reglab/housing_qa huggingface dataset:
RI Gen L § 34-36.1-2.14 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-36.1 - Condominium Law|Section 34-36.1-2.14 - Easement for encroachments.

§ 34-36.1-2.14. Easement for encroachments.To the extent that any unit or common element encroaches on any other unit or common element, a valid easement for the encroachment exists. The easement does not relieve a unit owner of liability in case of his or her willful misconduct nor relieve a declarant or any other person of liability for failure to adhere to the plats and plans.History of Section.P.L. 1982, ch. 329, § 2.
RI Gen L § 34-36.1-2.15 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-36.1 - Condominium Law|Section 34-36.1-2.15 - Use for sales purposes.

§ 34-36.1-2.15. Use for sales purposes.A declarant may maintain sales offices, management offices, and models in units or on common elements in the condominium only if the declaration so provides and specifies the rights of a declarant with regard to the number, size, location, and relocation thereof. Any sales office, management office, or model not designated a unit by the declaration is a common element, and if a declarant ceases to be a unit owner, he or she ceases to have any rights with regard thereto unless it is removed promptly from the condominium in accordance with a right to remove reserved in the declaration. Subject to any limitations in the declaration, a declarant may maintain signs on the common elements advertising the condominium. The provisions of this section are subject to the provisions of other state law, and to local ordinances.History of Section.P.L. 1982, ch. 329, § 2.
RI Gen L § 34-36.1-2.16 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-36.1 - Condominium Law|Section 34-36.1-2.16 - Easement rights.

§ 34-36.1-2.16. Easement rights.Subject to the provisions of the declaration, a declarant has an easement through the common elements as may be reasonably necessary for the purpose of discharging a declarant's obligations or exercising special declarant rights, whether arising under this chapter or reserved in the declaration.History of Section.P.L. 1982, ch. 329, § 2.
RI Gen L § 34-36.1-2.17 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-36.1 - Condominium Law|Section 34-36.1-2.17 - Amendment of declaration.

§ 34-36.1-2.17. Amendment of declaration.(a) Except in cases of amendments that may be executed by a declarant under § 34-36.1-2.09(f) or 34-36.1-2.10; the association under § 34-36.1-1.07, 34-36.1-2.06(d), 34-36.1-2.07(f), 34-36.1-2.08(c), 34-36.1-2.12(a), or 34-36.1-2.13; or certain unit owners under § 34-36.1-2.07(f), 34-36.1-2.08(b), 34-36.1-2.12, 34-36.1-2.13(b), or 34-36.1-2.18(b), and except as limited by subsection (d) of this section, the declaration, including the plats and plans, may be amended only by vote or agreement of unit owners of units to which at least sixty-seven percent (67%) of the votes in the association are allocated, or any larger majority the declaration specifies. The declaration may specify a smaller number only if all the units are restricted exclusively to nonresidential use.(b) No action to challenge the validity of an amendment adopted by the association pursuant to this section may be brought more than one year after the amendment is recorded.(c) Every amendment to the declaration must be recorded in every municipality in which any portion of the condominium is located, and is effective only upon recordation. An amendment shall 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 the parties executing the amendment.(d) Except to the extent expressly permitted or required by other provisions of this chapter, no amendment may create or increase special declarant rights, increase the number of units, change the boundaries of any unit, the allocated interests of a unit, or the uses to which any unit is restricted, in the absence of unanimous consent of the unit owners.(e) Amendments to the declaration required by this chapter to be recorded by the association shall be prepared, executed, recorded, and certified on behalf of the association by any officer of the association designated for that purpose or, in the absence of designation, by the president of the association.(f) A declaration and bylaws may require that amendments to any sections dealing with housing restrictions as set forth in § 34-39.1-3, may also require notice to and/or consent of the restriction holder before such amendments shall take effect.History of Section.P.L. 1982, ch. 329, § 2; P.L. 1983, ch. 202, § 1; P.L. 2006, ch. 368, § 3; P.L. 2006, ch. 464, § 3.
RI Gen L § 34-36.1-2.19 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-36.1 - Condominium Law|Section 34-36.1-2.19 - Rights of secured lenders.

§ 34-36.1-2.19. Rights of secured lenders.The declaration may require that all or a specified number or percentage of the mortgagees or beneficiaries of deeds of trust encumbering the units approve specified actions of the unit owners or the association as a condition to the effectiveness of those actions, but no requirement for approval may operate to:(1) Deny or delegate control over the general administrative affairs of the association by the unit owners or the executive board, or(2) Prevent the association or the executive board from commencing, intervening in, or settling any litigation or proceedings, or receiving and distributing any insurance proceeds except pursuant to § 34-36.1-3.13.History of Section.P.L. 1982, ch. 329, § 2.
RI Gen L § 34-36.1-2.20 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-36.1 - Condominium Law|Section 34-36.1-2.20 - Master associations.

§ 34-36.1-2.20. Master associations.(a) If the declaration for a condominium provides that any of the powers described in § 34-36.1-3.02 are to be exercised by or may be delegated to a profit or nonprofit corporation or unincorporated association which exercises those or other powers on behalf of one or more condominiums or for the benefit of the unit owners of one or more condominiums, all provisions of this chapter applicable to unit owners' associations apply to the corporation or unincorporated association, except as modified by this section.(b) Unless a master association is acting in the capacity of an association described in § 34-36.1-3.01, it may exercise the powers set forth in § 34-36.1-3.02(a)(2) only to the extent expressly permitted in the declarations of condominiums which are part of the master association or expressly described in the delegations of power from those condominiums to the master association.(c) If the declaration of any condominium provides that the executive board may delegate certain powers to a master association, the members of the executive board have no liability for the acts or omissions of the master association with respect to those powers following delegation.(d) The rights and responsibilities of unit owners with respect to the unit owners' association set forth in §§ 34-36.1-3.03, 34-36.1-3.08 — 34-36.1-3.10, and 34-36.1-3.12 apply in the conduct of the affairs of a master association only to those persons who elect the board of a master association, whether or not those persons are otherwise unit owners within the meaning of this chapter.(e) Notwithstanding the provisions of § 34-36.1-3.03(f) with respect to the election of the executive board of an association, by all unit owners after the period of declarant control ends, and even if a master association is also an association described in § 34-36.1-3.01, the certificate of incorporation or other instrument creating the master association and the declaration of each condominium the powers of which are assigned by the declaration or delegated to the master association, may provide that the executive board of the master association must be elected after the period of declarant control in any of the following ways:(1) All unit owners of all condominiums subject to the master association may elect all members of that executive board.(2) All members of the executive boards of all condominiums subject to the master association may elect all members of that executive board.(3) All unit owners of each condominium subject to the master association may elect specified members of that executive board.(4) All members of the executive board of each condominium subject to the master association may elect specified members of that executive board.History of Section.P.L. 1982, ch. 329, § 2.
RI Gen L § 34-36.1-2.21 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-36.1 - Condominium Law|Section 34-36.1-2.21 - Merger or consolidation of condominiums.

§ 34-36.1-2.21. Merger or consolidation of condominiums.(a) Any two (2) or more condominiums, by agreement of the unit owners as provided in subsection (b), may be merged or consolidated into a single condominium. In the event of a merger or consolidation, unless the agreement otherwise provides, the resultant condominium is, for all purposes, the legal successor of all of the preexisting condominiums and the operations and activities of all associations of the preexisting condominiums shall be merged or consolidated into a single association which shall hold all powers, rights, obligations, assets, and liabilities of all preexisting associations.(b) An agreement of two (2) or more condominiums to merge or consolidate pursuant to subsection (a) must be evidenced by an agreement prepared, executed, recorded, and certified by the president of the association of each of the preexisting condominiums following approval by owners of units to which are allocated the percentage of votes in each condominium required to terminate that condominium. The agreement must be recorded in every municipality in which a portion of the condominium is located and is not effective until recorded.(c) Every merger or consolidation agreement must provide for the reallocation of the allocated interests in the new association among the units of the resultant condominium either:(1) By stating the reallocations or the formulas upon which they are based; or(2) By stating the percentage of overall allocated interests of the new condominium which are allocated to all of the units comprising each of the preexisting condominiums, and providing that the portion of the percentage allocated to each unit formerly comprising a part of the preexisting condominium must be equal to the percentages of allocated interests allocated to that unit by the declaration of the preexisting condominium.History of Section.P.L. 1982, ch. 329, § 2.
RI Gen L § 34-36.1-3.01 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-36.1 - Condominium Law|Section 34-36.1-3.01 - Organization of unit owners' association.

§ 34-36.1-3.01. Organization of unit owners' association.A unit owners' association must be organized no later than the date the first unit in the condominium is conveyed to a purchaser. The membership of the association at all times shall consist exclusively of all the unit owners or, following termination of the condominium, of all former unit owners entitled to distributions of proceeds under § 34-36.1-2.18, or their heirs, successors, or assigns. The association shall be organized as a profit or nonprofit corporation or as an unincorporated association. In the case of an unincorporated association, a certificate evidencing the names of the executive board members and mailing address for the association shall be recorded with the municipal land records department for the city or town in which the condominium is located, which shall be updated as often as necessary to reflect any changes in the composition of the executive board.History of Section.P.L. 1982, ch. 329, § 2; P.L. 2009, ch. 246, § 1.
RI Gen L § 34-36.1-3.02 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-36.1 - Condominium Law|Section 34-36.1-3.02 - Powers of unit owners' association.

§ 34-36.1-3.02. Powers of unit owners' association.(a) Except as provided in subsection (b), and subject to the provisions of the declaration, the association, even if unincorporated, may:(1) Adopt and amend bylaws and rules and regulations;(2) Adopt and amend budgets for revenues, expenditures, and reserves and collect assessments for common expenses from unit owners;(3) Hire and discharge managing agents and other employees, agents and independent contractors;(4) Institute, defend, or intervene in litigation or administrative proceedings in its own name on behalf of itself or two (2) or more unit owners on matters affecting the condominium;(5) Make contracts and incur liabilities;(6) Regulate the use, maintenance, repair, replacement and modification of common elements;(7) Cause additional improvements to be made as a part of the common elements;(8) Acquire, hold, encumber, and convey in its own name any right, title or interest to real or personal property, but common elements may be conveyed or subjected to a security interest or mortgage only pursuant to § 34-36.1-3.12;(9) Grant easements, leases, licenses and concessions through or over the common elements;(10) Impose and receive any payments, fees, or charges for the use, rental, or operation of the common elements other than limited common elements described in § 34-36.1-2.02(2) and (4) and for services provided to unit owners;(11) Impose charges for late payment of assessments and, after notice and an opportunity to be heard, levy reasonable fines for violations of the declaration, bylaws, and rules and regulations of the association as provided in § 34-36.1-3.20;(12) Impose reasonable charges for the preparation and recordation of amendments to the declaration, resale certificates required by § 34-36.1-4.09 or statements of unpaid assessments;(13) Provide for the indemnification of its officers and executive board and maintain directors' and officers' liability insurance;(14) Borrow funds including the right to assign and/or pledge its right to future income, including the right to receive common expense assessments;(15) Exercise any other powers conferred by the declaration or bylaws;(16) Exercise all other powers that may be exercised in this state by legal entities of the same type as the association; and(17) Exercise any other powers necessary and proper for the governance and operation of the association.(b) The declaration may not impose limitations on the powers of the association to deal with the declarant that are more restrictive than the limitations imposed on the power of the association to deal with other persons.History of Section.P.L. 1982, ch. 329, § 2; P.L. 1984, ch. 380, § 6; P.L. 1984, ch. 444, § 1; P.L. 1991, ch. 247, § 1; P.L. 2009, ch. 246, § 1.
RI Gen L § 34-36.1-3.05 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-36.1 - Condominium Law|Section 34-36.1-3.05 - Termination of contracts and leases of declarant.

§ 34-36.1-3.05. Termination of contracts and leases of declarant.If entered into before the executive board elected by the unit owners pursuant to § 34-36.1-3.03(f) takes office, (1) any management contract, employment contract, or lease of recreational or parking areas or facilities, (2) any other contract or lease between the association and a declarant or an affiliate of a declarant, or (3) any contract or lease that is not bona fide or was unconscionable to the unit owners at the time entered into under the circumstances then prevailing, may be terminated without penalty by the association at any time after the executive board elected by the unit owners pursuant to § 34-36.1-3.03(f) takes office upon not less than ninety (90) days' notice to the other party. This section does not apply to any lease the termination of which would terminate the condominium or reduce its size, unless the real estate subject to that lease was included in the condominium for the purpose of avoiding the right of the association to terminate a lease under this section.History of Section.P.L. 1982, ch. 329, § 2.
RI Gen L § 34-36.1-3.06 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-36.1 - Condominium Law|Section 34-36.1-3.06 - Bylaws.

§ 34-36.1-3.06. Bylaws.(a) The bylaws of the association must provide for:(1) The number of members of the executive board and the titles of the officers of the association;(2) Election by the executive board of a president, treasurer, secretary, and any other officers of the association the bylaws specify;(3) The qualifications, powers and duties, terms of office, and manner of electing and removing executive board members and officers and filling vacancies;(4) Which, if any, of its powers the executive board or officers may delegate to other persons or to a managing agent;(5) Which of its officers may prepare, execute, certify and record amendments to the declaration on behalf of the association; and(6) The method of amending the bylaws.(b) Subject to the provisions of the declaration, the bylaws may provide for any other matters the association deems necessary and appropriate.History of Section.P.L. 1982, ch. 329, § 2.
RI Gen L § 34-36.1-3.07 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-36.1 - Condominium Law|Section 34-36.1-3.07 - Upkeep of condominium.

§ 34-36.1-3.07. Upkeep of condominium.(a) Except to the extent provided by the declaration, subsection (b), or § 34-36.1-3.13(h), the association is responsible for maintenance, repair, and replacement of the common elements, and each unit owner is responsible for maintenance, repair, and replacement of his or her unit. Each unit owner shall afford to the association and the other unit owners, and to their agents or employees, access through his or her unit reasonably necessary for those purposes. If damage is inflicted on the common elements, or on any unit through which access is taken, the unit owner responsible for the damage, or the association if it is responsible, is liable for the prompt repair thereof.(b) In addition to the liability that a declarant as a unit owner has under this chapter, the declarant alone is liable for all expenses in connection with real estate subject to development rights. No other unit owner and no other portion of the condominium is subject to a claim for payment of those expenses. Unless the declaration provides otherwise, any income or proceeds from real estate subject to development rights inures to the declarant.History of Section.P.L. 1982, ch. 329, § 2.
RI Gen L § 34-36.1-3.08 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-36.1 - Condominium Law|Section 34-36.1-3.08 - Meetings.

§ 34-36.1-3.08. Meetings.A meeting of the association must be held at least once each year. Special meetings of the association may be called by the president, a majority of the executive board or by unit owners having twenty percent (20%), or any lower percentage specified in the bylaws, of the votes in the association. Not less than ten (10) nor more than sixty (60) days in advance of any meeting, the secretary or other officer specified in the bylaws shall cause notice to be hand delivered or sent prepaid by United States mail to the mailing address of each unit or to any other mailing address designated in writing by the unit owner. The notice of any meeting must state the time and place of the meeting and the items on the agenda, including the general nature of any proposed amendment to the declaration or bylaws, any budget changes, and any proposal to remove a director or officer.History of Section.P.L. 1982, ch. 329, § 2.
RI Gen L § 34-36.1-3.09 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-36.1 - Condominium Law|Section 34-36.1-3.09 - Quorums.

§ 34-36.1-3.09. Quorums.(a) Unless the bylaws provide otherwise, a quorum is present throughout any meeting of the association if persons entitled to cast twenty percent (20%) of the votes which may be cast for election of the executive board are present in person or by proxy at the beginning of the meeting.(b) Unless the bylaws specify a larger percentage, a quorum is deemed present throughout any meeting of the executive board if persons entitled to cast fifty percent (50%) of the votes on that board are present at the beginning of the meeting.History of Section.P.L. 1982, ch. 329, § 2.
RI Gen L § 34-36.1-3.10 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-36.1 - Condominium Law|Section 34-36.1-3.10 - Voting - Proxies.

§ 34-36.1-3.10. Voting — Proxies.(a) If only one of the multiple owners of a unit is present at a meeting of the association, that person is entitled to cast all the votes allocated to that unit. If more than one of the multiple owners are present, the votes allocated to that unit may be cast only in accordance with the agreement of a majority in interest of the multiple owners, unless the declaration expressly provides otherwise. There is majority agreement if any one of the multiple owners casts the votes allocated to that unit without protest being made promptly to the person presiding over the meeting by any of the other owners of the unit.(b) Votes allocated to a unit may be cast pursuant to a proxy duly executed by a unit owner. If a unit is owned by more than one person, each owner of the unit may vote or register protest to the casting of votes by the other owners of the unit through a duly executed proxy. A unit owner may not revoke a proxy given pursuant to this section except by actual notice of revocation to the person presiding over a meeting of the association. A proxy is void if it is not dated or purports to be revocable without notice. A proxy terminates one year after its date, unless it specifies a shorter term.(c) If the declaration requires that votes on specified matters affecting the condominium be cast by lessees rather than unit owners of leased units: (1) the provisions of subsections (a) and (b) apply to lessees as if they were unit owners; (2) unit owners who have leased their units to other persons may not cast votes on those specified matters; and (3) lessees are entitled to notice of meetings, access to records, and other rights respecting those matters as if they were unit owners. Unit owners must also be given notice, in the manner provided in § 34-36.1-3.08, of all meetings at which lessees may be entitled to vote.(d) No votes allocated to a unit owned by the association may be cast.History of Section.P.L. 1982, ch. 329, § 2.
RI Gen L § 34-36.1-3.11 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-36.1 - Condominium Law|Section 34-36.1-3.11 - Tort and contract liability.

§ 34-36.1-3.11. Tort and contract liability.Neither the association nor any unit owner except the declarant is liable for that declarant's torts in connection with any part of the condominium which that declarant has the responsibility to maintain. Otherwise, an action alleging a wrong done by the association must be brought against the association and not against any unit owner. If the wrong occurred during any period of declarant control and the association gives the declarant reasonable notice of and an opportunity to defend against the action, the declarant who then controlled the association is liable to the association or to any unit owner: (1) for all tort losses not covered by insurance suffered by the association or that unit owner, and (2) for all costs which the association would not have incurred but for a breach of contract or other wrongful act or omission. Whenever the declarant is liable to the association under this section, the declarant is also liable for all litigation expenses, including reasonable attorneys' fees, incurred by the association. Any statute of limitation affecting the association's right of action under this section is tolled until the period of declarant control terminates. A unit owner is not precluded from bringing an action contemplated by this section because he or she is a unit owner or a member or officer of the association. Liens resulting from judgments against the association are governed by § 34-36.1-3.17.History of Section.P.L. 1982, ch. 329, § 2.