Rhode Island HOA Governing Statute
Overview — How HOAs are governed in Rhode Island
Rhode Island governs community associations through two distinct tracks. Condominiums operate under a uniform-law-derived statute. Non-condominium planned communities — traditional single-family subdivisions and townhome HOAs that are not organized as condominiums — have no comprehensive state statute and operate primarily under their recorded covenants.
The principal statute is the Rhode Island Condominium Act, R.I. Gen. Laws § 34-36.1-1.01 et seq., enacted in 1982 and applicable to condominiums created on or after July 1, 1982.1 Condominiums created before that date remain under the older Condominium Ownership Act, R.I. Gen. Laws § 34-36-1 et seq., which the General Assembly enacted in 1963.2
One feature of the 1982 Act stands out for multi-state operators: the association assessment lien carries true super-priority. The Rhode Island Supreme Court confirmed in Twenty Eleven, LLC v. Botelho, 127 A.3d 897 (R.I. 2015), a 4-1 decision handed down December 4, 2015, that a properly conducted condominium foreclosure under the Act can extinguish a prior first mortgage on a unit.3
Rhode Island also has no intermediate appellate court. Civil HOA appeals proceed directly from the Rhode Island Superior Court to the Rhode Island Supreme Court.4
For non-condominium planned communities, the recorded declaration and the Rhode Island Nonprofit Corporation Act, R.I. Gen. Laws § 7-6, do most of the governing work — not a planned community act.5
The statutory framework
The Rhode Island Condominium Act
The Rhode Island Condominium Act is codified at R.I. Gen. Laws § 34-36.1-1.01 et seq. and was enacted by P.L. 1982, ch. 329.6 The Rhode Island Supreme Court has stated that the Act "essentially incorporated the language contained in the Uniform Condominium Act," the 1980 model statute, rather than the later Uniform Common Interest Ownership Act.7 That lineage matters because Rhode Island courts treat the official Commissioners' Comments to the Uniform Condominium Act as guidance on legislative intent.7
By its own applicability provision, § 34-36.1-1.02, the Act governs all condominiums created in Rhode Island after July 1, 1982. A condominium created before that date may voluntarily accept the Act by recording an agreement to that effect. A defined set of sections — including the lien, records, resale, and enforcement provisions — also reaches pre-1982 condominiums for events occurring after July 1, 1982, and the foreclosure section reaches pre-1991 condominiums for events after June 18, 1991.8
The Act is organized into four articles. Article I sets out general provisions, including the short title, applicability, and definitions. Article II covers creation, alteration, and termination of condominiums, including the declaration, plats and plans, and termination. Article III governs management of the condominium, including the unit owners' association, the executive board, meetings, assessments, liens, and foreclosure. Article IV addresses protection of condominium purchasers, including the public offering statement, resale certificates, and warranties.9
Key defined terms appear at § 34-36.1-1.03. They include "condominium," defined as real estate with portions designated for separate ownership and the remainder for common ownership; "common elements," meaning all portions other than the units; "common expenses"; "declarant"; and "declaration," meaning the instruments that create a condominium and any amendments.10 The declaration and bylaws are the operative governing documents for each condominium and must conform to the Act.
The Act's most consequential feature is the super-priority lien at § 34-36.1-3.16(b)(2). The association's assessment lien holds priority over a recorded first mortgage to the extent of common-expense assessments that would have become due during the six months immediately preceding foreclosure, plus capped costs and attorney's fees. The statute caps recoverable attorney's fees at $2,500 and foreclosure costs at $5,000, for a total of $7,500.11
The Rhode Island Condominium Ownership Act and Pre-1982 Condominiums
The older statute is the Condominium Ownership Act, R.I. Gen. Laws § 34-36-1 et seq., enacted in 1963 by P.L. 1963, ch. 181.12 It provides a general framework for the creation, management, and operation of condominiums and continues to apply to condominiums created before July 1, 1982 that have not opted into the newer Act. A property becomes subject to this chapter by recording a declaration. Its provisions include applicability at § 34-36-2, definitions at § 34-36-3, declaration recording at § 34-36-10, bylaw provisions at § 34-36-16, records of management at § 34-36-17, unit liens at § 34-36-19, and payment of common expenses at § 34-36-20.13
Determining which statute governs a given condominium turns on the creation date and on whether the association has recorded an acceptance of the newer Act. A condominium created after July 1, 1982 is governed by Chapter 34-36.1. A condominium created before that date is governed by Chapter 34-36 unless it has formally accepted the newer chapter, with certain Chapter 34-36.1 sections reaching back regardless.
The practical implication is significant: the older Chapter 34-36 does not contain a six-month super-priority assessment lien comparable to § 34-36.1-3.16(b)(2). Its lien provisions address unit-level liens and absolute liability for common expenses but do not prime a prior first mortgage in the same way.14 Counsel handling a pre-1982 condominium should not assume the super-priority mechanism is available.
Non-Condominium Planned Communities and the Role of CC&Rs
Rhode Island has no comprehensive planned community statute. For non-condominium homeowners associations — single-family subdivisions and townhome communities that are not organized as condominiums — the recorded declaration of covenants, conditions, and restrictions is the primary governing document.
Most such associations incorporate as nonprofit corporations and are therefore subject to the Rhode Island Nonprofit Corporation Act, R.I. Gen. Laws § 7-6, which supplies default rules for board procedures, membership, meetings, and recordkeeping, including the books-and-records provision at § 7-6-30.15
The order of precedence for a non-condominium HOA generally runs from the recorded declaration and any recorded plat, to the bylaws, to the rules adopted by the board, with the Nonprofit Corporation Act filling gaps for the corporate entity. Because no condominium-style statute supplies substantive owner protections, common law contract and property doctrine — including the interpretation and enforcement of restrictive covenants — does most of the analytical work in disputes.
Compliance obligations created by the statutory framework
Governance obligations
For condominiums under Chapter 34-36.1, the Act requires an organized unit owners' association (§ 34-36.1-3.01), an executive board (§ 34-36.1-3.03), bylaws (§ 34-36.1-3.06), at least one meeting a year with notice (§ 34-36.1-3.08), quorum rules (§ 34-36.1-3.09), and voting and proxy rules (§ 34-36.1-3.10). Owner inspection of records is mandated by § 34-36.1-3.18, which requires financial and other records to be made reasonably available within thirty days of a written request.16 Many of these provisions are mandatory baselines that the declaration or bylaws may supplement but not eliminate. For pre-1982 condominiums under Chapter 34-36, governance is driven by the bylaws, with records of management addressed at § 34-36-17. For non-condominium HOAs, governance obligations flow from the declaration and from the Nonprofit Corporation Act, including § 7-6-30 on books and records.
Financial obligations
For condominiums, the executive board must adopt a periodic budget and levy assessments for common expenses under § 34-36.1-3.15, and surplus funds are addressed at § 34-36.1-3.14.17 The defining financial mechanism is the assessment lien and its super-priority component. Under § 34-36.1-3.16(b)(2), the association's lien is prior to a recorded first mortgage to the extent of common-expense assessments for the six months immediately preceding foreclosure, plus capped costs and fees.
In Twenty Eleven, LLC v. Botelho, the Rhode Island Supreme Court held that a properly conducted condominium foreclosure under the Act can extinguish a prior-recorded first mortgage where the mortgagee neither pays the delinquency nor exercises the redemption right in § 34-36.1-3.21(c).18 The lien arises automatically and the recording of the declaration perfects it under § 34-36.1-3.16(d). These provisions are statutory and are not freely waivable by the declaration.
The older Chapter 34-36 does not provide an equivalent super-priority lien. Non-condominium HOAs depend on lien and assessment authority granted in their recorded covenants rather than on a statutory super-priority lien.
Disclosure obligations
Article IV of the Condominium Act imposes disclosure duties on declarants and sellers. A declarant must furnish a public offering statement under § 34-36.1-4.03 and related sections when offering units. On resale, § 34-36.1-4.09 requires the selling unit owner to obtain and furnish a resale certificate from the association disclosing assessments, fees, budgets, and other financial information.19
The foreclosure section, § 34-36.1-3.21(d), also requires the association on request to provide an itemized statement separating the super-priority common-expense portion from other charges, along with the most recent budget.20 These obligations are mandatory for transactions within their scope. For non-condominium HOAs, disclosure depends on the covenants and on general real estate disclosure practice rather than a condominium-style statutory resale certificate.
Dispute resolution obligations
The Condominium Act authorizes the association to enforce the declaration, bylaws, and rules under § 34-36.1-3.20, and § 34-36.1-4.17 addresses the effect of violations on rights of action and the availability of attorney's fees.21 The Act's good-faith obligation (§ 34-36.1-1.11) and the requirement that remedies be liberally administered (§ 34-36.1-1.12) inform enforcement.
Before a non-judicial foreclosure, the association must give specific notices to the unit owner and the first mortgagee under § 34-36.1-3.16(b)(4) and § 34-36.1-3.21.22 These notice provisions are mandatory procedural protections. For non-condominium HOAs, dispute resolution and any notice-and-opportunity-to-cure process derive from the recorded covenants and the Nonprofit Corporation Act rather than from a condominium statute.
Rhode Island's recent legislative and judicial activity
Recent bills
Rhode Island's recent legislative activity has focused on modernizing how condominium associations conduct meetings and give notice.
H5156A · P.L. 2025, ch. 123 & ch. 136 · 2025 Regular Session
The General Assembly enacted House Bill H5156A and its Senate companion, codified as P.L. 2025, ch. 123 and ch. 136, amending the condominium meetings provision at § 34-36.1-3.08, retitled "Meetings and notice." The legislation requires the executive board to call a special meeting when 20 percent of unit owners request one — or a lower percentage set by the bylaws — for purposes on which owners may vote, such as amending bylaws or the declaration, removing a director or officer, or rejecting the budget. A special meeting cannot substitute for the general election of officers at the annual meeting. The law also permits boards and members to meet and vote electronically so long as all participants can communicate simultaneously, requires any in-person meeting to be held in the county where the condominium is located, and allows electronic delivery of notices with owner consent.23,24
| Property managers | Update meeting and notice procedures to honor owner-initiated special meetings and to run compliant electronic meetings with simultaneous communication. |
| HOA board members | A qualifying 20 percent owner petition compels a special meeting on stated agenda items; boards may not substitute a broader or narrower agenda. |
| Community association attorneys | Review and conform bylaws to the new statutory defaults, which override conflicting bylaw provisions on electronic meetings and notice. |
| Homeowners | Owners gain a clearer statutory right to convene special meetings and to participate remotely. |
Recent court rulings
Rhode Island's Supreme Court has recently addressed owner rights to call and conduct special meetings, reinforcing the statutory notice protections under the Condominium Act.
Song v. Lemoine
Unit owners Boyang Song and Travis McCune, owners at The 903 condominium complex in Providence, gathered the required signatures and submitted a special-meeting notice with specific agenda items concerning gas metering and a ratio-utility billing change. The board rejected their notice as too narrow and issued its own. The Rhode Island Supreme Court vacated the Superior Court judgment for the board, holding that the owners satisfied the signature requirement and that their proposed notice complied with § 34-36.1-3.08. The trial justice erred by evaluating the merits of individual agenda motions and granting relief the parties had not sought. Because Rhode Island has no intermediate appellate court, this appeal proceeded directly from the Superior Court to the Supreme Court.25
| Property managers | When owners meet the signature threshold, process their special-meeting notice as submitted rather than redrafting the agenda. |
| HOA board members | Boards cannot block a qualifying special meeting by deeming the owners' agenda improper; substantive objections belong at the meeting, not the gatekeeping stage. |
| Community association attorneys | Courts will enforce the statutory notice right and avoid advisory rulings on agenda content not squarely challenged by the parties. |
| Homeowners | This ruling confirms a practical, enforceable mechanism to put owner-driven issues to a vote. |
Active legislative debates
Rhode Island lawmakers are weighing broader reforms to the Condominium Act, with proposals emerging from the House Speaker's 2026 housing package.
Rep. June Speakman · 2026 Housing Package
On February 26, 2026, House Speaker K. Joseph Shekarchi unveiled a housing package that includes a proposal by Representative June Speakman to create a legislative commission to study and modernize the Condominium Act. The Speaker's office noted the Act "has not been reviewed or amended in more than a decade." The package also includes related condominium affordability and reserve-study proposals that drew opposition from some associations.26
| Property managers | Monitor rilegislature.gov for commission recommendations; reserve-study requirements could affect annual budgeting and disclosure obligations. |
| HOA board members | If a comprehensive Act review moves forward, engage the process early to preserve governance flexibility in any revised statute. |
| Community association attorneys | A wholesale Act review could reopen foundational questions about lien priority, election procedures, and reserve mandates. |
| Homeowners | Affordability proposals signal that lawmakers are examining whether condo ownership costs — particularly reserve assessments — need regulatory limits. |
National positioning and related coverage
Rhode Island is a hybrid jurisdiction. Its condominium coverage derives from the 1980 Uniform Condominium Act, while non-condominium planned communities are CC&R-primary, governed by recorded covenants and the Nonprofit Corporation Act rather than a dedicated statute.
Two features distinguish the state for multi-state operators. First, the condominium super-priority lien confirmed in Twenty Eleven, LLC v. Botelho gives associations real leverage — it can extinguish a first mortgage, placing Rhode Island among the true super-priority states. Second, the direct-appeal court structure, with no intermediate appellate court and the Rhode Island Supreme Court serving as the sole appellate court, mirrors New Hampshire, Vermont, Maine, Montana, and South Dakota.
For firms operating across state lines, the practical implications are clear. Condominium collection and foreclosure carry outsized priority value in Rhode Island. Appellate exposure runs straight to the state's highest court. Federal frameworks, including the Fair Housing Act and the Servicemembers Civil Relief Act, also apply to Rhode Island associations alongside the state statutory scheme described here.
Closing note
Rhode Island's framework rewards careful threshold analysis. The first question — is this a condominium or a non-condominium planned community, and when was it created — determines nearly everything that follows. Post-1982 condominiums operate under a statute with real teeth: a super-priority lien, mandatory disclosure obligations, and owner-protective enforcement provisions. Pre-1982 condominiums face a more limited regime that lacks the super-priority mechanism. Non-condominium HOAs operate on the strength of their recorded covenants alone.
The 2025 meetings-and-notice amendment modernized electronic participation and owner-initiated special meeting rights for post-1982 condominiums. Song v. Lemoine has now given those rights practical force: boards cannot gatekeep a qualifying petition. And House Speaker Shekarchi's 2026 housing package signals that a broader review of the Condominium Act is under active discussion — one that could touch reserve requirements, affordability, and the statute's overall architecture. The direct path from Superior Court to the Supreme Court means appellate outcomes carry particular weight here, with no intermediate stage to absorb or redirect the impact.
Footnotes
- R.I. Gen. Laws § 34-36.1-1.01, Short title; § 34-36.1-1.02, Applicability — Rhode Island General Assembly, Title 34, Chapter 36.1 ↩
- R.I. Gen. Laws § 34-36-1 et seq., Condominium Ownership Act — Rhode Island General Assembly, Title 34, Chapter 36 ↩
- Twenty Eleven, LLC v. Botelho, 127 A.3d 897 (R.I. 2015) — FindLaw, Rhode Island Supreme Court ↩
- Rhode Island Judiciary, Court Structure — Supreme Court as sole appellate court; Superior Court for general civil matters ↩
- R.I. Gen. Laws § 7-6, Rhode Island Nonprofit Corporation Act — Rhode Island General Assembly, Title 7, Chapter 6 ↩
- R.I. Gen. Laws § 34-36.1-1.01, History of Section (P.L. 1982, ch. 329) — Rhode Island General Assembly ↩
- Twenty Eleven, LLC v. Botelho, 127 A.3d 897 (R.I. 2015) (quoting America Condominium Ass'n, Inc. v. IDC, Inc., 844 A.2d 117, 127 (R.I. 2004)) — FindLaw, Rhode Island Supreme Court ↩
- R.I. Gen. Laws § 34-36.1-1.02, Applicability — FindLaw, Rhode Island Statutes ↩
- Rhode Island General Assembly, Chapter 34-36.1 Index — Articles I–IV, Condominium Act structure ↩
- R.I. Gen. Laws § 34-36.1-1.03, Definitions — FindLaw, Rhode Island Statutes ↩
- R.I. Gen. Laws § 34-36.1-3.16(b)(2), Lien for assessments — Rhode Island General Assembly, Title 34, Chapter 36.1, Article III ↩
- R.I. Gen. Laws § 34-36-1, Short title, History of Section (P.L. 1963, ch. 181) — Rhode Island General Assembly, Title 34, Chapter 36 ↩
- R.I. Gen. Laws Chapter 34-36 Section Index — §§ 34-36-2, 34-36-3, 34-36-10, 34-36-16, 34-36-17, 34-36-19, 34-36-20 — Rhode Island General Assembly ↩
- R.I. Gen. Laws § 34-36-19, Unit liens; § 34-36-26, Liability of unit owner for common expenses absolute — compare § 34-36.1-3.16(b)(2) — Rhode Island General Assembly ↩
- R.I. Gen. Laws § 7-6-30, Books and records — Rhode Island General Assembly, Title 7, Chapter 6 ↩
- R.I. Gen. Laws §§ 34-36.1-3.01, 3.03, 3.06, 3.08, 3.09, 3.10, 3.18 — Rhode Island General Assembly, Title 34, Chapter 36.1, Article III ↩
- R.I. Gen. Laws §§ 34-36.1-3.14, Surplus funds; 34-36.1-3.15, Assessments for common expenses — Rhode Island General Assembly, Title 34, Chapter 36.1, Article III ↩
- Twenty Eleven, LLC v. Botelho, 127 A.3d 897 (R.I. 2015); R.I. Gen. Laws § 34-36.1-3.21(c), Foreclosure of condominium lien — FindLaw, Rhode Island Statutes ↩
- R.I. Gen. Laws §§ 34-36.1-4.03, Public offering statement; 34-36.1-4.09, Resale of units — Rhode Island General Assembly, Title 34, Chapter 36.1, Article IV ↩
- R.I. Gen. Laws § 34-36.1-3.21(d) — FindLaw, Rhode Island Statutes ↩
- R.I. Gen. Laws §§ 34-36.1-3.20, Enforcement of declaration, bylaws and rules; 34-36.1-4.17, Effect of violations on rights of action; attorney's fees — Rhode Island General Assembly ↩
- R.I. Gen. Laws §§ 34-36.1-3.16(b)(4); 34-36.1-3.21 — FindLaw, Rhode Island Statutes ↩
- R.I. Gen. Laws § 34-36.1-3.08, History of Section (P.L. 2025, ch. 123, § 1, effective June 24, 2025; P.L. 2025, ch. 136, § 1, effective June 24, 2025); Bill H5156A — Rhode Island General Assembly ↩
- Rhode Island Association of REALTORS, "New RI Condo Laws" (July 3, 2025); R.I. Gen. Laws § 34-36.1-3.08(c) ↩
- Song v. Lemoine, No. 24-34 (R.I. May 19, 2025) — Justia, Rhode Island Supreme Court ↩
- Rhode Island Current, "Shekarchi unveils latest package of bills to boost housing production" (Feb. 26, 2026); bill status at rilegislature.gov ↩