Rhode Island 2023 Regular Session

Rhode Island Senate Bill S1083 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3
4	4
5	5	2023 -- S 1083
6	6	========
7	7	LC003075
8	8	========
9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO PROPERTY -- CONDOMINIUM LAW
16	16	Introduced By: Senators F. Lombardi, Zurier, McKenney, Burke, and Lauria
17	17	Date Introduced: May 26, 2023
18	18	Referred To: Senate Judiciary
19	19
20	20
21	21	It is enacted by the General Assembly as follows:
22	22	SECTION 1. Sections 34-36.1-1.02 and 34-36.1-3.08 of the General Laws in Chapter 34-1
23	23	36.1 entitled "Condominium Law" are hereby amended to read as follows: 2
24	24	34-36.1-1.02. Applicability. 3
25	25	(a)(1) This chapter applies to all condominiums created within this state after July 1, 1982, 4
26	26	except that any condominium created within this state prior to July 1, 1982, may voluntarily accept 5
27	27	the provisions of this chapter in lieu of the provisions under which it was originally organized. 6
28	28	Acceptance shall be evidenced by an agreement in writing executed by and in behalf of the 7
29	29	condominium association and by all of the owners of all of the individual condominium units within 8
30	30	the condominium, in which agreement it is clearly stated that they all accept the provisions of this 9
31	31	chapter in lieu of those in the statute under which the condominium was organized and wish to be 10
32	32	governed in the future by the provisions of this chapter. The agreement shall be recorded in the 11
33	33	land evidence records of each and every town or city where all or any part of the land in the 12
34	34	condominium concerned may be located and shall become effective when first so recorded. The 13
35	35	acceptance shall only apply to the governance of the condominium concerned as to all matters 14
36	36	which are prospective or executory in nature; and nothing herein shall be deemed to abrogate, 15
37	37	amend, limit, effect, or impair the continued effectiveness, legality, or validity of all actions 16
38	38	lawfully taken by or in behalf of the condominium prior to the effective date of the acceptance, 17
39	39	including, but without limitation, the condominium declaration and all amendments thereto, the by-18
40	40	laws of the condominium and/or of its association, all deeds, mortgages, leases and any further 19
41	41
42	42
43	43	LC003075 - Page 2 of 4
44	44	documents affecting the titles or rights of unit owners, or of the condominium or the prior lawful 1
45	45	acts or deeds of any kind, of the condominium association, its officers, directors, or members. 2
46	46	(2) Sections 34-36.1-1.05 (separate titles and taxation), 34-36.1-1.06 (applicability of local 3
47	47	ordinances, regulations, and building codes), 34-36.1-1.07 (eminent domain), 34-36.1-2.03 4
48	48	(construction and validity of declaration and bylaws), 34-36.1-2.04 (description of units), 34-36.1-5
49	49	3.02(a)(1) — (6) and (11) — (17) (powers of unit owners’ association), 34-36.1-3.08 (meetings), 6
50	50	34-36.1-3.11 (tort and contract liability), 34-36.1-3.16 (lien for assessments), 34-36.1-3.18 7
51	51	(association records), 34-36.1-4.09 (resale of units), and 34-36.1-4.17 (effect of violation on rights 8
52	52	of action; attorney’s fees), § 34-36.1-3.20 (enforcement of declaration, bylaws and rules), and 34-9
53	53	36.1-1.03 (definitions), to the extent necessary in construing any of those sections, apply to all 10
54	54	condominiums created in this state before July 1, 1982; but those sections apply only with respect 11
55	55	to events and circumstances occurring after July 1, 1982 and do not invalidate existing provisions 12
56	56	of the declaration, bylaws, plats, or plans of those condominiums. 13
57	57	(3) A condominium created as an additional phase by amendment of a condominium 14
58	58	created prior to July 1, 1982, if the original declaration contemplated the amendment, shall be 15
59	59	deemed to be a condominium created prior to July 1, 1982; provided, however, the provisions of 16
60	60	subdivision (a)(2) shall apply as defined therein. 17
61	61	(4) Section 34-36.1-3.21 (foreclosure of condominium lien) applies, with respect to all 18
62	62	condominiums created in this state prior to June 19, 1991, only with respect to events and 19
63	63	circumstances occurring after June 18, 1991, does not invalidate existing provisions of the 20
64	64	declarations, bylaws, plats, or plans of those condominiums, and applies in all respects to all 21
65	65	condominiums created in this state after June 18, 1991. 22
66	66	(b) The provisions of the Condominium Ownership Act, chapter 36 of this title, do not 23
67	67	apply to condominiums created after July 1, 1982 and do not invalidate any amendment to the 24
68	68	declaration, bylaws, plats, and plans of any condominium created before July 1, 1982 if the 25
69	69	amendment would be permitted by this chapter. The amendment must be adopted in conformity 26
70	70	with the procedures and requirements specified by those instruments and by chapter 36 of this title. 27
71	71	If the amendment grants to any person any rights, powers, or privileges permitted by this chapter, 28
72	72	all correlative obligations, liabilities, and restrictions in this chapter also apply to that person. 29
73	73	(c) This chapter does not apply to condominiums or units located outside this state, but the 30
74	74	public offering statement provisions (§§ 34-36.1-4.02 — 34-36.1-4.07) apply to all contracts for 31
75	75	the disposition thereof signed in this state by any party unless exempt under § 34-36.1-4.01(b). 32
76	76	34-36.1-3.08. Meetings. 33
77	77	(a) A meeting of the association must be held at least once each year. Special meetings of 34
78	78
79	79
80	80	LC003075 - Page 3 of 4
81	81	the association may be called by the president, a majority of the executive board or by unit owners 1
82	82	having twenty percent (20%), or any lower percentage specified in the bylaws, of the votes in the 2
83	83	association. Not less than ten (10) nor more than sixty (60) days in advance of any meeting, the 3
84	84	secretary or other officer specified in the bylaws shall cause notice to be hand delivered or sent 4
85	85	prepaid by United States mail to the mailing address of each unit or to any other mailing address 5
86	86	designated in writing by the unit owner. Notice may be sent electronically if authorized in the 6
87	87	declaration or bylaws. The notice of any meeting must state the time and place of the meeting and 7
88	88	the items on the agenda, including the general nature of any proposed amendment to the declaration 8
89	89	or bylaws, any budget changes, and any proposal to remove a director or officer. 9
90	90	(b) Unless authorized in the declaration or bylaws pursuant to subsection (c) of this section, 10
91	91	all association meetings shall take place in a physical location located in the city or town or, if not 11
92	92	possible, in the county where the condominium in located. Unit owners shall have the right to be 12
93	93	counted in order to establish a quorum and to communicate with all other unit owners participating 13
94	94	and to vote at association meetings in person or by proxy at the physical location of the meeting or 14
95	95	remotely as provided in subsection (d) of this section. 15
96	96	(c) Notwithstanding subsection (b) of this section, if authorized in the declaration or 16
97	97	bylaws, all association meetings may be conducted entirely or partially by remote means as 17
98	98	provided in subsection (d) of this section. 18
99	99	(d) If authorized in the declaration of bylaws, the executive board may provide that at any 19
100	100	association meeting unit owners shall have the right to be counted in order to establish a quorum 20
101	101	and to communicate with all other unit owners participating and to vote at the association meeting 21
102	102	using remote means that support image, voice and data transfer over digital networks or telephone 22
103	103	circuits. The notice of meeting shall identify the remote platform being used and provide the 23
104	104	necessary access information to allow unit owners to participate. 24
105	105	SECTION 2. This act shall take effect upon passage. 25
106	106	========
107	107	LC003075
108	108	========
109	109
110	110
111	111	LC003075 - Page 4 of 4
112	112	EXPLANATION
113	113	BY THE LEGISLATIVE COUNCIL
114	114	OF
115	115	A N A C T
116	116	RELATING TO PROPERTY -- CONDOMINIUM LAW
117	117	***
118	118	This act would provide that the "meetings" requirements from § 34-36.1-3.08 be applicable 1
119	119	to condominiums created before July 1, 1982 and would permit remote participation in 2
120	120	condominium meetings. 3
121	121	This act would take effect upon passage. 4
122	122	========
123	123	LC003075
124	124	========
125	125