and(4) If a sale, any gross disparity, at the time of contracting, between the amount charged for the real estate and the value of the real estate measured by the price at which similar real estate was readily obtainable in similar transactions, but a disparity between the contract price and the value of the real estate measured by the price at which similar real estate was readily obtainable in similar transactions does not, of itself, render the contract unconscionable.History of Section.P.L. 1982, ch. 329, § 2.
RI Gen L § 34-36.1-1.11 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-36.1 - Condominium Law|Section 34-36.1-1.11 - Obligation of good faith.

§ 34-36.1-1.11. Obligation of good faith.Every contract or duty governed by this chapter imposes an obligation of good faith in its performance or enforcement.History of Section.P.L. 1982, ch. 329, § 2.
RI Gen L § 34-36.1-1.12 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-36.1 - Condominium Law|Section 34-36.1-1.12 - Remedies to be liberally administered.

§ 34-36.1-1.12. Remedies to be liberally administered.(a) The remedies provided by this chapter shall be liberally administered to the end that the aggrieved party is put in as good position as if the other party had fully performed. However, consequential, special, or punitive damages may not be awarded except as specifically provided in this chapter or by other rule of law.(b) Any right or obligation declared by this chapter is enforceable by judicial proceeding.History of Section.P.L. 1982, ch. 329, § 2.
RI Gen L § 34-36.1-2.01 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-36.1 - Condominium Law|Section 34-36.1-2.01 - Creation of condominium.

§ 34-36.1-2.01. Creation of condominium.(a) A condominium may be created pursuant to this chapter only by recording a declaration in the municipal land evidence records. The declaration must be recorded in every municipality in which any portion of the condominium is located, and must be indexed in the grantee's index in the name of the condominium and the association and in the grantor's index in the name of each person executing the declaration.(b) A declaration or an amendment to a declaration adding units to a condominium, may not be recorded unless all structural components and mechanical systems of the building containing or comprising any units thereby created are substantially completed in accordance with the plans of that building, as evidenced by a certificate of completion executed by an independent registered engineer or architect which shall be recorded in the local land evidence records. No provision of this chapter shall be construed as prohibiting the recording of a declaration or amendment to a declaration which creates a condominium containing land only units or adds land only units to an existing condominium.(c) A declaration or an amendment to a declaration creating land only units shall set forth restrictions on the development of such land only units which address at a minimum the following items:(1) Floor area square footage,(2) Lot coverage,(3) Height,(4) Set backs from unit boundaries,(5) Use, and(6) Architectural and design standards.History of Section.P.L. 1982, ch. 329, § 2; P.L. 1991; ch. 369, § 2.
RI Gen L § 34-36.1-2.02 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-36.1 - Condominium Law|Section 34-36.1-2.02 - Unit boundaries.

§ 34-36.1-2.02. Unit boundaries.Except as provided by the declaration:(1) If walls, floors or ceilings are designated as boundaries of a unit, all lath, furring, wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, finished flooring, and any other materials constituting any part of the finished surfaces thereof are a part of the unit, and all other portions of the walls, floors, or ceilings are a part of the common elements.(2) If any chute, flue, duct, wire, conduit, bearing wall, bearing column, or any other fixture lies partially within and partially outside the designated boundaries of a unit, any portion thereof serving only that unit is a limited common element allocated solely to that unit, and any portion thereof serving more than one unit or any portion of the common elements is a part of the common elements.(3) Subject to the provisions of subdivision (2), all spaces, interior partitions, and other fixtures and improvements within the boundaries of a unit are a part of the unit.(4) Any shutters, awnings, window boxes, doorsteps, stoops, porches, balconies, patios, and all exterior doors and windows or other fixtures designed to serve a single unit, but located outside the unit's boundaries, are limited common elements allocated exclusively to that unit.History of Section.P.L. 1982, ch. 329, § 2.
RI Gen L § 34-36.1-2.03 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-36.1 - Condominium Law|Section 34-36.1-2.03 - Construction and validity of declaration and bylaws.

§ 34-36.1-2.03. Construction and validity of declaration and bylaws.(a) All provisions of the declaration and bylaws are severable, except a housing restriction as set forth in § 34-39.1-3, may not be severed from the declaration and bylaws.(b) The rule against perpetuities may not be applied to defeat any provision of the declaration, bylaws, rules, or regulations adopted pursuant to § 34-36.1-3.02(a)(1).(c) In the event of a conflict between the provisions of the declaration and the bylaws, the declaration prevails except to the extent the declaration is inconsistent with this chapter.(d) Title to a unit and common elements is not rendered unmarketable or otherwise affected by reason of an insubstantial failure of the declaration to comply with this chapter. Whether a substantial failure impairs marketability is not affected by this chapter.History of Section.P.L. 1982, ch. 329, § 2; P.L. 2006, ch. 368, § 3; P.L. 2006, ch. 464, § 3.
RI Gen L § 34-36.1-2.04 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-36.1 - Condominium Law|Section 34-36.1-2.04 - Description of units.

§ 34-36.1-2.04. Description of units.A description of a unit which sets forth the name of the condominium, the recording data for the declaration, the municipality, city or town, in which the condominium is located, and the identifying number of the unit, is a sufficient legal description of that unit and all rights, obligations, and interests appurtenant to that unit which were created by the declaration or bylaws.History of Section.P.L. 1982, ch. 329, § 2.
RI Gen L § 34-36.1-2.05 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-36.1 - Condominium Law|Section 34-36.1-2.05 - Contents of declaration.

§ 34-36.1-2.05. Contents of declaration.(a) The declaration for a condominium must contain:(1) The name of the condominium, which must include the word "condominium" or be followed by the words "a condominium," and the association;(2) The name of every municipality in which any part of the condominium is situated;(3) A legally sufficient description of the real estate included in the condominium;(4) A statement of the maximum number of units which the declarant reserves the right to create;(5) A description of the boundaries of each unit created by the declaration, including the unit's identifying number;(6) A description of any limited common elements, other than those specified in § 34-36.1-2.02(2) and (4), or as provided in § 34-36.1-2.09(b)(10);(7) A description of any real estate (except real estate subject to development rights) which may be allocated subsequently as limited common elements, other than limited common elements specified in § 34-36.1-2.02(2) and (4), together with a statement that they may be so allocated;(8) A description of any development rights and other special declarant rights (§ 34-36.1-1.03(26)) reserved by the declarant, together with a legally sufficient description of the real estate to which each of those rights applies, and a time limit within which each of those rights must be exercised;(9) If any development right may be exercised with respect to different parcels of real estate at different times, a statement to that effect together with:(i) Either a statement fixing the boundaries of those portions and regulating the order in which those portions may be subjected to the exercise of each development right, or a statement that no assurances are made in those regards, and(ii) A statement as to whether, if any development right is exercised in any portion of the real estate subject to that development right, that development right must be exercised in all or in any other portion of the remainder of that real estate;(10) Any other conditions or limitations under which the rights described in subdivision (8) of this section may be exercised or will lapse;(11) An allocation to each unit of the allocated interests in the manner described in § 34-36.1-2.07;(12) Any restrictions on use, occupancy, and alienation of the units, including any housing restrictions as set forth in § 34-39.1-3;(13) The recording data for recorded easements and licenses appurtenant to or included in the condominium or to which any portion of the condominium is or may become subject by virtue of a reservation in the declaration; and(14) All matters required by §§ 34-36.1-2.06, 34-36.1-2.07, 34-36.1-2.08, 34-36.1-2.09, 34-36.1-2.15, 34-36.1-2.16, and 34-36.1-3.03(d).(b) The declaration may contain any other matters the declarant deems appropriate.History of Section.P.L. 1982, ch. 329, § 2; P.L. 2006, ch. 368, § 3; P.L. 2006, ch. 464, § 3.
RI Gen L § 34-36.1-2.06 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-36.1 - Condominium Law|Section 34-36.1-2.06 - Leasehold condominiums.

§ 34-36.1-2.06. Leasehold condominiums.(a) Any lease the expiration or termination of which may terminate the condominium or reduce its size, or a memorandum thereof, shall be recorded. Every lessor of those leases must sign the declaration, and the declaration shall state:(1) The recording data for the lease (or a statement of where the complete lease may be inspected);(2) The date on which the lease is scheduled to expire;(3) A legally sufficient description of the real estate subject to the lease;(4) Any right of the unit owners to redeem the reversion and the manner whereby those rights may be exercised, or a statement that they do not have those rights;(5) Any right of the unit owners to remove any improvements within a reasonable time after the expiration or termination of the lease, or a statement that they do not have those rights;(6) Any rights of the unit owners to renew the lease and the conditions of any renewal, or a statement that they do not have those rights; and(7) Any housing restriction as set forth in § 34-39.1-3, and the details thereof.(b) After the declaration for a leasehold condominium is recorded, neither the lessor nor his or her successor in interest may terminate the leasehold interest of a unit owner who makes timely payment of his or her share of the rent and otherwise complies with all covenants which, if violated, would entitle the lessor to terminate the lease. A unit owner's leasehold interest is not affected by failure of any other person to pay rent or fulfill any other covenant.(c) Acquisition of the leasehold interest of any unit owner by the owner of the reversion or remainder does not merge the leasehold and fee simple interests unless the leasehold interests of all unit owners subject to that reversion or remainder are acquired.(d) If the expiration or termination of a lease decreases the number of units in a condominium, the allocated interests shall be reallocated in accordance with § 34-36-7(a) as though those units had been taken by eminent domain. Reallocations shall be confirmed by an amendment to the declaration prepared, executed, and recorded by the association.History of Section.P.L. 1982, ch. 329, § 2; P.L. 2006, ch. 368, § 3; P.L. 2006, ch. 464, § 3.
RI Gen L § 34-36.1-2.08 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-36.1 - Condominium Law|Section 34-36.1-2.08 - Limited common elements.

§ 34-36.1-2.08. Limited common elements.(a) Except for the limited common elements described in § 34-36.1-2.02(2) and (4), the declaration shall specify to which unit or units each limited common element is allocated. That allocation may not be altered without the consent of the unit owners whose units are affected.(b) Except as the declaration otherwise provides, a limited common element may be reallocated by an amendment to the declaration executed by the unit owners between or among whose units the reallocation is made. The persons executing the amendment shall provide a copy thereof to the association, which shall record it. The amendment shall be recorded in the names of the parties and the condominium.(c) A common element not previously allocated as a limited common element may not be so allocated except pursuant to provisions in the declaration made in accordance with § 34-36.1-2.05(a)(7). The allocations shall be made by amendments to the declaration.History of Section.P.L. 1982, ch. 329, § 2.
RI Gen L § 34-36.1-2.11 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-36.1 - Condominium Law|Section 34-36.1-2.11 - Alterations of units.

§ 34-36.1-2.11. Alterations of units.Subject to the provisions of the declaration and other provisions of law, a unit owner:(1) May make any improvements or alterations to his or her unit that do not impair the structural integrity or mechanical systems or lessen the support of any portion of the condominium;(2) May not change the appearance of the common elements, or the exterior appearance of a unit or any other portion of the condominium, without permission of the association;(3) After acquiring an adjoining unit or an adjoining part of an adjoining unit, may remove or alter any intervening partition or create apertures therein, even if the partition in whole or in part is a common element, if those acts do not impair the structural integrity or mechanical systems or lessen the support of any portion of the condominium. Removal of partitions or creation of apertures under this subdivision is not an alteration of boundaries.History of Section.P.L. 1982, ch. 329, § 2.
RI Gen L § 34-36.1-2.12 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-36.1 - Condominium Law|Section 34-36.1-2.12 - Relocation of boundaries between adjoining units.

§ 34-36.1-2.12. Relocation of boundaries between adjoining units.(a) Subject to the provisions of the declaration and other provisions of law, the boundaries between adjoining units may be relocated by an amendment to the declaration upon application to the association by the owners of those units. If the owners of the adjoining units have specified a reallocation between their units of their allocated interests, the application must state the proposed reallocations. Unless the executive board determines, within thirty (30) days, that the reallocations are unreasonable, the association shall prepare an amendment that identifies the units involved, states the reallocations, is executed by those unit owners, contains words of conveyance between them, and upon recordation, is indexed in the name of the grantor and the grantee.(b) The association shall prepare and record plats or plans necessary to show the altered boundaries between adjoining units, and their dimensions and identifying numbers.History of Section.P.L. 1982, ch. 329, § 2.
RI Gen L § 34-36.1-2.13 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-36.1 - Condominium Law|Section 34-36.1-2.13 - Subdivisions of units.

§ 34-36.1-2.13. Subdivisions of units.(a) If the declaration expressly so permits, a unit may be subdivided into two (2) or more units. Subject to the provisions of the declaration and other provisions of law, upon application of a unit owner to subdivide a unit, the association shall prepare, execute, and record an amendment to the declaration including the plats and plans, subdividing that unit.(b) The amendment to the declaration must be executed by the owner of the unit to be subdivided, assign an identifying number to each unit created, and reallocate the allocated interest formerly allocated to the subdivided unit to the new units in any reasonable manner prescribed by the owner of the subdivided unit.History of Section.P.L. 1982, ch. 329, § 2.