reglab/housing_qa huggingface dataset:
RI Gen L § 34-41-1.09 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-41 - Rhode Island Real Estate Time-Share Act|Section 34-41-1.09 - Conflicts with other statutes.

§ 34-41-1.09. Conflicts with other statutes.This chapter shall be the sole law of this state governing the creation and disposition of time shares. In the event of any conflict between this chapter and chapters 36, 36.1 or 38 of this title, the provisions of this chapter prevail, but this chapter does not invalidate or otherwise affect rights or obligations vested under those statutes before May 7, 1984, or the manner of their exercise or enforcement.History of Section.P.L. 1984, ch. 141, § 2.
RI Gen L § 34-41-1.10 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-41 - Rhode Island Real Estate Time-Share Act|Section 34-41-1.10 - [Reserved.]

§ 34-41-1.10. [Reserved.]
RI Gen L § 34-41-1.11 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-41 - Rhode Island Real Estate Time-Share Act|Section 34-41-1.11 - Applicability.

§ 34-41-1.11. Applicability.(a) This chapter applies to all time shares created in units within this state after May 7, 1984. Sections 34-41-1.03 (Status and Taxation of Time-Share Estates), 34-41-1.08 (Supplemental General Principles of Law Applicable), 34-41-1.05 (Unconscionable Agreement or Term of Contract), 34-41-1.06 (Obligation of Good Faith), 34-41-1.07 (Remedies to be Liberally Administered), 34-41-2.04 (Partition), 34-41-3.02(a)(1) through (9) and (14) through (16) and (b) (Powers of Managing Entity), 34-41-3.07 (Tort and Contract Liability), 34-41-3.11 (Lien for Assessments), 34-41-3.13 (Authority of Trustee), 34-41-4.09 (Liens), 34-41-4.14 (Statute of Limitation for Warranties), and § 34-41-1.02 (Definitions) to the extent necessary in construing any of those sections, apply to all time shares created in units in this state before May 7, 1984, but only with respect to events and circumstances occurring after May 7, 1984. They do not affect the validity of, or rights or obligations created by, pre-existing provisions of any time-share instrument, document transferring an estate or interest in real property, or contract.(b) The time-share instrument of any time-share property created before May 7, 1984 may be amended to accomplish any result permitted by this chapter if the amendment is adopted in conformity with applicable law and with the procedures and requirements specified by the instrument. If the amendment grants to any person any rights, powers, or privileges permitted by this chapter, all correlative obligations, liabilities, and restrictions in this chapter also apply to that person.(c) This chapter does not apply to time shares in units located outside this state, but the public offering statement provisions (§§ 34-41-4.03 — 34-41-4.06 and 34-41-4.08) apply to all dispositions thereof signed in this state by any party unless exempt under § 34-41-4.01(b) and the agency regulation provisions under Article V of this chapter apply to any offering thereof in this state and the purchaser of units located outside of this state shall have the option of requiring the escrow of deposits pursuant to § 34-41-4.08 or may rescind such sales contract pursuant to § 34-41-4.06.History of Section.P.L. 1984, ch. 141, § 2.
RI Gen L § 34-41-1.12 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-41 - Rhode Island Real Estate Time-Share Act|Section 34-41-1.12 - Severability.

§ 34-41-1.12. 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 application, and to this end the provisions of this chapter are severable.History of Section.P.L. 1984, ch. 141, § 2.
RI Gen L § 34-41-2.01 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-41 - Rhode Island Real Estate Time-Share Act|Section 34-41-2.01 - Time shares in projects.

§ 34-41-2.01. Time shares in projects.(a) If all of the documents constituting the project instrument are recorded after May 7, 1984, time shares may not be created in any unit in a project unless expressly permitted by the project instrument. No amendment to a project instrument which is recorded after May 7, 1984 may permit the creation of time shares unless the owners of at least eighty percent (80%) of the units, or any larger majority required by the project instrument or by law, consent to the amendment.(b) A municipality by and through adoption of its zoning ordinance shall be empowered to designate zones in which time-share ownership of property is permitted by right or by special exception, provided however that time share ownership of property shall be permitted in zones where hotels-motels are permitted by right or by special exception. In the event the municipality does not adopt an ordinance designating zones in which time share ownership of property is permitted by right or by special exception, this section shall not be construed to require a designation of a time share zone prior to development, nor impose any requirement upon a time share property which the zoning code of the respective community would not impose upon a physically identical development under a different form of ownership.History of Section.P.L. 1984, ch. 141, § 2.
RI Gen L § 34-41-2.02 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-41 - Rhode Island Real Estate Time-Share Act|Section 34-41-2.02 - Time-share instrument.

§ 34-41-2.02. Time-share instrument.(a) Except as provided in subsection (b), more than twelve (12) time shares may be created in a single time-share property only by a time-share instrument containing or providing for the following matters:(1) A legally sufficient description of the time-share property and the name or other identification of the project, if any, within which it is situated;(2) The name of the municipalities in which the time-share property is situated;(3) Identification of time periods by letter, name, number or combination thereof;(4) The time-share expense liability and any voting rights assigned to each time share;(5) If additional units may become part of the time-share property, the method of doing so and the formula for allocation and reallocation of the time-share expense liabilities and any votes;(6) The method of designating the insurance trustee required under § 34-41-3.08;(7) Allocation of time for maintenance of the time-share units;(8) Provisions for management by a managing entity or by the time-share owners;(9) If all of the time shares are time-share licenses, the rights a licensee shall have, if his or her license is terminated, with respect to any of the property his or her license affects, or a statement that he or she shall not have any rights; and(10) Any requirements for amendments of the time-share instrument.(b) If a time-share license applies to units in more than one time-share property, the time-share instrument creating the license need not contain or provide for the matters specified in subdivisions (1) — (7) of subsection (a).History of Section.P.L. 1984, ch. 141, § 2.
RI Gen L § 34-41-2.03 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-41 - Rhode Island Real Estate Time-Share Act|Section 34-41-2.03 - Allocation of time-share expense liability and voting rights.

§ 34-41-2.03. Allocation of time-share expense liability and voting rights.(a) The time-share instrument must state the amount of or formula used to determine any time-share expense liability allocated to each time share.(b) If the time-share instrument provides for voting, it must allocate votes to each time-share unit and to each time-share estate and may allocate votes to any time-share license. It may not allocate any votes to any other property or to any person who is not a time-share owner. The number of votes allocated to each time share must be equal for all time shares or proportionate to each time share's value as estimated by the developer, time-share expense liability, or unit size. The time-share instrument may specify some matters as to which the votes must be equal and others as to which they must be proportionate.(c) Except as otherwise provided pursuant to § 34-41-2.02(a)(5), the votes and time-share expense liability allocated to a time share may not be altered without the unanimous consent of all time-share owners entitled to vote and voting at a meeting in which at least eighty percent (80%), or in an initiative or referendum in which at least eighty percent (80%), of the votes allocated to time shares are cast.(d) Except for minor variations due to rounding, the sum of the time-share expense liabilities assigned to all time shares must equal one if stated as fractions or one hundred percent (100%) if stated as percentages. In the event of discrepancy between the time-share liability or votes allocated to a time share and the result derived from the application of the formulas, the allocated time-share expense liability of vote prevails.History of Section.P.L. 1984, ch. 141, § 2.
RI Gen L § 34-41-2.04 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-41 - Rhode Island Real Estate Time-Share Act|Section 34-41-2.04 - Partition.

§ 34-41-2.04. Partition.No action for partition of a time-share unit may be maintained except as permitted by the time-share instrument or by § 34-41-2.05(c)(2).History of Section.P.L. 1984, ch. 141, § 2.
RI Gen L § 34-41-2.06 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-41 - Rhode Island Real Estate Time-Share Act|Section 34-41-2.06 - Use for sales purposes.

§ 34-41-2.06. Use for sales purposes.A developer may maintain sales offices, management offices, and models in the time-share property only if the time-share instrument so provides and specifies the rights of a developer with regard to the number, size, location, and relocation thereof, and he or she may maintain signs on the property advertising the property. The provisions of this section are subject to the provisions of other state law, local ordinances, and the project instruments.History of Section.P.L. 1984, ch. 141, § 2.
RI Gen L § 34-41-2.07 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-41 - Rhode Island Real Estate Time-Share Act|Section 34-41-2.07 - Rights of secured lenders.

§ 34-41-2.07. Rights of secured lenders.The time-share instrument may require that all or a specified number or percentage of the mortgagees or beneficiaries of deeds of trust encumbering units or time shares approve specified actions of the unit owners, time-share owners, developer, or managing entity as a condition to the effectiveness of those actions, but no requirement for approval may operate to (i) deny or delegate control over the general administrative affairs of any association by the unit owners, time-share owners, or both, or their elected representatives or (ii) prevent any association from commencing, intervening in, or settling any litigation or proceeding, or receiving and distributing any insurance proceeds pursuant to § 34-41-3.08.History of Section.P.L. 1984, ch. 141, § 2.
RI Gen L § 34-41-2.08 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-41 - Rhode Island Real Estate Time-Share Act|Section 34-41-2.08 - Transfer of time-share licenses.

§ 34-41-2.08. Transfer of time-share licenses.The managing entity shall maintain records of the names and addresses of the owners of time-share licenses. If the number of licenses in the time-share property is more than twelve (12), no transfer of a time-share license is effective against persons without knowledge thereof unless and until entered in those records.History of Section.P.L. 1984, ch. 141, § 2.
RI Gen L § 34-41-3.01 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-41 - Rhode Island Real Estate Time-Share Act|Section 34-41-3.01 - Managing entity.

§ 34-41-3.01. Managing entity.(a) If the number of time shares in a time-share property is more than twelve (12), the developer, before the first transfer of a time-share, must create or provide a managing entity to manage the time-share property. The managing entity may be (i) a manager, who may be the developer, or, (ii) an association, which must be a profit or non-profit corporation or an unincorporated association, the membership of which must at all times consist exclusively of all the time-share owners. If the time-share property is part of a project containing time-share units and other units, the manager may be the entity that governs the project. If the number of time shares in the time-share property is twelve (12) or fewer and there is no managing entity, the time-share owners may form an association meeting the requirements specified above.(b) In the absence of a managing entity required by this section, a court upon application of a party in interest, including a time-share owner or a lienholder, may appoint and prescribe the powers of a managing entity.History of Section.P.L. 1984, ch. 141, § 2.
RI Gen L § 34-41-3.03 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-41 - Rhode Island Real Estate Time-Share Act|Section 34-41-3.03 - Powers and duties in absence of managing entity.

§ 34-41-3.03. Powers and duties in absence of managing entity.The developer has the duties imposed on the managing entity by this chapter and the powers listed in § 34-41-3.02(a)(1) — (11) until a managing entity is provided or the developer and his or her affiliates own no estate or interest in the time-share property. Thereafter, if there is no managing entity and the number of time shares in the time-share property is twelve (12) or fewer, the time-share owners have those powers subject to any provisions of the time-share instrument relating to the manner of the exercise thereof and have the responsibilities and liabilities of an association for the purposes of §§ 34-41-3.06 and 34-41-3.07. To the extent that the time-share instrument is silent with respect to the manner of exercise of any of those powers, the time-share owners may exercise them only by unanimous action.History of Section.P.L. 1984, ch. 141, § 2.
RI Gen L § 34-41-3.05 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-41 - Rhode Island Real Estate Time-Share Act|Section 34-41-3.05 - Termination of contracts and leases of developer.

§ 34-41-3.05. Termination of contracts and leases of developer.(a) If, before the developer ceases to appoint, control, or serve as the managing entity, there is entered into (i) any management contract, employment contract, or lease of recreational or parking areas or facilities, (ii) any other contract or lease between the managing entity and a developer or an affiliate of a developer, or (iii) any contract or lease that is not bona fide or was unconscionable to the time-share owners at the time entered into under the circumstances then prevailing, the contract may be terminated without penalty by the association or the time-share owners at any time after the developer ceases to appoint, control, or serve as the managing entity, upon not less than ninety (90) days' notice to the other party. This subsection does not apply to any lease the termination of which would terminate the time-share property or reduce its size, unless the real estate subject to that lease was included in the property for the purpose of avoiding the right to terminate a lease under this section.(b) If there is no association, any time-share owner individually or on behalf of the class of time-share owners may maintain an action for appropriate relief.History of Section.P.L. 1984, ch. 141, § 2.
RI Gen L § 34-41-3.06 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-41 - Rhode Island Real Estate Time-Share Act|Section 34-41-3.06 - Upkeep of units.

§ 34-41-3.06. Upkeep of units.Except to the extent otherwise provided by the time-share instrument, the managing entity is responsible for maintenance, repair, and replacement of the time-share units and any personal property available for use by time-share owners in conjunction therewith, other than personal property separately owned by a time-share owner. Each time-share owner shall afford access through his or her time-share unit reasonably necessary for those purposes, but if damage is inflicted on a time-share unit through which access is taken, the managing entity is responsible for its prompt repair. Subject to the provisions of law, a time-share instrument and other provisions of the time-share owner may not alter or change the appearance of a time-share unit without the consent of the managing entity.History of Section.P.L. 1984, ch. 141, § 2.
RI Gen L § 34-41-3.07 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-41 - Rhode Island Real Estate Time-Share Act|Section 34-41-3.07 - Tort and contract liability.

§ 34-41-3.07. Tort and contract liability.(a) A time-share owner is personally liable for his or her own acts and omissions and those of his or her employees and agents other than the managing entity.(b) An action may not be maintained against a time-share owner, nor is a time-share owner precluded from maintaining an action, merely because he or she owns a time share or is an officer, director, or member of the association.(c) An action in tort alleging a wrong done by a developer, a managing entity selected by the developer or his or her appointees, or an agent or employee of either, in connection with any portion of the property which the developer or the managing entity has the responsibility to maintain, may not be maintained against the association or any time-share owner other than a developer. Other actions in tort alleging a wrong done by an association or by an agent or employee of the association or an action arising from a contract made by or on behalf of the association may be maintained only against the association. If the tort or breach of contract occurred during any period of developer control, the developer is subject to liability for all unreimbursed losses suffered by the association or time-share owners as a result, including costs and reasonable attorney's fees. The operation of any statute of limitations affecting the right of action of the association or time-share owners under this section is tolled until the period of developer control terminates. A time-share owner is not precluded from maintaining an action contemplated by this subsection because he or she is a time-share owner or a member or officer of the association.(d) A judgment for money against an association if recorded in the office of land evidence records in the municipality where the land is located, is a lien against all of the time shares, but no other property of a time-share owner is subject to the claims of creditors of the association.(e) A judgment against the association must be indexed in the name of the association.History of Section.P.L. 1984, ch. 141, § 2.
RI Gen L § 34-41-3.09 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-41 - Rhode Island Real Estate Time-Share Act|Section 34-41-3.09 - Surplus funds.

§ 34-41-3.09. Surplus funds.Unless otherwise provided in the time-share instrument, any surplus funds derived from the time-share owners or from property belonging to them or their association and held by a managing entity remaining after payment of or provision for time-share expenses and any pre-payment of reserves must be paid to the time-share owners in proportion to their time-share expense liabilities or credited to them to reduce their future time-share expense assessments.History of Section.P.L. 1984, ch. 141, § 2.
RI Gen L § 34-41-3.10 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-41 - Rhode Island Real Estate Time-Share Act|Section 34-41-3.10 - Assessments for time-share expenses.

§ 34-41-3.10. Assessments for time-share expenses.(a) Until time-share expense assessments are made against the time-share owners, the developer shall pay all time-share expenses. After any time-share expense assessment has been made against the time-share owners, time-share expense assessments must be made at least annually, based on a budget adopted at least annually by the managing entity.(b) Except for assessments under subsections (c), (d) and (e), all time-share expenses must be assessed against all the time shares in accordance with the allocations set forth in the time-share instrument pursuant to § 34-41-2.03(a). Any past due assessment or installment thereof bears interest at the rate established by the managing entity or time-share instrument not exceeding the highest legal percent per year.(c) To the extent required by the time-share instrument any time-share expense benefiting fewer than all of the time-share owners must be assessed exclusively against the time-share owners benefited.(d) Assessments to pay a judgment against the association (§ 34-41-3.07) may be made only against the time shares in the time-share property at the time the judgment was entered, in proportion to their time-share expense liabilities.(e) If any time-share expense is caused by the misconduct of any time-share owner, the association may assess that expense exclusively against his or her time share.(f) If time-share expense liabilities are reallocated, time-share expense assessments and any installment thereof not yet due must be recalculated in accordance with the reallocated time-share expense liabilities.History of Section.P.L. 1984, ch. 141, § 2.