| 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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| LC000901 |
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