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S2899A
2026 -- S 2899 SUBSTITUTE A
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LC005047/SUB A/2
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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 McKenney, Raptakis, Britto, Zurier, and Bissaillon
Date Introduced:
March 04, 2026
Referred To:
Senate Housing & Municipal Government
It is enacted by the General Assembly as follows:
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SECTION 1. Sections 34-36.1-1.2, 34-36.1-3.08 and 34-36.1-3.18 of the General Laws in
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Chapter 34-36.1 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
, open meetings,
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minutes, executive session
), 34-36.1-3.11 (tort and contract liability), 34-36.1-3.13(d) and (k) (unit
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owner responsibility for master policy deductibles), 34-36.1-3.16 (lien for assessments), 34-36.1-
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3.18 (association records), 34-36.1-4.09 (resale of units), and 34-36.1-4.17 (effect of violation on
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rights of action; attorney’s fees), § 34-36.1-3.20 (enforcement of declaration, bylaws and rules),
§
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34-36.1-3.22 (financial audits for condominium associations),
and 34-36.1-1.03 (definitions), to
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the extent necessary in construing any of those sections, apply to all condominiums created in this
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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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34-36.1-3.08.
Meetings and notice
Meetings and notice, open meetings, minutes,
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executive session.
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(a) A meeting of the association must be held at least once each year. Special meetings of
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the association may be called by the president, a majority of the executive board or by unit owners
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having twenty percent (20%), or any lower percentage specified in the bylaws, of the votes in the
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association. Special meetings requested by unit owners of at least twenty percent (20%), or any
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lower percentage specified in the bylaws, of the votes in the association must be called by the
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executive board if the stated purpose is to propose an amendment of the declaration or bylaws,
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reject the budget, remove a director or officer and elect a replacement, or for any other purpose of
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which the unit owners are entitled to vote, except for the general election of board members which
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is to take place at the annual meeting. Not less than ten (10) nor more than sixty (60) days in
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advance of any meeting, the secretary or other officer specified in the bylaws shall cause notice to
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be hand delivered or sent prepaid by United States mail to the mailing address of each unit or to
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any other mailing address designated in writing by the unit owner.
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(b) The notice of any meeting must state the time and place of the meeting and the items
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on the agenda, including the general nature of any proposed amendment to the declaration or
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bylaws, any budget changes, and any proposal to remove a director or officer.
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(c) Notwithstanding any provisions in the declaration or bylaws to the contrary, the
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association may conduct regular or special meetings of the executive board and annual or special
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meetings of the unit owners by electronic means so that physical presence is not required. All
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association meetings that take place in a physical location shall be in the county where the
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condominium is located. All association meetings may be held fully or partially by telephonic or
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video conference or other interactive electronic communication process as determined by the
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executive board; provided, however, that all participants shall be able to simultaneously
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communicate with each other during the meeting. Presence by such electronic means shall satisfy
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any quorum and voting requirements in the association’s governing documents as well as the
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requirements of §§ 34-36.1-3.09 and 34-36.1-3.10. Where participation by electronic means is
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provided for, the notice of any meeting shall, in addition to the requirements of subsection (b) of
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this section, also identify the remote platform being used and provide the necessary access
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information to all unit owners to participate.
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(d) Where a regular or special meeting of the executive board is held fully or partially by
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electronic means pursuant to subsection (c) of this section and a quorum has been established, the
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executive board may vote on any action properly before the board by electronic means including,
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but not limited to, email, telephonic conferencing, video conferencing, and electronic voting
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platforms. Where an annual or special meeting of the unit owners is held fully or partially by
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electronic means pursuant to subsection (c) of this section and a quorum has been established, the
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unit owners may vote on any action before the membership by electronic means including, but not
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limited to, telephonic conferencing, video conferencing, or electronic voting platforms, or mail-in
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ballot, as determined by the executive board. If the declaration or bylaws requires the signature of
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unit owners for such voting or proxies, unit owners may electronically submit their signatures as
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determined by the executive board.
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(e) Notwithstanding subsection (a) of this section and any provisions in the declaration or
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bylaws to the contrary, notice of any meeting may alternatively, or additionally, be provided
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electronically to a unit owner’s email address if such email address has been designated in writing
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by the unit owner along with written consent to receive meeting notices from the association
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electronically. Any meeting notice may also be provided alternatively, or additionally, by posting
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the notice to a secure website or portal of the association or of the association’s agent, if the unit
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owner has consented in writing to receive meeting notices from the association via electronic
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posting. Unit owners may opt out of electronic delivery or electronic posting of meeting notices at
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any time by written revocation submitted to the association.
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(f) Regular and special meetings of the executive board shall be open to unit owners, except
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for executive sessions convened to discuss privileged legal communications, personnel matters, or
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delinquencies of specific owners. The executive board shall provide a reasonable opportunity for
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owner comment, at the meeting, on agenda items prior to any vote.
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(g) Notice. Not less than five (5) days prior to any regular meeting of the executive board
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and no less than twenty-four (24) hours for special meetings, the executive board shall provide
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owners with the date, time, agenda topics, and physical and/or remote access instructions for the
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executive board meeting. Notwithstanding subsections (a) and (e) of this section, notice of
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executive board meetings may be provided solely electronically to a unit owner's email address on
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file with the association, without requiring prior written consent from the unit owner to receive
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notices electronically. In addition to such electronic notice, the association may post the notice on
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a secure association website or portal, community website, community bulletin board, or other
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location customarily used by the association for notices, if any; provided, however, that this
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subsection shall not require an association to create, maintain, or use any website, portal, bulletin
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board, or other posting location that does not otherwise exist or is not customarily used by the
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association for notices. This subsection shall not alter the notice requirements applicable to annual
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or special meetings of the unit owners.
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(h) Minutes. Minutes of executive board and unit owner meetings shall be recorded,
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approved, and made available to owners within thirty (30) days after approval. Executive-session
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minutes shall state the general topic and legal basis without privileged detail.
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(i) Annual meeting. The annual meeting of unit owners shall include presentation of the
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budget, (if there is no separate budget meeting otherwise held in that fiscal year), reserves status,
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update on insurance coverages, and notice of any significant contracts entered into by the
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association, with any advance materials made available not less than ten (10) days before the
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meeting.
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34-36.1-3.18.
Association records
Association records - Access to records, timelines,
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formats, penalties.
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(a)
The association shall keep financial records sufficiently detailed to enable the
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association to comply with § 34-36.1-4.09. All financial and other records shall be made reasonably
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available for examination within thirty (30) days of a request by any unit owner and his or her
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authorized agent.
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(b) Records requested pursuant to this section shall include minutes, insurance policies,
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bank statements, signed contracts, reserve and condition studies, results of any financial review or
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audit, and paid vendor invoices.
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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. Financial audits for condominium associations.
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(a) Applicability. Every condominium association organized under this chapter that
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governs more than twenty (20) units shall be subject to the financial review requirements set forth
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in this section.
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(b) Financial review requirement. Each association subject to this section shall obtain an
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independent financial review of the association’s books, records, and accounts at least once every
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five (5) fiscal years.
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(c) Reviewer qualifications. The review shall be conducted by a certified public accountant
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licensed in this state, who is independent of the association, its managing agent, and any officer or
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employee of the association.
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(d) Distribution of review. A copy of the completed review shall be:
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(1) Provided to the executive board upon completion; and
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(2) Made available to all unit owners upon request, and provided to any unit owner who
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requests a copy in writing, subject to reasonable copying costs.
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(e) Cost of review. The cost of the review shall be a common expense of the association.
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(f) Financial review discrepancies. In the event the financial review report identifies any
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inconsistencies, the executive board shall proceed to a full audit, which cost shall be a common
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expense and complete in accordance with subsection (c) of this section and distributed pursuant to
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subsection (d) of this section.
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SECTION 3. This act shall take effect upon passage.
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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 various sections of the condominium law to enhance transparency
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and would require that regular and special meetings of the executive board be open to unit owners.
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This act would take effect upon passage.
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