Rhode Island HOA and Condo Laws, in Plain English

The Condominium Ownership Act is Rhode Island's original condominium enabling statute and governs condominiums created in the state before July 1, 1982, unless such a condominium has voluntarily reorganized under the newer Rhode Island Condominium Act. It covers formation through a recorded declaration and survey map, unit deeds, bylaws, records of management, common expense liability and unit liens, and insurance and repair of common elements after a casualty. It contains no resale certificate or disclosure requirement of its own, though certain provisions of the newer Rhode Island Condominium Act, including its resale certificate requirement, reach back and apply to condominiums formed under this chapter.

• R.I.G.L. 34-36-25 (Voluntary conveyance of unit)

  Under the 1963 Condominium Ownership Act, which still governs condominiums created before July 1, 1982 that have not adopted the Condominium Law, the grantee of a unit is jointly and severally liable with the grantor for the grantor's unpaid assessments up to the conveyance, but is entitled to a statement from the manager or management committee of the unpaid assessments against the grantor and is not liable, nor is the unit subject to a lien, beyond the amount stated. No fee or deadline is stated. For a resale, 34-36.1-1.02(a)(2) applies the Condominium Law's resale certificate (34-36.1-4.09) and lien statement (34-36.1-3.16) to these condominiums as well.

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The Rhode Island Condominium Act governs condominiums created in the state on or after July 1, 1982, as well as any older condominium that elects to be governed by it. It sets out the framework for creating, altering, and terminating a condominium, the powers and management of the unit owners' association, assessments and liens, association records, and purchaser protections including the public offering statement for new units and a resale certificate requirement for the sale of existing units.

• R.I. Gen. Laws 34-36.1-3.16 (Lien for assessments)

  Establishes the association's lien on a unit for unpaid assessments and its priority against other liens and mortgages. Subsection (h) requires the association, on written request, to furnish a unit owner or the holder of a first mortgage or deed of trust on the unit a recordable statement of the unpaid assessments against the unit within 10 business days after receipt of the request, binding on the association, the executive board, and every unit owner; no fee is stated. Applies to condominiums created before July 1, 1982 as well, for later events (34-36.1-1.02(a)(2)).

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• R.I. Gen. Laws 34-36.1-4.09 (Resale of units)

  Unless a public offering statement is required or the sale is exempt under 34-36.1-4.01(b), a unit owner furnishes the purchaser, before any contract for sale or otherwise before conveyance, the declaration (without plats and plans), the bylaws, the rules, and a certificate with twelve items: restraints on alienation; the monthly common expense assessment and any unpaid common or special assessment due from the seller; other fees; capital expenditures anticipated for the current and next two fiscal years; reserves and their designated portions; the most recent balance sheet and income and expense statement; the current operating budget; unsatisfied judgments and pending suits in which the association is a defendant; insurance for the benefit of unit owners; whether the executive board knows of alterations to the unit or its limited common elements that violate the declaration; whether it knows of health or building code violations in the unit, its limited common elements, or the condominium; and any leasehold term. The association furnishes the certificate within 10 days after the unit owner's request and, since 2019, may charge a fee of no more than $125 for an electronic or physical certificate; an association that fails to provide it within 10 days of a written request owes a civil penalty of $100 to $500 per occurrence besides the 34-36.1-4.17 remedies. The purchaser is not liable beyond the amounts set forth; the seller is not liable for the association's errors or delay, but the contract is voidable by the purchaser until the certificate is provided and for 5 days after, or until conveyance. Applies to condominiums created before July 1, 1982 as well, for later events (34-36.1-1.02(a)(2)).

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