Many planned communities are managed by a homeowners association (HOA) in Rhode Island. The laws governing HOAs in Rhode Island are established by various local, state, and federal regulations, in addition to each HOA’s governing documents.
Who Regulates HOAs in Rhode Island?
In Rhode Island, HOAs are regulated by the Rhode Island Condominium Law found in Title 34 Chapter 36 of the Rhode Island General Assembly Laws. This law applies to all real estate where every unit owner holds an interest in the common areas and has private ownership of a portion of the property.
While every HOA has its own individualized structure, their governing documents usually include: Articles of Incorporation, Bylaws, Conditions and Restrictions, Declaration of Covenants, and other rules.
HOAs in Rhode Island may be subject to applicable federal laws such as:
HOAs may be subject to certain state laws such as:
- Rhode Island Business Corporation Act
- Rhode Island Condominium Ownership
- Rhode Island Fair Housing Practices Act
How to Find HOA Regulations in Rhode Island
Documents filed from an HOA are public records in Rhode Island. For the documents to be enforced, they must be recorded with the land evidence records in the town or city where the HOA is located. The documents can be found by visiting the local town or city clerk’s office.
Depending on where the HOA is located, some towns or cities have records available online using the Rhode Island Land Evidence Records website. Records available include building structure and development items.
Alternatively, certain records can also be found online using the Rhode Island Department of State website to conduct a business search. Business records include articles of incorporation and annual reports disclosed to the Rhode Island Department of State.
HOA Powers in Rhode Island
In Rhode Island, an HOA has the power to:
- Collect payments for common expenses
- Regulate common areas
- Collect charges to maintain and operate the common areas
- Levy reasonable fines
- Foreclose on a house for unpaid liens
Moreover, an HOA’s governing documents can grant added powers such as restrictions on membership, parking, fencing, and exterior paint colors.
Can an HOA Impose Fines on a Homeowner in Rhode Island?
An HOA can impose fines on a homeowner in Rhode Island for late payment of assessments and violating its rules. The HOA adds an interest rate to any past-due common expense assessment which cannot exceed 21%.
For any violation of the HOA’s rules and regulations, HOAs are required to provide notice to the homeowner and an opportunity for a hearing before fines can be imposed and enforced. Imposed fines are capped at a daily amount and total amount over time.
Homeowners can be charged a maximum of $100 per day for residential condos or a maximum of $500 per day for commercial condos. The total fine amount imposed on a homeowner cannot exceed $500 for residential condos or $1,000 for commercial condos.
An HOA cannot fine a homeowner for (or generally prohibit) any of the following:
- Installing satellite dishes and antennas
- Installing solar energy panels
- Displaying the American flag so long as the flag is displayed in a manner consistent with federal flag display law
An HOA’s governing documents may include reasonable rules and regulations regarding the placement, manner, and display of the satellite dishes and antennas, solar panels, and American flag.
Can an HOA Take a Homeowner’s House in Rhode Island?
In Rhode Island, an HOA can foreclose on a home within its community. This process includes an HOA placing a lien on a property when the owner neglects to pay their dues. If a lien goes unresolved, the HOA can foreclose on the house.
Evicting homeowners is not in the power of the HOA. However, if the homeowner is leasing a tenant, the HOA may be able to evict the tenant. For example, an HOA may be able to evict a tenant if the lease was not properly authorized by the HOA.
In addition, the HOA may have other powers or restrictions regarding rental properties in its governing documents.
Can an HOA Enter a Homeowner’s Property in Rhode Island?
In Rhode Island, an HOA can enter a homeowner’s property as reasonably necessary to maintain units, common elements, or shared utilities.
Units are private spaces only intended for the property owner’s use but have certain spaces that require maintenance by the HOA, such as balconies. Common elements are the shared spaces around the units owned by the HOA, such as elevators. Shared utilities may include water or trash removal directly provided by the HOA.
Except in the case of an emergency, the HOA must generally give prior notice before entering the property. Usually, an HOA will give 1-2 weeks’ notice, but the timeline of the notice is ultimately determined by the governing documents.
Where Do Homeowners File Complaints Against Their HOA in Rhode Island?
Where to file a complaint against an HOA in Rhode Island depends on the type of complaint.
For complaints concerning HOA fees, a homeowner can file a complaint with the Office of the Attorney General, the Federal Trade Commission, or the Consumer Financial Protection Bureau. Under the Fair Debt Collection Practices Act, homeowners may also file in state or federal court within one year of the violation date.
For complaints of housing discrimination, they can file a complaint with the Rhode Island Commission for Human Rights, the U.S. Department of Urban Housing, or file a private lawsuit in Rhode Island state or federal court.
Alternatively, a homeowner with any other complaints can bring a claim to state court in the appropriate city or town.
Joining and Leaving an HOA in Rhode Island
In Rhode Island, if a person buys a home in an area with a preexisting HOA, they are required to join and abide by the HOA rules. At closing, the homeowner’s realtor should present them with documents explaining the HOA and its rules.
If a person bought a house in an area where an HOA is present, they cannot leave or opt-out of the HOA. To depart from an HOA, the homeowner can sell their house or petition the HOA to have their home removed from the association.
However, there is no guarantee the petition will be granted.
How to Dissolve an HOA in Rhode Island
The process for dissolution of an HOA in Rhode Island may be set forth in the HOA’s governing documents. If not listed, a majority vote by members of the HOA at a meeting is required to move forward with the dissolution.
An HOA can only be dissolved by an agreement of at least 80% of unit homeowners. If approved, the agreeing members will sign a termination agreement, settle any debts, and dispose of assets belonging to the HOA. Necessary documentation, such as Articles of Dissolution, need to be filed with the Rhode Island Secretary of State and recorded in every area where the HOA holds property to complete the dissolution.
Sources
- 1 R.I. Gen. Laws § 34-36.1-2.01
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(a) A condominium may be created pursuant to this chapter only by recording a declaration in the municipal land evidence records. The declaration must be recorded in every municipality in which any portion of the condominium is located, and must be indexed in the grantee’s index in the name of the condominium and the association and in the grantor’s index in the name of each person executing the declaration.
Source Link - 2 R.I. Gen. Law § 34-36.1-3.02
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…the association, even if unincorporated, may… (6) Regulate the use, maintenance, repair, replacement and modification of common elements; (7) Cause additional improvements to be made as a part of the common elements; (10) Impose and receive any payments, fees, or charges for the use, rental, or operation of the common elements other than limited common elements… (4) and for services provided to unit owners; (11) Impose charges for late payment of assessments and, after notice and an opportunity to be heard, levy reasonable fines for violations of the declaration, bylaws, and rules and regulations of the association… (16) Exercise all other powers that may be exercised in this state by legal entities of the same type as the association; and (17) Exercise any other powers necessary and proper for the governance and operation of the association.
Source Link - 3 R.I. Gen Laws § 34-36.1-3.15
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(a) Until the association makes a common expense assessment, the declarant shall pay all common expenses. After any assessment has been made by the association, assessments must be made at least annually, based on a budget adopted at least annually by the association. (b)(1) Except for assessments under subsections (c) — (e), all common expenses must be assessed against all the units in accordance with the allocations set forth in the declaration pursuant to § 34-36.1-2.07(a). Any past due common expense assessment or installment thereof bears interest at the rate established by the association not exceeding twenty-one percent (21%) per year.
Source Link - 4 R.I. Gen. Laws § 34-36.1-3.20
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(a) An executive board may impose and assess fines against a unit owner as a method of enforcing the association’s declaration, bylaws, and rules and regulations. Such fines may include, but are not limited to, daily fines for continued violative conduct in the future. Notice and the opportunity for a hearing must be provided to an alleged violator before a fine is imposed and assessed. All fines shall be a lien on the unit charged. (b) Daily fines imposed and assessed pursuant to this section shall be no more than one hundred dollars ($100) per day for residential condominiums nor more than five hundred dollars ($500) per day for commercial condominiums. (c) Fines other than daily fines imposed and assessed pursuant to this section shall be no more than five hundred dollars ($500) for residential condominiums and no more than one thousand dollars ($1,000) for commercial condominiums.
Source Link - 5 Over-the-Air Reception Devices Rule
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Enforceable placement preferences must be clearly articulated in writing and made available to all residents of the community in question. A requirement that an antenna be located where reception or transmission would be impossible or substantially degraded is prohibited by the rule… A valid enforceable placement preference should not contain prohibited provisions such as prior approval or require professional installation… when an antenna is professionally installed, the installer often determines the location of the antenna at the time of installation based upon the type of antenna installed and the ability of the antenna to receive an acceptable quality signal.
Source Link - 6 R.I. Gen. Laws § 34-40-1
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(1) “Solar easement” means a right, whether or not stated in the form of restriction, easement, covenant, or conditions in any deed, will, or other instrument executed by or on behalf of any owner of land or solar skyspace for the purpose of ensuring adequate exposure of a solar energy system…
Source Link - 7 4 U.S.C. § 5.
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A condominium association, cooperative association, or residential real estate management association may not adopt or enforce any policy, or enter into any agreement, that would restrict or prevent a member of the association from displaying the flag of the United States on residential property within the association with respect to which such member has a separate ownership interest or a right to exclusive possession or use.
Source Link - 8 R.I. Gen Laws § 34-36.1-3.16
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(a) The association has a lien on a unit for any assessment levied against that unit or fines imposed against its unit owner from the time the assessment or fine becomes due. The association’s lien may be foreclosed in accordance with and subject to the provisions of § 34-36.1-3.21. Unless the declaration otherwise provides, attorney’s fees, charges, late charges, fines, and interest charged pursuant to § 34-36.1-3.02(a)(10) — (12) are enforceable as assessments under this section. If an assessment is payable in installments, the full amount of the assessment is a lien from the time the first installment thereof becomes due.
Source Link - 9 R.I. Gen. Laws § 34-36.1-3.01
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A unit owners’ association must be organized no later than the date the first unit in the condominium is conveyed to a purchaser. The membership of the association at all times shall consist exclusively of all the unit owners or, following termination of the condominium, of all former unit owners entitled to distributions of proceeds under § 34-36.1-2.18, or their heirs, successors, or assigns.
Source Link - 10 R.I. Gen. Laws § 34-36.1-2.18
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(a) Except in the case of a taking of all the units by eminent domain § 34-36.1-1.07, a condominium may be terminated only by agreement of unit owners of units to which at least eighty percent (80%) of the votes in the association are allocated, or any larger percentage the declaration specifies… (b) An agreement to terminate must be evidenced by the execution of a termination agreement, or ratifications thereof, in the same manner as a deed, by the requisite number of unit owners. The termination agreement must specify a date after which the agreement will be void unless it is recorded before that date. A termination agreement and all ratifications thereof must be recorded in every municipality in which a portion of the condominium is situated, and is effective only upon recordation.
Source Link - 11 R.I. Gen. Laws § 7-1.2-1301
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(1) Articles of dissolution are executed by a majority of the incorporators, and verified by them… (2) The original articles of dissolution are delivered to the secretary of state…
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