Rhode Island HOA Laws

There are no specific Acts in Rhode Island that apply exclusively to homeowners associations. But, there are some laws that might still affect how these associations function. Here are the Rhode Island HOA laws you must know about.

For Condominiums

There are two Acts that apply to condominium associations in Rhode Island. The first is the older Rhode Island Condominium Ownership Act. This Act serves as a general guide for the creation, operation, and management of condominiums established prior to July 1, 1982. Condominiums elect to be governed by this Act by recording a declaration with the register of deeds in the county where the condominium is situated.

The second is the Rhode Island Condominium Act, which regulates the creation, management, and termination of condominiums that form under this Act after July 1, 1982. Condominiums established before that date can choose to amend their governing documents to follow the provisions of this Act instead.

Rhode Island Condominium Ownership Act

You can find this Act under Title 34, Chapter 36 of the Rhode Island General Laws. It contains 41 sections, listed below.

• Short title.
• Applicability.
• Definitions.
• Units deemed separable.
• Units may be held in ownership as in other property.
• Exclusive ownership and possession.
• Incidents of ownership.
• Compliance with declaration and rules.
• Alterations.
• Declaration – Recording.
• Deeds – Contents.
• Recording of instruments affecting property – Separate index.
• Survey map.
• Descriptions of unit.
• Bylaws – Recording.
• Bylaw provisions.
• Records of management.
• Release of initial liens.
• Unit liens.
• Common expenses – Payment.
• Interest of unit owner acquired on forced sale.
• Removal of property from application of chapter.
• Resubmission of property to chapter.
• Common profits and expenses – Distribution and charging.
• Voluntary conveyance of unit.
• Liability of unit owner for common expenses absolute.
• Separate assessment for taxation.
• Perpetuities and restraints on alienation.
• Insurance.
• Reconstruction on insured loss.
• Repairs on insured loss.
• Sale or disposition of entirety.
• Actions relating to common areas.
• Liability of unit owners, tenants, employees.
• Rescission of purchase agreement or action for damages – Limitations of action.
• Punitive damages – Attorney’s fees.
• Chapter supplemental.
• Severability.
• Rights of tenants upon conversion to condominium ownership.
• Applicability of local ordinance, regulation, and building codes.
• Chapter continuity.

Rhode Island Condominium Act

You can find this Act under Title 34, Chapter 36 of the Rhode Island General Laws. It contains four articles, each one broken down further into sections.

Article I – General Provisions

• Short title.
• Applicability.
• Definitions.
• Variation by agreement.
• Separate titles and taxation.
• Applicability of local ordinances, regulations, and building codes.
• Eminent domain.
• Supplemental general principles of law applicable.
• Severability.
• Unconscionable agreement or term of contract.
• Obligation of good faith.
• Remedies to be liberally administered.

Article II – Creation, Alteration, and Termination of Condominiums

• Creation of condominium.
• Unit boundaries.
• Construction and validity of declaration and bylaws.
• Description of units.
• Contents of declaration.
• Leasehold condominiums.
• Allocation of common element interest, votes, and common expense liabilities.
• Limited common elements.
• Plats and plans.
• Exercise of development rights.
• Alterations of units.
• Relocation of boundaries between adjoining units.
• Subdivisions of units.
• Easement for encroachments.
• Use for sales purposes.
• Easement rights.
• Amendment of declaration.
• Termination of a condominium.
• Rights of secured lenders.
• Master associations.
• Merger or consolidation of condominiums.

Article III – Management of Condominium

• Organization of unit owners’ association.
• Powers of unit owners’ association.
• Executive board members and officers.
• Transfer of special declarant rights.
• Termination of contracts and leases of declarant.
• Bylaws.
• Upkeep of condominium.
• Meetings.
• Quorums.
• Voting – Proxies.
• Tort and contract liability.
• Conveyance or encumbrance of common elements.
• Insurance.
• Surplus funds.
• Assessments for common expenses.
• Lien for assessments.
• Other liens affecting the condominium.
• Association records.
• Association as trustee.
• Enforcement of declaration, by-laws and rules.
• Foreclosure of condominium lien.

Article IV – Protection of Condominium Purchasers

• Applicability – Waiver.
• Liability for public offering statement requirements.
• Public offering statement – General provisions.
• Public offering statement – Condominiums subject to development rights.
• Public offering statement – Time shares.
• Public offering statement – Condominiums containing conversion buildings.
• Public offering statement – Condominium securities.
• Purchaser’s rights to cancel.
• Resale of units.
• Escrow of deposits.
• Release of liens.
• Conversion buildings.
• Express warranties of quality.
• Implied warranties of quality.
• Exclusion or modification of implied warranties of quality.
• Statute of limitations for warranties.
• Effect of violations on rights of action – Attorney’s fees.
• Labeling of promotional material.
• Declarant’s obligation to complete and restore.
• Substantial completion of units.

Rhode Island HOA Laws on Corporate Governance

The Rhode Island Nonprofit Corporation Act applies to non-profit corporations in the state. Most of the associations in Rhode Island form as non-profit corporations, in which case, this Act governs their corporate procedure, structure, and management.

You can find the Rhode Island Nonprofit Corporation Act under Title 7, Chapter 7-6 of the Rhode Island General Laws. The following sections can be found under the Act:

• Short title.
• Definitions.
• Corporations to which this chapter applies.
• Purposes.
• General powers.
• Indemnification.
• Guarantee authorized by members.
• Limiting powers of certain corporations.
• Exemption from liability.
• Defense of ultra vires.
• Corporate name.
• Reservation of name – Transfer of reserved name.
• Registered office and registered agent.
• Change of registered office or registered agent.
• Service of process on corporation.
• Members.
• Bylaws.
• Bylaws and other powers in emergency.
• Meetings of members.
• Notice of members’ meetings.
• Voting.
• Quorum.
• Board of directors.
• Number and election of directors.
• Vacancies on board of directors.
• Quorum of directors.
• Committees.
• Director conflicts of interest.
• Place and notice of directors’ meetings.
• Officers.
• Removal of officers.
• Books and records.
• Dividends prohibited.
• Loans to directors prohibited.
• Incorporators.
• Articles of incorporation.
• Filing of articles of incorporation.
• Effect of issuance of certificate of incorporation.
• Organization meetings.
• Right to amend articles of incorporation.
• Procedure to amend articles of incorporation.
• Articles of amendment.
• Effectiveness of amendment.
• Certificate of correction.
• Restated articles of incorporation.
• Procedure for merger.
• Procedure for consolidation.
• Approval of merger or consolidation.
• Articles of merger or consolidation.
• Effect of merger or consolidation.
• Merger or consolidation of domestic and foreign corporations.
• Sale, lease, exchange, or mortgage of assets.
• Voluntary dissolution.
• Distribution of assets.
• Plan of distribution.
• Revocation of voluntary dissolution proceedings.
• Articles of dissolution.
• Filing of articles of dissolution.
• Revocation of certificate of incorporation.
• Issuance of certificate of revocation.
• Withdrawal of certificate of revocation.
• Appeal from revocation of articles of incorporation.
• Jurisdiction of court to liquidate assets and affairs of the corporation.
• Procedure in liquidation of corporation by court.
• Qualification of receivers.
• Filing of claims in liquidation proceedings.
• Discontinuance of liquidation proceedings.
• Decree of involuntary dissolution.
• Filing of decree of dissolution.
• Deposits with general treasurer.
• Survival of remedy after dissolution.
• Continuation of certain corporate powers.
• Admission of foreign corporation.
• Powers of foreign corporation.
• Corporate name of foreign corporation.
• Change of name by foreign corporation.
• Application by foreign corporation for certificate of authority.
• Filing of application by foreign corporation for certificate of authority.
• Effect of certificate of authority by foreign corporation.
• Registered office and registered agent of foreign corporation.
• Change of registered office or registered agent of foreign corporation.
• Service of process on foreign corporation.
• Amendment to articles of incorporation of foreign corporation.
• Foreign application for transfer of authority.
• Merger of foreign corporation authorized to conduct affairs in this state.
• Amended certificate of authority.
• Withdrawal of foreign corporation.
• Filing of application for withdrawal.
• Revocation of certificate of authority.
• Issuance of certificate of revocation.
• Withdrawal of certificates of revocation.
• Appeal from revocation of certificate of authority.
• Conducting affairs without certificate of authority.
• Annual report of domestic and foreign corporations.
• Filing of annual report of domestic and foreign corporations.
• Fees for filing documents and issuing certificates.
• Miscellaneous charges.
• Penalties imposed upon corporation.
• Penalties imposed upon directors and officers.
• Interrogatories by secretary of state.
• Information disclosed by interrogatories.
• Powers of secretary of state.
• Appeal from secretary of state.
• Certificates and certified copies to be received in evidence.
• Forms to be furnished by secretary of state.
• Greater voting requirements.
• Waiver of notice.
• Action by incorporators, members, or directors without a meeting.
• Unauthorized assumption of corporate powers.
• Reservation of power.
• Effect of repeal of prior chapters.
• Effect of invalidity of part of this chapter.

Fair Housing

The HOA laws of Rhode Island also cover Fair Housing. According to the Rhode Island Fair Housing Practices Act, it is prohibited to discriminate against persons based on their race, color, country of ancestral origin, age, sex, sexual orientation, gender expression or identity, religion, marital status, familial status, military status as a veteran, service member in the armed forces, a victim of domestic abuse, or disability.

This Act functions in much the same manner as the federal Fair Housing Act. Victims of discrimination can file a private lawsuit in state or federal court. They may also lodge a complaint with the U.S. Department of Housing and Urban Development or the Rhode Island Commission for Human Rights.