2022 -- H 7525 SUBSTITUTE A

========

LC004821/SUB A/2

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

____________

A N   A C T

RELATING TO PROPERTY -- CONDOMINIUM LAW

     

     Introduced By: Representative Patricia A. Serpa

     Date Introduced: February 18, 2022

     Referred To: House Corporations

     It is enacted by the General Assembly as follows:

1

     SECTION 1. Section 34-36.1-3.6 of the General Laws in Chapter 34-36.1 entitled

2

"Condominium Law" is hereby amended to read as follows:

3

     34-36.1-3.06. Bylaws Bylaws and rules and regulations.

4

     (a) The bylaws of the association must shall provide for:

5

     (1) The number of members of the executive board and the titles of the officers of the

6

association;

7

     (2) Election by the executive board of a president, treasurer, secretary, and any other

8

officers of the association the bylaws specify;

9

     (3) The qualifications, powers and duties, terms of office, and manner of electing and

10

removing executive board members and officers and filling vacancies;

11

     (4) Which, if any, of its powers the executive board or officers may delegate to other

12

persons or to a managing agent;

13

     (5) Which of its officers may prepare, execute, certify and record amendments to the

14

declaration on behalf of the association; and

15

     (6) The method of amending the bylaws.

16

     (b) Subject to the provisions of the declaration, the bylaws may provide for any other

17

matters the association deems necessary and appropriate.

18

     (c) Notwithstanding anything to the contrary in this chapter, condominium associations

19

with five (5) or more condominium units subject to the provisions of this chapter shall have the

 

1

current version of their bylaws and the rules and regulations, as amended, on record in every

2

municipality in which the declaration is recorded. The bylaws and rules and regulations shall be

3

certified by two (2) members of the executive board.

4

     (d) Any amendments to the bylaws and/or rules and regulations of any condominium

5

association with five (5) or more units shall be recorded within ninety (90) days. Any amendments

6

to the bylaws and/or rules and regulations shall be prepared, executed, recorded, and certified on

7

behalf of the condominium association by an officer of the condominium association designated

8

for that purpose, or in the absence of such designation, by the president of the condominium

9

association.

10

     SECTION 2. This act shall take effect upon passage.

========

LC004821/SUB A/2

========

 

LC004821/SUB A/2 - Page 2 of 3

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PROPERTY -- CONDOMINIUM LAW

***

1

     This act would require condominium associations with five (5) or more units to record their

2

bylaws and rules and regulations in the same municipality as the recorded declaration, and any

3

amendments thereto, within ninety (90) days of enactment.

4

     This act would take effect upon passage.

========

LC004821/SUB A/2

========

 

LC004821/SUB A/2 - Page 3 of 3