Rhode Island HOA Laws 2026: Condominium Act & HOA Governance (R.I. Gen. Laws § 34-36.1)

Rhode Island's Condominium Act (R.I. Gen. Laws §§ 34-36.1-1.01 through 34-36.1-4.20) is based on the Uniform Condominium Act and provides a comprehensive framework for Rhode Island condominium associations. Rhode Island planned community HOAs operate under their CC&Rs and general Rhode Island corporation law. Rhode Island is a small state with a relatively concentrated HOA market, particularly in coastal and suburban communities.

Rhode Island Condominium Act: Key Provisions

The Rhode Island Condominium Act applies to all condominiums created under it. Key provisions include: the declaration and bylaws framework, the executive board structure, unit owner voting rights, assessment authority, lien rights for unpaid assessments, and resale disclosure requirements. The Act is closely modeled on the Uniform Condominium Act and shares many provisions with UCIOA states.

Resale Disclosure Requirements

R.I. Gen. Laws § 34-36.1-4.09 requires condominium associations to provide a resale disclosure certificate within 10 days of request. The certificate must disclose: current assessments, pending special assessments, the current budget, reserve fund balance, and any outstanding litigation. Buyers have 5 business days after receipt to rescind the purchase contract.

Assessment Liens in Rhode Island

R.I. Gen. Laws § 34-36.1-3.16 grants condominium associations a statutory lien for unpaid assessments. The lien is created automatically when assessments become delinquent and must be perfected by recording in the land evidence records of the city or town where the property is located. Rhode Island allows judicial foreclosure of condominium assessment liens.

Planned Community HOAs in Rhode Island

Rhode Island does not have a separate Planned Community Act for single-family subdivision HOAs. These associations operate under their CC&Rs as recorded restrictive covenants and Rhode Island nonprofit corporation law. Enforcement of CC&R violations is through injunctive relief and damages in Superior Court. Courts enforce clear CC&R restrictions as equitable servitudes running with the land.

Open Meeting Requirements

Rhode Island condominium associations must conduct annual meetings open to all unit owners. Board meetings should be open to owners per the bylaws and best practice. Executive sessions are appropriate for personnel matters, pending litigation, and individual member violations. Meeting minutes must be kept and made available to owners on request.

Best Practices for Rhode Island Boards

• For condos: follow the Rhode Island Condominium Act precisely for lien and foreclosure procedures
• For planned communities: your CC&Rs are your primary governing law
• Provide resale disclosure certificates within 10 days of request
• Maintain a reserve fund and document your reserve planning annually
• Send written violation notices citing the specific provision violated
• Keep all financial records for at least 5 years