reglab/housing_qa huggingface dataset:
RI Gen L § 34-36.1-3.12 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-36.1 - Condominium Law|Section 34-36.1-3.12 - Conveyance or encumbrance of common elements.

§ 34-36.1-3.12. Conveyance or encumbrance of common elements.(a) Portions of the common elements may be conveyed or subjected to a security interest or mortgage by the association if persons entitled to cast at least eighty percent (80%) of the votes in the association, including eighty percent (80%) of the votes allocated to units not owned by a declarant, or any larger percentage the declaration specifies, agree to that action; but all the owners of units to which any limited common element is allocated must agree in order to convey that limited common element or subject it to a security interest or mortgage. The declaration may specify a smaller percentage only if all of the units are restricted exclusively to nonresidential uses. Proceeds of the sale are an asset of the association.(b) An agreement to convey common elements or subject them to a security interest must be evidenced by the execution of an agreement, or ratifications thereof, in the same manner as a deed, by the requisite number of unit owners. The agreement must specify a date after which the agreement will be void unless recorded before that date. The agreement and all ratifications thereof must be recorded in every municipality in which a portion of the condominium is situated, and is effective only upon recordation.(c) The association, on behalf of the unit owners, may contract to convey common elements, or subject them to a security interest, but the contract is not enforceable against the association until approved pursuant to subsections (a) and (b). Thereafter, the association has all powers necessary and appropriate to effect the conveyance or encumbrance, including the power to execute deeds or other instruments.(d) Any purported conveyance, encumbrance, judicial sale or other voluntary transfer of common elements, unless made pursuant to this section, is void.(e) A conveyance or encumbrance of common elements pursuant to this section does not deprive any unit of its rights of access and support.(f) Unless the declaration otherwise provides, a conveyance or encumbrance of common elements pursuant to this section does not affect the priority or validity of preexisting encumbrances.History of Section.P.L. 1982, ch. 329, § 2.
RI Gen L § 34-36.1-3.14 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-36.1 - Condominium Law|Section 34-36.1-3.14 - Surplus funds.

§ 34-36.1-3.14. Surplus funds.Unless otherwise provided in the declaration, any surplus funds of the association remaining after payment of or provision for common expenses and any prepayment of reserves must be paid to the unit owners in proportion to their common expense liability or credited to them to reduce their future common expense assessments.History of Section.P.L. 1982, ch. 329, § 2.
RI Gen L § 34-36.1-3.17 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-36.1 - Condominium Law|Section 34-36.1-3.17 - Other liens affecting the condominium.

§ 34-36.1-3.17. Other liens affecting the condominium.(a) Except as provided in subsection (b), a judgment for money against the association if recorded is not a lien on the common elements, but is a lien in favor of the judgment lienholder against all of the units in the condominium at the time the judgment was entered. No other property of a unit owner is subject to the claims of creditors of the association.(b) If the association has granted a security interest in the common elements to a creditor or the association pursuant to § 34-36.1-3.12, the holder of that security interest shall exercise its right against the common elements before its judgment lien on any unit may be enforced.(c) Whether perfected before or after the creation of the condominium, if a lien other than a deed of trust or mortgage, including a judgment lien or lien attributable to work performed or materials supplied before creation of the condominium, becomes effective against two (2) or more units, the unit owner of an affected unit may pay to the lienholder the amount of the lien attributable to his or her unit, and the lienholder, upon receipt of payment, promptly shall deliver a release of the lien covering that unit. The amount of the payment must be proportionate to the ratio which that unit owner's common expense liability bears to the common expense liabilities of all unit owners whose units are subject to the lien. After payment, the association may not assess or have a lien against that unit owner's unit for any portion of the common expenses incurred in connection with that lien.(d) A judgment against the association must be indexed in the name of the condominium and the association and, when so indexed, is notice of the lien against the units.History of Section.P.L. 1982, ch. 329, § 2.
RI Gen L § 34-36.1-3.18 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-36.1 - Condominium Law|Section 34-36.1-3.18 - Association records.

§ 34-36.1-3.18. Association records.The association shall keep financial records sufficiently detailed to enable the association to comply with § 34-36.1-4.09. All financial and other records shall be made reasonably available for examination within thirty (30) days of a request by any unit owner and his or her authorized agent.History of Section.P.L. 1982, ch. 329, § 2; P.L. 2019, ch. 285, § 1; P.L. 2019, ch. 309, § 1.
RI Gen L § 34-36.1-3.19 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-36.1 - Condominium Law|Section 34-36.1-3.19 - Association as trustee.

§ 34-36.1-3.19. Association as trustee.With respect to a third person dealing with the association in the association's capacity as a trustee, the existence of trust powers and their proper exercise by the association may be assumed without inquiry. A third person is not bound to inquire whether the association has power to act as trustee or is properly exercising trust powers. A third person, without actual knowledge that the association is exceeding or improperly exercising its powers, is fully protected in dealing with the association as if it possessed and properly exercised the powers it purports to exercise. A third person is not bound to assure the proper application of trust assets paid or delivered to the association in its capacity as trustee.History of Section.P.L. 1982, ch. 329, § 2.
RI Gen L § 34-36.1-3.20 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-36.1 - Condominium Law|Section 34-36.1-3.20 - Enforcement of declaration, by-laws and rules.

§ 34-36.1-3.20. Enforcement of declaration, by-laws and rules.(a) An executive board may impose and assess fines against a unit owner as a method of enforcing the association's declaration, bylaws, and rules and regulations. Such fines may include, but are not limited to, daily fines for continued violative conduct in the future. Notice and the opportunity for a hearing must be provided to an alleged violator before a fine is imposed and assessed. All fines shall be a lien on the unit charged.(b) Daily fines imposed and assessed pursuant to this section shall be no more than one hundred dollars ($100) per day for residential condominiums nor more than five hundred dollars ($500) per day for commercial condominiums.(c) Fines other than daily fines imposed and assessed pursuant to this section shall be no more than five hundred dollars ($500) for residential condominiums and no more than one thousand dollars ($1,000) for commercial condominiums.(d) Any condominium declaration, bylaw, rule or regulation which purports to establish a maximum fine or daily fine shall be invalid.(e) Hearings conducted pursuant to this section shall be before the executive board or a person designated by the executive board.(f) A decision in a hearing held pursuant to this section must include costs in all cases and reasonable attorney's fees, if the prevailing party is represented by a member of the Rhode Island Bar. Such attorney's fees and costs shall also be a lien on the unit charged.History of Section.P.L. 1991, ch. 247, § 2.
RI Gen L § 34-36.1-4.01 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-36.1 - Condominium Law|Section 34-36.1-4.01 - Applicability - Waiver.

§ 34-36.1-4.01. Applicability — Waiver.(a) This article applies to all units subject to this chapter except as provided in subsection (b) or as modified or waived by agreement of purchasers of units in a condominium in which all units are restricted to nonresidential use.(b) Neither a public offering statement nor a resale certificate need be prepared or delivered in the case of:(1) A gratuitous disposition of a unit;(2) A disposition pursuant to court order;(3) A disposition by a government or governmental agency;(4) A disposition by foreclosure or deed in lieu of foreclosure;(5) A disposition to a person in the business of selling real estate who intends to offer those units to purchasers or;(6) A disposition that may be cancelled at any time and for any reason by the purchaser without penalty.History of Section.P.L. 1982, ch. 329, § 2.
RI Gen L § 34-36.1-4.02 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-36.1 - Condominium Law|Section 34-36.1-4.02 - Liability for public offering statement requirements.

§ 34-36.1-4.02. Liability for public offering statement requirements.(a) Except as provided in subsection (b), a declarant, prior to the offering of any interest in a unit to the public, shall prepare a public offering statement conforming to the requirements of §§ 34-36.1-4.03 — 34-36.1-4.06.(b) A declarant may transfer responsibility for preparation of all or a part of the public offering statement to a successor declarant or to a person in the business of selling real estate who intends to offer units in the condominium for his or her own account. In the event of any such transfer, the transferor shall provide the transferee with any information necessary to enable the transferee to fulfill the requirements of subsection (a).(c) Any declarant or other person in the business of selling real estate who offers a unit for his or her own account to a purchaser shall deliver a public offering statement in the manner prescribed in § 34-36.1-4.08(a). As between the declarant or other person specified in subsection (b), the person who prepared all or a part of the public offering statement is liable under §§ 34-36.1-4.08 — 34-36.1-4.17 for any false or misleading statement set forth therein or for any omission of material fact therefrom with respect to that portion of the public offering statement which declarant prepared. If a declarant did not prepare any part of a public offering statement that he or she delivers, he or she is not liable for any false or misleading statement set forth therein or for any omission of material fact therefrom unless declarant had actual knowledge of the statement or omission or, in the exercise of reasonable care, should have known of the statement or omission.(d) If a unit is part of a condominium and is part of any other real estate regime in connection with the sale of which the delivery of a public offering statement is required under the laws of this state, a single public offering statement conforming to the requirements of §§ 34-36.1-4.03 — 34-36.1-4.06 as those requirements relate to all real estate regimes in which the unit is located, and to any other requirements imposed under the laws of this state, may be prepared and delivered in lieu of providing two (2) or more public offering statements.History of Section.P.L. 1982, ch. 329, § 2.
RI Gen L § 34-36.1-4.05 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-36.1 - Condominium Law|Section 34-36.1-4.05 - Public offering statement - Time shares.

§ 34-36.1-4.05. Public offering statement — Time shares.If the declaration provides that ownership or occupancy of any units is or may be in time shares, the public offering statement shall disclose, in addition to the information required by § 34-41-4.03:(1) The number and identity of units in which time shares may be created;(2) The total number of time shares that may be created;(3) The minimum duration of any time shares that may be created; and(4) The extent to which the creation of time shares will or may affect the enforceability of the association's lien for assessments provided in § 34-36.1-3.16.History of Section.P.L. 1982, ch. 329, § 2; P.L. 1984, ch. 141, § 3.
RI Gen L § 34-36.1-4.06 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-36.1 - Condominium Law|Section 34-36.1-4.06 - Public offering statement - Condominiums containing conversion buildings.

§ 34-36.1-4.06. Public offering statement — Condominiums containing conversion buildings.(a) The public offering statement of a condominium containing any conversion building must contain, in addition to the information required by § 34-36.1-4.03:(1) A statement by the declarant, based on a report prepared by a registered architect or engineer, describing the present condition of all structural components and mechanical and electrical installations material to the use and enjoyment of the building;(2) A statement by the declarant of the expected useful life of each item reported on in subdivision (a)(1) or a statement that no representations are made in that regard; and(3) A list of any outstanding notices of incurred violations of building code or other municipal regulations, together with the estimated cost of curing those violations.(b) This section applies only to buildings containing units that may be occupied for residential use.History of Section.P.L. 1982, ch. 329, § 2.
RI Gen L § 34-36.1-4.07 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-36.1 - Condominium Law|Section 34-36.1-4.07 - Public offering statement - Condominium securities.

§ 34-36.1-4.07. Public offering statement — Condominium securities.If an interest in a condominium is currently registered with the securities and exchange commission of the United States, a declarant satisfies all requirements relating to the preparation of a public offering statement of this chapter if he delivers to the purchaser a copy of the public offering statement filed with the securities and exchange commission.History of Section.P.L. 1982, ch. 329, § 2.
RI Gen L § 34-36.1-4.08 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-36.1 - Condominium Law|Section 34-36.1-4.08 - Purchaser's rights to cancel.

§ 34-36.1-4.08. Purchaser's rights to cancel.(a) A person required to deliver a public offering statement pursuant to § 34-36.1-4.02(c) shall provide a purchaser of a unit with a copy of the public offering statement and all amendments thereto before conveyance of that unit, and not later than the date of any contract of sale. Unless a purchaser is given the public offering statement more than ten (10) days before execution of a contract for the purchase of a unit the purchaser, before conveyance, may cancel the contract within ten (10) days after first receiving the public offering statement.(b) If a purchaser elects to cancel a contract pursuant to subsection (a), he or she may do so by hand delivering notice thereof to the offeror or by mailing notice thereof by prepaid United States mail to the offeror or offeror's agent for service of process. Cancellation is without penalty, and all payments made by the purchaser before cancellation shall be refunded promptly.(c) If a person required to deliver a public offering statement pursuant to § 34-36.1-4.02(c) fails to provide a purchaser to whom a unit is conveyed with that public offering statement and all amendments thereto as required by subsection (a), the purchaser, in addition to any rights to damages or other relief, is entitled to receive from that person an amount equal to ten percent (10%) of the sales price of the unit.History of Section.P.L. 1982, ch. 329, § 2.
RI Gen L § 34-36.1-4.10 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-36.1 - Condominium Law|Section 34-36.1-4.10 - Escrow of deposits.

§ 34-36.1-4.10. Escrow of deposits.Any deposit made in connection with the purchase or reservation of a unit from a person required to deliver a public offering statement pursuant to § 34-36.1-4.02(c) shall be placed in escrow and held either in this state or in the state where the unit is located in an account designated solely for that purpose by a licensed title insurance company, an attorney, a licensed real estate broker, an independent bonded escrow company, or any financial institution whose deposits are insured until:(1) Delivered to the declarant at closing;(2) Delivered to the declarant because of purchaser's default under a contract to purchase the unit; or(3) Refunded to the purchaser.History of Section.P.L. 1982, ch. 329, § 2.
RI Gen L § 34-36.1-4.11 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-36.1 - Condominium Law|Section 34-36.1-4.11 - Release of liens.

§ 34-36.1-4.11. Release of liens.(a) In the case of a sale of a unit where delivery of a public offering statement is required pursuant to § 34-36.1-4.02(c), a seller shall, before conveying a unit, record or furnish to the purchaser releases of all liens affecting that unit and its common element interest which the purchaser does not expressly agree to take subject to or assume. This subsection does not apply to any real estate which a declarant has the right to withdraw.(b) Before conveying real estate to the association the declarant shall have that real estate released from:(1) All liens the foreclosure of which would deprive unit owners of any right of access to or easement of support of their units, and(2) All other liens on that real estate unless the public offering statement describes certain real estate which may be conveyed subject to liens in specified amounts.History of Section.P.L. 1982, ch. 329, § 2.
RI Gen L § 34-36.1-4.13 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-36.1 - Condominium Law|Section 34-36.1-4.13 - Express warranties of quality.

§ 34-36.1-4.13. Express warranties of quality.(a) Express warranties made by any seller to a purchaser of a unit, if relied upon by the purchaser, are created as follows:(1) Any written or printed affirmation of fact or promise which relates to the unit, its use, or rights appurtenant thereto, area improvements to the condominium that would directly benefit the unit, or the right to use or have the benefit of facilities not located in the condominium, creates an express warranty that the unit and related rights and uses will conform to the affirmation or promise;(2) Any model or description of the physical characteristics of the condominium, including plans and specifications of or for improvements, creates an express warranty that the condominium will substantially conform to the model or description;(3) Any description of the quantity or extent of the real estate comprising the condominium, including plats or surveys, creates an express warranty that the condominium will conform to the description, subject to customary tolerances; and(4) A provision that a buyer may put a unit only to a specified use is an express warranty that the specified use is lawful.(b) Neither formal words, such as "warranty" or "guarantee," nor a specific intention to make a warranty, are necessary to create an express warranty of quality, but a statement purporting to be merely an opinion or commendation of the real estate or its value does not create a warranty.(c) Any conveyance of a unit transfers to the purchaser all express warranties of quality made by previous sellers.History of Section.P.L. 1982, ch. 329, § 2.
RI Gen L § 34-36.1-4.14 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-36.1 - Condominium Law|Section 34-36.1-4.14 - Implied warranties of quality.

§ 34-36.1-4.14. Implied warranties of quality.(a) A declarant and any person in the business of selling real estate for his or her own account warrants that a unit will be in at least as good condition at the earlier of the time of the conveyance or delivery of possession as it was at the time of contracting, reasonable wear and tear excepted.(b) A declarant and any person in the business of selling real estate for his or her own account impliedly warrants that a unit and the common elements in the condominium are suitable for the ordinary uses of real estate of its type and that any improvements made or contracted for by him or her, or made by any person before the creation of the condominium, will be:(1) Free from defective materials; and(2) Constructed in accordance with applicable law, according to sound engineering and construction standards, and in a workmanlike manner.(c) In addition, a declarant and any person in the business of selling real estate for his or her own account warrants to a purchaser of a unit that may be used for residential use that an existing use, continuation of which is contemplated by the parties, does not violate applicable law at the earlier of the time of conveyance or delivery of possession.(d) Warranties imposed by this section may be excluded or modified as specified in § 34-36.1-4.15.(e) For purposes of this section, improvements made or contracted for by an affiliate of a declarant are made or contracted for by the declarant.(f) Any conveyance of a unit transfers to the purchaser all of the declarant's implied warranties of quality.History of Section.P.L. 1982, ch. 329, § 2.
RI Gen L § 34-36.1-4.15 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-36.1 - Condominium Law|Section 34-36.1-4.15 - Exclusion or modification of implied warranties of quality.

§ 34-36.1-4.15. Exclusion or modification of implied warranties of quality.(a) Except as limited by subsection (b) with respect to a purchaser of a unit that may be used for residential use, implied warranties of quality:(1) May be excluded or modified by agreement of the parties; and(2) Are excluded by expression of disclaimer, such as "as is," "with all faults," or other language which in common understanding calls the buyer's attention to the exclusion of warranties.(b) With respect to a purchaser of a unit that may be occupied for residential use, no general disclaimer of implied warranties of quality is effective, but a declarant may disclaim liability in an instrument signed by the purchaser for a specified defect or specified failure to comply with applicable law, if the defect or failure entered into and became a part of the basis of the bargain.History of Section.P.L. 1982, ch. 329, § 2.