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S2692A
2026 -- S 2692 SUBSTITUTE A
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LC005695/SUB A
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO PROPERTY -- CONDOMINIUM LAW
Introduced By:
Senators Bissaillon, Burke, and McKenney
Date Introduced:
February 27, 2026
Referred To:
Senate Housing & Municipal Government
It is enacted by the General Assembly as follows:
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SECTION 1. Sections 34-36.1-1.02 and 34-36.1-1.03 of the General Laws in Chapter 34-
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36.1 entitled "Condominium Law" are hereby amended to read as follows:
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34-36.1-1.02. Applicability.
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(a)(1) This chapter applies to all condominiums created within this state after July 1, 1982,
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except that any condominium created within this state prior to July 1, 1982, may voluntarily accept
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the provisions of this chapter in lieu of the provisions under which it was originally organized.
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Acceptance shall be evidenced by an agreement in writing executed by and in behalf of the
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condominium association and by all of the owners of all of the individual condominium units within
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the condominium, in which agreement it is clearly stated that they all accept the provisions of this
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chapter in lieu of those in the statute under which the condominium was organized and wish to be
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governed in the future by the provisions of this chapter. The agreement shall be recorded in the
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land evidence records of each and every town or city where all or any part of the land in the
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condominium concerned may be located and shall become effective when first so recorded. The
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acceptance shall only apply to the governance of the condominium concerned as to all matters
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which are prospective or executory in nature; and nothing herein shall be deemed to abrogate,
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amend, limit, effect, or impair the continued effectiveness, legality, or validity of all actions
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lawfully taken by or in behalf of the condominium prior to the effective date of the acceptance,
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including, but without limitation, the condominium declaration and all amendments thereto, the by-
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laws of the condominium and/or of its association, all deeds, mortgages, leases, and any further
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documents affecting the titles or rights of unit owners, or of the condominium or the prior lawful
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acts or deeds of any kind, of the condominium association, its officers, directors, or members.
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(2) Sections 34-36.1-1.05 (separate titles and taxation), 34-36.1-1.06 (applicability of local
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ordinances, regulations, and building codes), 34-36.1-1.07 (eminent domain), 34-36.1-2.03
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(construction and validity of declaration and bylaws), 34-36.1-2.04 (description of units), 34-36.1-
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2.19(b) (mortgage approval), 34-36.1-3.02(a)(1) — (6) and (11) — (17) (powers of unit owners’
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association), 34-36.1-3.06(c) — (d) (bylaws), 34-36.1-3.08 (meetings and notice), 34-36.1-3.11
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(tort and contract liability), 34-36.1-3.13(d) and (k) (unit owner responsibility for master policy
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deductibles), 34-36.1-3.16 (lien for assessments), 34-36.1-3.18 (association records), 34-36.1-4.09
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(resale of units), and 34-36.1-4.17 (effect of violation on rights of action; attorney’s fees), § 34-
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36.1-3.20 (enforcement of declaration, bylaws and rules),
34-36.1-3.22 (applicability of structural
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common element study requirement for condominium association),
and 34-36.1-1.03 (definitions),
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to the extent necessary in construing any of those sections, apply to all condominiums created in
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this state before July 1, 1982; but those sections apply only with respect to events and circumstances
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occurring after July 1, 1982, and do not invalidate existing provisions of the declaration, bylaws,
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plats, or plans of those condominiums.
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(3) A condominium created as an additional phase by amendment of a condominium
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created prior to July 1, 1982, if the original declaration contemplated the amendment, shall be
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deemed to be a condominium created prior to July 1, 1982; provided, however, the provisions of
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subdivision (a)(2) shall apply as defined therein.
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(4) Section 34-36.1-3.21 (foreclosure of condominium lien) applies, with respect to all
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condominiums created in this state prior to June 19, 1991, only with respect to events and
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circumstances occurring after June 18, 1991, does not invalidate existing provisions of the
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declarations, bylaws, plats, or plans of those condominiums, and applies in all respects to all
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condominiums created in this state after June 18, 1991.
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(b) The provisions of the Condominium Ownership Act, chapter 36 of this title, do not
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apply to condominiums created after July 1, 1982, and do not invalidate any amendment to the
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declaration, bylaws, plats, and plans of any condominium created before July 1, 1982, if the
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amendment would be permitted by this chapter. The amendment must be adopted in conformity
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with the procedures and requirements specified by those instruments and by chapter 36 of this title.
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If the amendment grants to any person any rights, powers, or privileges permitted by this chapter,
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all correlative obligations, liabilities, and restrictions in this chapter also apply to that person.
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(c) This chapter does not apply to condominiums or units located outside this state, but the
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public offering statement provisions (§§ 34-36.1-4.02 — 34-36.1-4.07) apply to all contracts for
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the disposition thereof signed in this state by any party unless exempt under § 34-36.1-4.01(b).
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34-36.1-1.03. Definitions.
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In the declaration and bylaws, unless specifically provided otherwise or the context
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otherwise requires, and in this chapter:
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(1) “Affiliate of a declarant” means any person who controls, is controlled by, or is under
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common control with a declarant.
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(i) A person “controls” a declarant if the person:
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(A) Is a general partner, officer, director, or employer of the declarant,
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(B) Directly or indirectly or acting in concert with one or more other persons, or through
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one or more subsidiaries, owns, controls, holds with power to vote, or holds proxies representing,
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more than twenty percent (20%) of the voting interest in the declarant,
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(C) Controls in any manner the election of a majority of the directors of the declarant, or
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(D) Has contributed more than twenty percent (20%) of the capital of the declarant.
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(ii) A person “is controlled by” a declarant if the declarant:
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(A) Is a general partner, officer, director, or employer of the person,
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(B) Directly or indirectly or acting in concert with one or more other persons, or through
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one or more subsidiaries, owns, controls, holds with power to vote, or holds proxies representing,
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more than twenty percent (20%) of the voting interest in the person,
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(C) Controls in any manner the election of a majority of the directors of the person, or
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(D) Has contributed more than twenty percent (20%) of the capital of the person.
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(iii) Control does not exist if the powers described in this subdivision are held solely as
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security for an obligation and are not exercised.
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(2) “Allocated interests” means the undivided interest in the common elements, the
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common expense liability, and votes in the association allocated to each unit.
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(3) “Association” or “unit owners’ association” means the unit owners’ association
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organized under § 34-36.1-3.01.
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(4) “Common elements” means all portions of a condominium other than the units.
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(5) “Common expenses” means expenditures made by or financial liabilities of the
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association, together with any allocations to reserves.
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(6) “Common expense liability” means the liability for common expenses allocated to each
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unit pursuant to § 34-36.1-2.07.
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(7) "Conditions survey" means an assessment of a condominium’s common elements listed
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in GSA 1204 conducted by an engineer, architect, or building inspector licensed in the State of
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Rhode Island with documented experience in analyzing the structural components of residential
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communities for the purposes of identifying repairs or replacements needed to address potential
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safety hazards and to preserve structural integrity.
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(7)
(8)
(i) “Condominium” means real estate, portions of which are designated for separate
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ownership and the remainder of which is designated for common ownership solely by the owners
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of those portions. Real estate is not a condominium unless the undivided interests in the common
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elements are vested in the unit owners.
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(ii) Provided that each unit owner has a vested, undivided interest in the common elements
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greater that 0.0 percent, no minimum percentage interest in the common elements is otherwise
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required by this chapter.
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(8)
(9)
“Conversion building” means a building that at any time before creation of the
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condominium was occupied wholly or partially by persons other than purchasers and persons who
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occupy with the consent of purchasers.
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(9)
(10)
“Declarant” means any person or group of persons acting in concert who:
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(i) As part of a common promotional plan, offers to dispose of his, her or its interest in a
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unit not previously disposed of; or
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(ii) Reserves or succeeds to any special declarant right.
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(10)
(11)
“Declaration” means any instruments, however denominated, that create a
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condominium, and any amendments to those instruments.
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(11)
(12)
“Development rights” means any right or combination of rights reserved by a
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declarant in the declaration to:
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(A) Add real estate to a condominium,
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(B) Create units, common elements, or limited common elements within a condominium,
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(C) Subdivide units or convert units into common elements, or
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(D) Withdraw real estate from a condominium.
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(12)
(13)
“Person with a disability” means any person who is unable to engage in any
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substantial gainful activity by reason of any medically determinable physical or mental impairment
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which can be expected to result in death or has lasted or can be expected to last for a continuous
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period of not less than twelve (12) months or any person having an impairment of mobility or vision
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which is expected to be of at least twelve (12) months duration, and is a substantial impediment to
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his or her ability to live independently.
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(13)
(14)
“Dispose” or “disposition” means a voluntary transfer to a purchaser of any legal
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or equitable interest in a unit, but does not include the transfer or release of a security interest.
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(14)
(15)
“Executive board” means the body, regardless of name, designated in the
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declaration to act on behalf of the association.
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(15)
(16)
[Deleted by P.L. 1999, ch. 83, § 80, and P.L. 1999, ch. 130, § 80 which enacted
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identical amendments to this section.]
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(16)
(17)
“Identifying number” means a symbol or address that identifies only one unit in a
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condominium.
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(17)
(18)
“Land only units” shall mean units designated as land only units on the plats and
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plans which units may be comprised entirely or partially of unimproved real property and the air
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space above the real property. The boundaries of a land only unit are to be described pursuant to §
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34-36.1-2.05(a)(5). Land only units may, but need not, contain a physical structure. The declaration
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may provide for the conversion of land only units to other types of units and/or common elements
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provided the conversion shall be effective only upon the recording of an amendment to the
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declaration which amendment will include new plats and plans identifying any portion of the land
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only unit converted to another type of unit and/or common element.
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(18)
(19)
“Leasehold condominium” means a condominium in which all or a portion of the
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real estate is subject to a lease the expiration or termination of which will terminate the
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condominium or reduce its size.
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(19)
(20)
“Limited common element” means a portion of the common elements allocated
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by the declaration or by operation of § 34-36.1-2.02(2) or (4) for the exclusive use of one or more
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but fewer than all of the units.
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(20)
(21)
“Master association” means an organization described in § 34-36.1-2.20, whether
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or not it is also an association described in § 34-36.1-3.01.
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(21)
(22)
“Offering” means any advertisement, inducement, solicitation, or attempt to
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encourage any person to acquire any interest in a unit, other than as security for an obligation. An
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advertisement in a newspaper or other periodical of general circulation, or in any broadcast medium
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to the general public, of a condominium not located in this state, is not an offering if the
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advertisement states that an offering may be made only in compliance with the law of the
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jurisdiction in which the condominium is located.
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(22)
(23)
“Person” means a natural person, corporation, business trust, estate, trust,
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partnership, association, joint venture, government, governmental subdivision or agency, or other
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legal or commercial entity. (In the case of a land trust, however, “person” means the beneficiary of
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the trust rather than the trust or the trustee.)
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(23)
(24)
“Purchaser” means any person, other than a declarant or a person in the business
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of selling real estate for his or her own account, who by means of a voluntary transfer acquires a
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legal or equitable interest in a unit other than:
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(i) A leasehold interest including renewal options of less than twenty (20) years, or
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(ii) As security for an obligation.
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(24)
(25)
“Real estate” means any leasehold or other estate or interest in, over, or under
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land, including structures, fixtures, and other improvements and interests which by custom, usage,
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or law pass with a conveyance of land though not described in the contract of sale or instrument of
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conveyance. “Real estate” includes parcels with or without upper or lower boundaries, and spaces
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that may be filled with air or water.
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(26) "Reserves study" means an evaluation of the reserves required for future anticipated
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major repairs and replacements of the common elements of a condominium and states
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(i) The normal and estimated remaining useful life of each identified component;
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(ii) The estimated cost of repair or replacement of each identified component;
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(iii) The estimated annual reserve amount necessary to accomplish any identified future
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repair or replacement; and
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(iv) The quantity or size of each identified component using the appropriate measurement,
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such as unit amount, square footage, or cubic feet.
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(27) "Reserves study update" means, for the common elements since the prior reserve study
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was completed within the previous five (5) years, a study that:
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(i) Revises replacement costs, remaining life, and useful life estimates;
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(ii) Analyzes work performed and amounts spent; and
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(iii) Identifies whether any maintenance contracts are in place.
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(25)
(28)
“Residential purposes” means use for dwelling or recreational purposes, or both.
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(26)
(29)
“Special declarant rights” means rights reserved for the benefit of a declarant to:
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(i) Complete improvements indicated on plats and plans filed with the declaration, (§ 34-
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36.1-2.09),
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(ii) To exercise any development right, (§ 34-36.1-2.10),
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(iii) To maintain sales offices, management offices, signs advertising the condominium,
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and models, (§ 34-36.1-2.15),
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(iv) To use easements through the common elements for the purpose of making
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improvements within the condominium or within real estate which may be added to the
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condominium, (§ 34-36.1-2.16),
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(v) To make the condominium part of a larger condominium or a planned community, (§
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34-36.1-2.21),
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(vi) To make the condominium subject to a master association, (§ 34-36.1-2.20),
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(vii) Or to appoint or remove any officer of the association or any master association or
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any executive board member during any period of declarant control, (§ 34-36.1-3.03(d)).
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(27)
(30)
“Time share” means a right to occupy a unit or any of several units during five (5)
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or more separated time periods over a period of at least five (5) years, including renewal options,
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whether or not coupled with an estate or interest in a condominium or a specified portion thereof.
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(28)
(31)
“Unit” means a physical portion of the condominium designated for separate
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ownership or occupancy, the boundaries of which are described pursuant to § 34-36.1-2.05(a)(5).
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(29)
(32)
“Unit owner” means a declarant or other person who owns a unit, or a lessee of a
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unit in a leasehold condominium whose lease expires simultaneously with any lease, the expiration
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or termination of which will remove the unit from the condominium, but does not include a person
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having an interest in a unit solely as security for an obligation.
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SECTION 2. Chapter 34-36.1 of the General Laws entitled "Condominium Law" is hereby
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amended by adding thereto the following section:
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34-36.1-3.22. Applicability of structural common element study requirement for
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condominium associations.
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(a) Any condominium twenty (20) years old or older shall commission a conditions survey
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that includes a timeline by which such repairs and replacements should be completed and shall
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identify areas that should be physically designated as safety hazards with access prohibited. The
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conditions survey and a plan developed by the executive board to address needed repairs and
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replacements shall be shared with all unit owners upon its completion.
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(b) A declarant shall obtain and include a condition survey report, reserve study, and a
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reserve study update, if applicable, in the public offering statement pursuant to § 34-36.1-4.03 that
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references all common elements constructed prior to the declaration of units by the original
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declaration as well as any subsequent amendments that declare additional units. An association
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reserve financial account shall be established no later than twenty (20) days after the recording of
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the declaration in the land evidence records of the city or town where the condominium is located
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and information about such account shall be stated in the public offering statement.
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(c) An association that has not commissioned an initial reserves study or has not conducted
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one within five (5) years shall conduct a reserves study within twelve (12) months of the effective
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date of this legislation unless they are conducting a conditions survey. An association conducting
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a conditions survey that has not had a reserves study done within five (5) years shall conduct a
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reserves study at least at the time the repairs and replacements identified by the conditions survey
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are completed.
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(d) Every condominium association shall conduct a reserves study or a reserves study
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update with engineer review every five (5) years after its initial reserves study.
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(e) All reserve studies shall be conducted, certified, and dated by a reserves study specialist
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(RS ™) certified by the Community Associations Institute or a professional engineer (PE) licensed
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in the state. All reserve studies shall be prepared in conformance with the currently available
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Reserve Study Standards of the Community Associations Institute or similar standards by another
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recognized national organization.
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(f) The most recent reserve study shall be shared with all unit owners upon completion and
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shall be included in the sales certificate for new unit owners within sixty (60) days of its availability
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to unit owners.
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(g) The executive board shall oversee the development of a plan that addresses the short
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term recommendations of the reserve study with respect to the association’s priorities, funding, and
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timelines. Such plan shall be shared with all unit owners. The executive board shall subsequently
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engage in a strategic planning process that includes the reserve study’s recommendations in
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addition to its other goals and objectives. The strategic plan shall be shared with all unit owners
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when completed, the executive board shall report on its progress to all unit owners on an annual
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basis, and it shall be updated at least every five (5) years.
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(h) It is the responsibility of the association’s governing executive board to identify and
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obtain funds needed to address any immediate repairs and replacements identified by a conditions
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survey. Unless the association’s declaration or bylaws state otherwise, the unit owners of the
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association, by a majority vote of a quorum, may determine the source of these finances which
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could include reserves and/or assessments and/or loans, and/or amendment of budget through
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standard procedure.
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(i) The association must maintain a reserves account, separate from the operating account,
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in a regulated financial institution that is regulated to do business in the State of Rhode Island, that
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shall only be used to conduct necessary work as identified in the conditions survey, reserves studies,
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and unexpected needed structural repairs to common elements. The reserves account may also fund
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the required reserves studies. The reserves account shall be funded by at least fifteen percent (15%)
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of the monthly assessment fee by January 1, 2027 and may be supplemented by assessments as
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necessary to maintain the structural integrity of the association’s infrastructure.
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SECTION 3. This act shall take effect on January 1, 2028.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO PROPERTY -- CONDOMINIUM LAW
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This act would amend Rhode Island condominium act to require condominium associations
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to conduct periodic structural conditions surveys and reserve studies, share the results with unit
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owners, develop repair and funding plans, and maintain a separate reserve account funded by at
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least fifteen percent (15%) of monthly assessments.
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This act would take effect on January 1, 2028.
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