2026 -- H 7411 | |
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LC004419 | |
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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 | |
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Introduced By: Representative Scott Slater | |
Date Introduced: January 30, 2026 | |
Referred To: House Corporations | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 34-36.1-4.9 of the General Laws in Chapter 34-36.1 entitled |
2 | "Condominium Law" is hereby amended to read as follows: |
3 | 34-36.1-4.09. Resale of units. |
4 | (a) Except in the case of a sale where delivery of a public offering statement is required, or |
5 | unless exempt under § 34-36.1-4.01(b), a unit owner shall furnish to a purchaser before execution |
6 | of any contract for sale of a unit, or otherwise before conveyance, a copy of the declaration (other |
7 | than the plats and plans), the bylaws, the rules or regulations of the association, and a certificate |
8 | containing: |
9 | (1) A statement disclosing the effect on the proposed disposition of any right of first refusal |
10 | or other restraint on the free alienability of the unit; |
11 | (2) A statement setting forth the amount of the monthly common expense assessment and |
12 | any unpaid common expense or special assessment currently due and payable from the selling unit |
13 | owner; |
14 | (3) A statement of any other fees payable by unit owners; |
15 | (4) A statement of any capital expenditures anticipated by the association for the current |
16 | and two (2) next succeeding fiscal years; |
17 | (5) A statement of the amount of any reserves for capital expenditures and of any portions |
18 | of those reserves designated by the association for any specified projects; |
19 | (6) The most recent regularly prepared balance sheet and income and expense statement, |
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1 | if any, of the association; |
2 | (7) The current operating budget of the association; |
3 | (8) A statement of any unsatisfied judgments against the association and the status of any |
4 | pending suits in which the association is a defendant; |
5 | (9) A statement describing any insurance coverage provided for the benefit of unit owners; |
6 | (10) A statement as to whether the executive board has knowledge that any alterations or |
7 | improvements to the unit or to the limited common elements assigned thereto violate any provision |
8 | of the declaration; |
9 | (11) A statement as to whether the executive board has knowledge of any violations of the |
10 | health or building codes with respect to the unit, the limited common elements assigned thereto, or |
11 | any other portion of the condominium; and |
12 | (12) A statement of the remaining term of any leasehold estate affecting the condominium |
13 | and the provisions governing any extension or renewal thereof. |
14 | (b)(1) The association, within ten (10) days after a request by a unit owner, shall furnish a |
15 | certificate containing the information necessary to enable the unit owner to comply with this |
16 | section. |
17 | (2) The association may require a unit owner to pay a fee that does not exceed: |
18 | (i) one One hundred twenty-five dollars ($125) to prepare and provide an electronic version |
19 | or physical version of the resale certificate; or |
20 | (ii) Twenty-five dollars ($25.00) to provide an updated electronic version or physical |
21 | version of resale certification. |
22 | (3) In addition to those remedies as set forth in § 34-36.1-4.17, any association that fails to |
23 | provide a certificate to the unit owner within ten (10) days of a written request by the unit owner is |
24 | subject to a civil penalty of not less than one hundred dollars ($100) nor more than five hundred |
25 | dollars ($500) per occurrence. |
26 | (4) A unit owner providing a certificate pursuant to subsection (a) is not liable to the |
27 | purchaser for any erroneous information provided by the association and included in the certificate. |
28 | (c) A purchaser is not liable for any unpaid assessment or fee greater than the amount set |
29 | forth in the certificate prepared by the association. A unit owner is not liable to a purchaser for the |
30 | failure or delay of the association to provide the certificate in a timely manner, but the purchaser |
31 | contract is voidable by the purchaser until the certificate has been provided and for five (5) days |
32 | thereafter or until conveyance, whichever first occurs. |
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1 | SECTION 2. This act shall take effect on September 1, 2026. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO PROPERTY -- CONDOMINIUM LAW | |
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1 | This act would require condominium associations to charge a reduced fee to update a |
2 | condominium resale certificate after issuance of the initial certificate. |
3 | This act would take effect on September 1, 2026. |
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