2023 -- H 5843

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LC001128

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO PROPERTY -- CONDOMINIUM LAW

     Introduced By: Representative Patricia A. Serpa

     Date Introduced: March 01, 2023

     Referred To: House Corporations

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 34-36.1-1.02 and 34-36.1-3.08 of the General Laws in Chapter 34-

36.1 entitled "Condominium Law" are hereby amended to read as follows:

     34-36.1-1.02. Applicability.

     (a)(1) This chapter applies to all condominiums created within this state after July 1, 1982,

except that any condominium created within this state prior to July 1, 1982, may voluntarily accept

the provisions of this chapter in lieu of the provisions under which it was originally organized.

Acceptance shall be evidenced by an agreement in writing executed by and in behalf of the

condominium association and by all of the owners of all of the individual condominium units within

the condominium, in which agreement it is clearly stated that they all accept the provisions of this

chapter in lieu of those in the statute under which the condominium was organized and wish to be

governed in the future by the provisions of this chapter. The agreement shall be recorded in the

land evidence records of each and every town or city where all or any part of the land in the

condominium concerned may be located and shall become effective when first so recorded. The

acceptance shall only apply to the governance of the condominium concerned as to all matters

which are prospective or executory in nature; and nothing herein shall be deemed to abrogate,

amend, limit, effect, or impair the continued effectiveness, legality, or validity of all actions

lawfully taken by or in behalf of the condominium prior to the effective date of the acceptance,

including, but without limitation, the condominium declaration and all amendments thereto, the by-

laws of the condominium and/or of its association, all deeds, mortgages, leases and any further

documents affecting the titles or rights of unit owners, or of the condominium or the prior lawful

acts or deeds of any kind, of the condominium association, its officers, directors, or members.

     (2) Sections 34-36.1-1.05 (separate titles and taxation), 34-36.1-1.06 (applicability of local

ordinances, regulations, and building codes), 34-36.1-1.07 (eminent domain), 34-36.1-2.03

(construction and validity of declaration and bylaws), 34-36.1-2.04 (description of units), 34-36.1-

3.02(a)(1) — (6) and (11) — (17) (powers of unit owners’ association), 34-36.1-3.08 (meetings),

34-36.1-3.11 (tort and contract liability), 34-36.1-3.16 (lien for assessments), 34-36.1-3.18

(association records), 34-36.1-4.09 (resale of units), and 34-36.1-4.17 (effect of violation on rights

of action; attorney’s fees), § 34-36.1-3.20 (enforcement of declaration, bylaws and rules), and 34-

36.1-1.03 (definitions), to the extent necessary in construing any of those sections, apply to all

condominiums created in this state before July 1, 1982; but those sections apply only with respect

to events and circumstances occurring after July 1, 1982 and do not invalidate existing provisions

of the declaration, bylaws, plats, or plans of those condominiums.

     (3) A condominium created as an additional phase by amendment of a condominium

created prior to July 1, 1982, if the original declaration contemplated the amendment, shall be

deemed to be a condominium created prior to July 1, 1982; provided, however, the provisions of

subdivision (a)(2) shall apply as defined therein.

     (4) Section 34-36.1-3.21 (foreclosure of condominium lien) applies, with respect to all

condominiums created in this state prior to June 19, 1991, only with respect to events and

circumstances occurring after June 18, 1991, does not invalidate existing provisions of the

declarations, bylaws, plats, or plans of those condominiums, and applies in all respects to all

condominiums created in this state after June 18, 1991.

     (b) The provisions of the Condominium Ownership Act, chapter 36 of this title, do not

apply to condominiums created after July 1, 1982 and do not invalidate any amendment to the

declaration, bylaws, plats, and plans of any condominium created before July 1, 1982 if the

amendment would be permitted by this chapter. The amendment must be adopted in conformity

with the procedures and requirements specified by those instruments and by chapter 36 of this title.

If the amendment grants to any person any rights, powers, or privileges permitted by this chapter,

all correlative obligations, liabilities, and restrictions in this chapter also apply to that person.

     (c) This chapter does not apply to condominiums or units located outside this state, but the

public offering statement provisions (§§ 34-36.1-4.02 — 34-36.1-4.07) apply to all contracts for

the disposition thereof signed in this state by any party unless exempt under § 34-36.1-4.01(b).

     34-36.1-3.08. Meetings.

     (a) A meeting of the association must be held at least once each year. Special meetings of

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the association may be called by the president, a majority of the executive board or by unit owners

having twenty percent (20%), or any lower percentage specified in the bylaws, of the votes in the

association. Not less than ten (10) nor more than sixty (60) days in advance of any meeting, the

secretary or other officer specified in the bylaws shall cause notice to be hand delivered or sent

prepaid by United States mail to the mailing address of each unit or to any other mailing address

designated in writing by the unit owner. The notice of any meeting must state the time and place of

the meeting and the items on the agenda, including the general nature of any proposed amendment

to the declaration or bylaws, any budget changes, and any proposal to remove a director or officer.

     (b) All association meetings shall take place in a physical location located in the city or

town or, if not possible, in the county where the condominium is located. Unit owners shall have

the right to be counted in order to establish a quorum and to participate and vote at association

meetings in person or by proxy at the physical location of the meeting or remotely; provided, that

unit owners not present at the physical location of the meeting are able to communicate with unit

owners present at the physical location of the meeting by alternate reasonable methods using

systems that support image, voice and data transfer over digital networks or telephone circuits.

     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 -- CONDOMINIUM LAW

***

     This act would provide that the "meetings" requirements from § 34-36.1-3.08 be applicable

to condominiums created before July 1, 1982 and would permit remote participation in

condominium meetings.

     This act would take effect upon passage.

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