reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-36 - Condominium Ownership › Section 34-36-39. - Chapter continuity.

§ 34-36-39. Chapter continuity.
This chapter shall not apply to new declarations of condominiums filed after July 1, 1982; nor shall this chapter apply to condominiums declared before July 1, 1982 where construction has not been commenced, but said condominiums shall be governed by chapter 36.1 of this title. Provided however certain activities of condominiums created under this chapter may be subject to chapter 36.1 of this title as defined in § 34-36.1-1.02. Public offering statements and sales contracts shall clearly disclose that such offering or sale is not covered by the Rhode Island Condominium Act, chapter 36.1 of this title; pursuant thereto any public offering statement and any sales contract shall contain the following language in bold-faced type: “This condominium is not covered by the Rhode Island Condominium Act of 1982.”
History of Section.
P.L. 1982, ch. 329, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-36.1 - Condominium Law › Article I - General Provisions › Section 34-36.1-1.01. - Short title.

§ 34-36.1-1.01. Short title.
This act shall be known and may be cited as the “Rhode Island Condominium Act”.
History of Section.
P.L. 1982, ch. 329, § 2.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-36.1 - Condominium Law › Article I - General Provisions › 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.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-36.1 - Condominium Law › Article I - General Provisions › 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.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-36.1 - Condominium Law › Article I - General Provisions › 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.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-36.1 - Condominium Law › Article I - General Provisions › 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.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-36.1 - Condominium Law › Article I - General Provisions › 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.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-36.1 - Condominium Law › Article I - General Provisions › 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.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-36.1 - Condominium Law › Article I - General Provisions › 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.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-36.1 - Condominium Law › Article I - General Provisions › 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.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-36.1 - Condominium Law › Article I - General Provisions › 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.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-36.1 - Condominium Law › Article II - Creation, Alteration, and Termination of Condominiums › 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.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-36.1 - Condominium Law › Article II - Creation, Alteration, and Termination of Condominiums › 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.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-36.1 - Condominium Law › Article II - Creation, Alteration, and Termination of Condominiums › 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.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-36.1 - Condominium Law › Article II - Creation, Alteration, and Termination of Condominiums › 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.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-36.1 - Condominium Law › Article II - Creation, Alteration, and Termination of Condominiums › 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.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-36.1 - Condominium Law › Article II - Creation, Alteration, and Termination of Condominiums › 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.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-36.1 - Condominium Law › Article II - Creation, Alteration, and Termination of Condominiums › 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.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-36.1 - Condominium Law › Article II - Creation, Alteration, and Termination of Condominiums › 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.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-36.1 - Condominium Law › Article II - Creation, Alteration, and Termination of Condominiums › 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.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-36.1 - Condominium Law › Article II - Creation, Alteration, and Termination of Condominiums › 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.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-36.1 - Condominium Law › Article II - Creation, Alteration, and Termination of Condominiums › 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.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-36.1 - Condominium Law › Article II - Creation, Alteration, and Termination of Condominiums › 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.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-36.1 - Condominium Law › Article II - Creation, Alteration, and Termination of Condominiums › 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.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-36.1 - Condominium Law › Article II - Creation, Alteration, and Termination of Condominiums › 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.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-36.1 - Condominium Law › Article II - Creation, Alteration, and Termination of Condominiums › 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.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-36.1 - Condominium Law › Article II - Creation, Alteration, and Termination of Condominiums › 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.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-36.1 - Condominium Law › Article II - Creation, Alteration, and Termination of Condominiums › 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.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-36.1 - Condominium Law › Article III - Management of Condominium › 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.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-36.1 - Condominium Law › Article III - Management of Condominium › 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.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-36.1 - Condominium Law › Article III - Management of Condominium › 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.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-36.1 - Condominium Law › Article III - Management of Condominium › 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.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-36.1 - Condominium Law › Article III - Management of Condominium › 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.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-36.1 - Condominium Law › Article III - Management of Condominium › 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.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-36.1 - Condominium Law › Article III - Management of Condominium › 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.