Chapter 180
2025 -- S 0508
Enacted 06/24/2025

A N   A C T
RELATING TO PROPERTY -- CONDOMINIUM LAW

Introduced By: Senators McKenney, Britto, LaMountain, Burke, and Appollonio

Date Introduced: February 26, 2025

It is enacted by the General Assembly as follows:
     SECTION 1. Sections 34-36.1-1.2 and 34-36.1-2.19 of the General Laws in Chapter 34-
36.1 entitled "Condominium Law" are hereby amended to read as follows:
     34-36.1-1.02. Applicability.
     (a)(1) This chapter applies to all condominiums created within this state after July 1, 1982,
except that any condominium created within this state prior to July 1, 1982, may voluntarily accept
the provisions of this chapter in lieu of the provisions under which it was originally organized.
Acceptance shall be evidenced by an agreement in writing executed by and in behalf of the
condominium association and by all of the owners of all of the individual condominium units within
the condominium, in which agreement it is clearly stated that they all accept the provisions of this
chapter in lieu of those in the statute under which the condominium was organized and wish to be
governed in the future by the provisions of this chapter. The agreement shall be recorded in the
land evidence records of each and every town or city where all or any part of the land in the
condominium concerned may be located and shall become effective when first so recorded. The
acceptance shall only apply to the governance of the condominium concerned as to all matters
which are prospective or executory in nature; and nothing herein shall be deemed to abrogate,
amend, limit, effect, or impair the continued effectiveness, legality, or validity of all actions
lawfully taken by or in behalf of the condominium prior to the effective date of the acceptance,
including, but without limitation, the condominium declaration and all amendments thereto, the by-
laws of the condominium and/or of its association, all deeds, mortgages, leases, and any further
documents affecting the titles or rights of unit owners, or of the condominium or the prior lawful
acts or deeds of any kind, of the condominium association, its officers, directors, or members.
     (2) Sections 34-36.1-1.05 (separate titles and taxation), 34-36.1-1.06 (applicability of local
ordinances, regulations, and building codes), 34-36.1-1.07 (eminent domain), 34-36.1-2.03
(construction and validity of declaration and bylaws), 34-36.1-2.04 (description of units), 34-36.1-
2.19(b) (mortgage approval), 34-36.1-3.02(a)(1) — (6) and (11) — (17) (powers of unit owners’
association), 34-36.1-3.06(c) — (d) (bylaws), 34-36.1-3.11 (tort and contract liability), 34-36.1-
3.16 (lien for assessments), 34-36.1-3.18 (association records), 34-36.1-4.09 (resale of units), and
34-36.1-4.17 (effect of violation on rights of action; attorney’s fees), § 34-36.1-3.20 (enforcement
of declaration, bylaws and rules), and 34-36.1-1.03 (definitions), to the extent necessary in
construing any of those sections, apply to all condominiums created in this state before July 1,
1982; but those sections apply only with respect to events and circumstances occurring after July
1, 1982, and do not invalidate existing provisions of the declaration, bylaws, plats, or plans of those
condominiums.
     (3) A condominium created as an additional phase by amendment of a condominium
created prior to July 1, 1982, if the original declaration contemplated the amendment, shall be
deemed to be a condominium created prior to July 1, 1982; provided, however, the provisions of
subdivision (a)(2) shall apply as defined therein.
     (4) Section 34-36.1-3.21 (foreclosure of condominium lien) applies, with respect to all
condominiums created in this state prior to June 19, 1991, only with respect to events and
circumstances occurring after June 18, 1991, does not invalidate existing provisions of the
declarations, bylaws, plats, or plans of those condominiums, and applies in all respects to all
condominiums created in this state after June 18, 1991.
     (b) The provisions of the Condominium Ownership Act, chapter 36 of this title, do not
apply to condominiums created after July 1, 1982, and do not invalidate any amendment to the
declaration, bylaws, plats, and plans of any condominium created before July 1, 1982, if the
amendment would be permitted by this chapter. The amendment must be adopted in conformity
with the procedures and requirements specified by those instruments and by chapter 36 of this title.
If the amendment grants to any person any rights, powers, or privileges permitted by this chapter,
all correlative obligations, liabilities, and restrictions in this chapter also apply to that person.
     (c) This chapter does not apply to condominiums or units located outside this state, but the
public offering statement provisions (§§ 34-36.1-4.02 — 34-36.1-4.07) apply to all contracts for
the disposition thereof signed in this state by any party unless exempt under § 34-36.1-4.01(b).
     34-36.1-2.19. Rights of secured lenders.
     (a) The declaration may require that all or a specified number or percentage of the
mortgagees or beneficiaries of deeds of trust encumbering the units approve specified actions of
the unit owners or the association as a condition to the effectiveness of those actions, but no
requirement for approval may operate to:
     (1) Deny or delegate control over the general administrative affairs of the association by
the unit owners or the executive board, or
     (2) Prevent the association or the executive board from commencing, intervening in, or
settling any litigation or proceedings, or receiving and distributing any insurance proceeds except
pursuant to § 34-36.1-3.13.
     (b) When approval of any actions of the unit owners or the association is required of all or
a specified number or percentage of the unit mortgagees by this chapter or the declaration or bylaws
as a condition of the effectiveness of those actions, written requests for approval shall be mailed by
United States Postal Service, regular mail and certified mail, return receipt requested, to unit
mortgagees at the mailing addresses referenced on mortgage documents recorded in the land
evidence records. If a unit mortgagee fails to provide a written denial of approval to the party
requesting approval within sixty-five (65) days after the mailing of the request, the unit mortgagee
shall be deemed to have approved the request. All written requests for approval to unit mortgagees
shall reference this section.
     SECTION 2. This act shall take effect upon passage.
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