2026 -- H 7854 | |
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LC003539 | |
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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: Representatives Casimiro, Donovan, Potter, Alzate, and Shallcross Smith | |
Date Introduced: February 27, 2026 | |
Referred To: House Corporations | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Sections 34-36.1-3.08 and 34-36.1-3.18 of the General Laws in Chapter 34- |
2 | 36.1 entitled "Condominium Law" are hereby amended to read as follows: |
3 | 34-36.1-3.08. Meetings and notice Meetings and notice, open guidance, minutes, |
4 | executive session. |
5 | (a) A meeting of the association must be held at least once each year. Special meetings of |
6 | the association may be called by the president, a majority of the executive board or by unit owners |
7 | having twenty percent (20%), or any lower percentage specified in the bylaws, of the votes in the |
8 | association. Special meetings requested by unit owners of at least twenty percent (20%), or any |
9 | lower percentage specified in the bylaws, of the votes in the association must be called by the |
10 | executive board if the stated purpose is to propose an amendment of the declaration or bylaws, |
11 | reject the budget, remove a director or officer and elect a replacement, or for any other purpose of |
12 | which the unit owners are entitled to vote, except for the general election of board members which |
13 | is to take place at the annual meeting. Not less than ten (10) nor more than sixty (60) days in |
14 | advance of any meeting, the secretary or other officer specified in the bylaws shall cause notice to |
15 | be hand delivered or sent prepaid by United States mail to the mailing address of each unit or to |
16 | any other mailing address designated in writing by the unit owner. |
17 | (b) The notice of any meeting must state the time and place of the meeting and the items |
18 | on the agenda, including the general nature of any proposed amendment to the declaration or |
19 | bylaws, any budget changes, and any proposal to remove a director or officer. |
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1 | (c) Notwithstanding any provisions in the declaration or bylaws to the contrary, the |
2 | association may conduct regular or special meetings of the executive board and annual or special |
3 | meetings of the unit owners by electronic means so that physical presence is not required. All |
4 | association meetings that take place in a physical location shall be in the county where the |
5 | condominium is located. All association meetings may be held fully or partially by telephonic or |
6 | video conference or other interactive electronic communication process as determined by the |
7 | executive board; provided, however, that all participants shall be able to simultaneously |
8 | communicate with each other during the meeting. Presence by such electronic means shall satisfy |
9 | any quorum and voting requirements in the association’s governing documents as well as the |
10 | requirements of §§ 34-36.1-3.09 and 34-36.1-3.10. Where participation by electronic means is |
11 | provided for, the notice of any meeting shall, in addition to the requirements of subsection (b) of |
12 | this section, also identify the remote platform being used and provide the necessary access |
13 | information to all unit owners to participate. |
14 | (d) Where a regular or special meeting of the executive board is held fully or partially by |
15 | electronic means pursuant to subsection (c) of this section and a quorum has been established, the |
16 | executive board may vote on any action properly before the board by electronic means including, |
17 | but not limited to, email, telephonic conferencing, video conferencing, and electronic voting |
18 | platforms. Where an annual or special meeting of the unit owners is held fully or partially by |
19 | electronic means pursuant to subsection (c) of this section and a quorum has been established, the |
20 | unit owners may vote on any action before the membership by electronic means including, but not |
21 | limited to, telephonic conferencing, video conferencing, or electronic voting platforms, or mail-in |
22 | ballot, as determined by the executive board. If the declaration or bylaws requires the signature of |
23 | unit owners for such voting or proxies, unit owners may electronically submit their signatures as |
24 | determined by the executive board. |
25 | (e) Notwithstanding subsection (a) of this section and any provisions in the declaration or |
26 | bylaws to the contrary, notice of any meeting may alternatively, or additionally, be provided |
27 | electronically to a unit owner’s email address if such email address has been designated in writing |
28 | by the unit owner along with written consent to receive meeting notices from the association |
29 | electronically. Any meeting notice may also be provided alternatively, or additionally, by posting |
30 | the notice to a secure website or portal of the association or of the association’s agent, if the unit |
31 | owner has consented in writing to receive meeting notices from the association via electronic |
32 | posting. Unit owners may opt out of electronic delivery or electronic posting of meeting notices at |
33 | any time by written revocation submitted to the association. |
34 | (f) Regular and special meetings of the executive board shall be open to unit owners, except |
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1 | for executive sessions convened to discuss privileged legal communications, personnel matters, or |
2 | delinquencies of specific owners. The executive board shall provide a reasonable opportunity for |
3 | owner comment, at the meeting, on agenda items prior to any vote. |
4 | (g) Notice. Not less than five (5) days prior to any regular meeting of the executive board |
5 | and no less than twenty-four (24) hours for special meetings, the executive board shall provide |
6 | owners with the date, time, agenda topics, and physical and/or remote access instructions by |
7 | reasonable means, including electronic notice where an owner has consented. |
8 | (h) Minutes. Minutes of executive board and unit owner meetings shall be recorded, |
9 | approved, and made available to owners within thirty (30) days after approval. Executive-session |
10 | minutes shall state the general topic and legal basis without privileged detail. |
11 | (i) Annual meeting. The annual meeting of unit owners shall include presentation of the |
12 | budget, (if there is no separate budget meeting otherwise held in that fiscal year), reserves status, |
13 | update on insurance coverages, and notice of any significant contracts entered into by the |
14 | association, with any advance materials made available not less than ten (10) days before the |
15 | meeting. |
16 | 34-36.1-3.18. Association records Association records - Access to records, timelines, |
17 | formats, penalties. |
18 | (a) The association shall keep financial records sufficiently detailed to enable the |
19 | association to comply with § 34-36.1-4.09. All financial and other records shall be made reasonably |
20 | available for examination within thirty (30) days of a request by any unit owner and his or her |
21 | authorized agent. |
22 | (b) Records requested pursuant to this section shall include minutes, insurance policies, |
23 | bank statements, signed contracts, reserve and condition studies, results of any financial review or |
24 | audit, and paid vendor invoices. |
25 | SECTION 2. Chapter 34-36.1 of the General Laws entitled "Condominium Law" is hereby |
26 | amended by adding thereto the following section: |
27 | 34-36.1-3.22. Financial audits for condominium associations. |
28 | (a) Applicability. Every condominium association organized under this chapter that |
29 | governs more than twenty (20) units shall be subject to the financial review requirements set forth |
30 | in this section. |
31 | (b) Financial review requirement. Each association subject to this section shall obtain an |
32 | independent financial review of the association’s books, records, and accounts at least once every |
33 | five (5) fiscal years. |
34 | (c) Reviewer qualifications. The review shall be conducted by a certified public accountant |
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1 | licensed in this state, who is independent of the association, its managing agent, and any officer or |
2 | employee of the association. |
3 | (d) Distribution of review. A copy of the completed review shall be: |
4 | (1) Provided to the executive board upon completion; and |
5 | (2) Made available to all unit owners upon request, and provided to any unit owner who |
6 | requests a copy in writing, subject to reasonable copying costs. |
7 | (e) Cost of review. The cost of the review shall be a common expense of the association. |
8 | (f) Financial review discrepancies. In the event the financial review report identifies any |
9 | inconsistencies, the executive board shall proceed to a full audit, which cost shall be a common |
10 | expense and complete in accordance with subsection (c) of this section and distributed pursuant to |
11 | subsection (d) of this section. |
12 | SECTION 3. This act shall take effect upon passage. |
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LC003539 | |
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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 amend various sections of the condominium law to enhance transparency |
2 | and establish a condominium ombudsman. |
3 | This act would take effect upon passage. |
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LC003539 | |
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