2023 -- H 5416
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LC001414
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S TATE OF RHODE IS LAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2023
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A N A C T
RELATING TO PROPERTY -- CONDOMINIUM OWNERSHIP
Introduced By: Representative Patricia A. Serpa
Date Introduced: February 08, 2023
Referred To: House Corporations
It is enacted by the General Assembly as follows:
SECTION 1. Section 34-36-29 of the General Laws in Chapter 34-36 entitled 1
"Condominium Ownership" is hereby amended to read as follows: 2
34-36-29. Insurance. 3
(a) The manager, management committee, or association of unit owners, if required by the 4
declaration, bylaws, or by a majority of the unit owners, or at the request of a mortgagee having a 5
first mortgage of record covering a unit, shall have the authority to, and shall, obtain insurance for 6
the property against loss or damage by fire and other hazards under the terms and for amounts as 7
shall be required or requested. Insurance coverage shall be written on the property in the name of 8
the manager, management committee, or association of unit owners, as trustee for each of the unit 9
owners in the percentages established in the declaration. Premiums on insurance shall be common 10
expenses. Provision for insurance shall be without prejudice to the right of each unit owner to insure 11
his or her own unit for his or her benefit. Provided, however, a unit’s owners insurance policy shall 12
become the primary insurance policy with respect to any loss covered by the association’s policy 13
but not payable under the association’s policy because of the application of the deductible. 14
(b) In the event a unit owner sustains damage to their unit as a result of an event that is 15
covered under the insurance coverage purchased in accordance with subsection (a), then, upon 16
written request to the condominium association, the unit owner shall be entitled to a written copy 17
from the condominium association of the insurance company damage appraisal, or any damage 18
appraisal in regard to damage to the owner’s unit, within fourteen (14) calendar days of the date of 19
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the unit owner’s request, or within fourteen (14) days of the association’s receipt of the damage 1
appraisal, whichever is later. If coverage for the damage to a unit is denied for any reason, or is 2
deemed to be valued below the policy deductible, then the unit owner shall also be entitled to 3
receive, from the association, a copy of the letter detailing the determination. 4
SECTION 2. This act shall take effect upon passage. 5
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO PROPERTY -- CONDOMINIUM OWNERSHI P
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This act would provide that a condominium unit owners policy would be the primary 1
insurance policy with respect to any loss covered by the association’s policy but not payable under 2
the association’s policy because of the application of the deductible. 3
This act would take effect upon passage. 4
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LC001414
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