2024 -- S 2647

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LC005384

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO PROPERTY -- CONDOMINIUM LAW

     Introduced By: Senators McKenney, and Raptakis

     Date Introduced: March 01, 2024

     Referred To: Senate Housing & Municipal Government

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 34-36.1-1.02 and 34-36.1-3.06 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-

3.02(a)(1) — (6) and (11) — (17) (powers of unit owners’ association), 34-36.1-3.06(c) through

(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).

     34-36.1-3.06. Bylaws.

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

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

association;

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

officers of the association the bylaws specify;

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

removing executive board members and officers and filling vacancies;

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

persons or to a managing agent;

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

declaration on behalf of the association; and

     (6) The method of amending the bylaws.

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

matters the association deems necessary and appropriate.

     (c) The bylaws of the association and rules referenced in the declaration or bylaws, and

any amendments thereof, shall be recorded in the municipal land evidence records in every

municipality in which any portion of the condominium is located.

     (d) Bylaws and rules recorded subsequent to the recording of the declaration shall be

certified by two (2) members of the executive board, unless a greater certification is required by

the declaration or bylaws.

     SECTION 2. 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 require the recording of the bylaws and rules of the association in the land

evidence records of the city or town the condominium is located in and require amendments to the

original filings to be certified by two (2) or more members of the executive board.

     This act would take effect upon passage.

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