2020 -- H 7152 | |
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LC002991 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2020 | |
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A N A C T | |
RELATING TO PROPERTY -- CONDOMINIUM ADMINISTRATION | |
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Introduced By: Representatives Corvese, Canario, Azzinaro, and Ucci | |
Date Introduced: January 16, 2020 | |
Referred To: House Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 34-36.1-3.03 of the General Laws in Chapter 34-36.1 entitled |
2 | "Condominium Law" is hereby amended to read as follows: |
3 | 34-36.1-3.03. Executive board members and officers. |
4 | (a) Except as provided in the declaration, the bylaws, subsection (b), or in other |
5 | provisions of this chapter, the executive board may act in all instances on behalf of the |
6 | association. In the performance of their duties, the officers and members of the executive board |
7 | owe a fiduciary duty to their unit owners. are required to exercise: |
8 | (1) If appointed by the declarant, the care required of fiduciaries of the unit owners; and |
9 | (2) If elected by the unit owners, ordinary and reasonable care. |
10 | (b) The executive board may not act on behalf of the association to amend the declaration |
11 | (ยง 34-36.1-2.17), to terminate the condominium, or to elect members of the executive board or |
12 | determine the qualifications, powers and duties, or terms of office of executive board members, |
13 | but the executive board may fill vacancies in its membership for the unexpired portion of any |
14 | term. |
15 | (c) Within thirty (30) days after adoption of any proposed budget for the condominium, |
16 | the executive board shall provide a summary of the budget to all the unit owners, and shall set a |
17 | date for a meeting of the unit owners to consider ratification of the budget not less than fourteen |
18 | (14) nor more than thirty (30) days after mailing of the summary. Unless at that meeting a |
19 | majority of all the unit owners or any larger vote specified in the declaration reject the budget, the |
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1 | budget is ratified, whether or not a quorum is present. In the event the proposed budget is |
2 | rejected, the periodic budget last ratified by the unit owners shall be continued until such time as |
3 | the unit owners ratify a subsequent budget proposed by the executive board. |
4 | (d)(1) Subject to subsection (e), the declaration may provide for a period of declarant |
5 | control of the association, during which period a declarant, or persons designated by him, may |
6 | appoint and remove the officers and members of the executive board. Regardless of the period |
7 | provided in the declaration, a period of declarant control terminates no later than the earlier of: |
8 | (i) Sixty (60) days after conveyance of eighty percent (80%) of the units which may be |
9 | created to unit owners other than a declarant; |
10 | (ii) Two (2) years after all declarants have ceased to offer units for sale in the ordinary |
11 | course of business; or |
12 | (iii) Two (2) years after any development right to add new units was last exercised. |
13 | (2) A declarant may voluntarily surrender the right to appoint and remove officers and |
14 | members of the executive board before terminations of that period, but in that event he or she |
15 | may require, for the duration of the period of declarant control, that specified actions of the |
16 | association or executive board, as described in a recorded instrument executed by the declarant, |
17 | be approved by the declarant before they become effective. |
18 | (e) Not later than sixty (60) days after conveyance of twenty-five percent (25%) of the |
19 | units which may be created to unit owners other than a declarant, at least one member and not |
20 | less than twenty-five percent (25%) of the members of the executive board must be elected by |
21 | unit owners other than the declarant. Not later than sixty (60) days after conveyance of fifty |
22 | percent (50%) of the units which may be created to unit owners other than a declarant, not less |
23 | than one-third (1/3) of the members of the executive board must be elected by unit owners other |
24 | than the declarant. |
25 | (f) Not later than the termination of any period of declarant control, the unit owners shall |
26 | elect an executive board of at least three (3) members, at least a majority of whom must be unit |
27 | owners. The executive board shall elect the officers. The executive board members and officers |
28 | shall take office upon election. |
29 | (g) Notwithstanding any provision of the declaration or bylaws to the contrary, the unit |
30 | owners, by a two-thirds (2/3) vote of all persons present and entitled to vote at any meeting of the |
31 | unit owners at which a quorum is present, may remove any member of the executive board with |
32 | or without cause, other than a member appointed by the declarant. |
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1 | SECTION 2. This act shall take effect upon passage. |
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LC002991 | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO PROPERTY -- CONDOMINIUM ADMINISTRATION | |
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1 | This act would increase the duty of care owed by condominium officers and executive |
2 | board members to their unit owners from ordinary and reasonable care to a fiduciary duty. |
3 | This act would take effect upon passage. |
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