2015 -- S 0657 SUBSTITUTE A

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LC001679/SUB A/2

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO PROPERTY -- ALTERATIONS OF UNITS

     Introduced By: Senator Michael J. McCaffrey

     Date Introduced: March 11, 2015

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 34-36.1-2.11 of the General Laws in Chapter 34-36.1 entitled

"Condominium Law" is hereby amended to read as follows:

     34-36.1-2.11. Alterations of units. -- Subject to the provisions of the declaration and

other provisions of law, a unit owner:

      (1) May make any improvements or alterations to his or her unit that do not impair the

structural integrity or mechanical systems or lessen the support of any portion of the

condominium;

      (2) May not change the appearance of the common elements, or the exterior appearance

of a unit or any other portion of the condominium, without permission of the association;

      (3) After acquiring an adjoining unit or an adjoining part of an adjoining unit, may

remove or alter any intervening partition or create apertures therein, even if the partition in whole

or in part is a common element, if those acts do not impair the structural integrity or mechanical

systems or lessen the support of any portion of the condominium. Removal of partitions or

creation of apertures under this subdivision is not an alteration of boundaries.

     (4) May improve or alter his or her unit beyond its existing footprint and/or unit

boundaries if: (i) The unit is a free standing unattached unit; and (ii) The condominium

declaration permits the same. Any improvement, alteration and/or expansion of a unit under this

subsection shall not be considered an alteration or change of unit boundaries, or allocated

interests. Any improvement, alteration and/or expansion of a unit under this subsection shall be

subject to any restrictions, conditions or process contained in the declaration. Nothing in this

section shall be construed to prevent further amendments to condominium declarations that may

choose to prohibit any improvement, alteration and/or expansion of a unit under this subsection.

Any unit owner aggrieved by a decision or action under this subsection may appeal said decision

or action to the superior court for review.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PROPERTY -- ALTERATIONS OF UNITS

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     This act would allow a unit owner to improve or alter a unit beyond its existing footprint

if the unit is a free standing unattached unit and the condominium declaration permits the same.

     This act would take effect upon passage.

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