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Rhode Island's first homeowners association act died in committee

Rhode Island's first homeowners association act died in committee
Rhode Island · Legislation

Rhode Island's first homeowners association act died in committee

Rhode Island has no statute governing homeowners associations. None — not a weak one, not a partial one. In 2026 it came closer to having one than it ever has, and the bill never left committee.

H 8273, introduced March 11, 2026 by Representatives McNamara and Ackerman and referred to House Judiciary, would have created a new chapter 34-36.2 of Title 34 called the “Rhode Island Homeowner's Association Act”. Its Senate twin S 3094, introduced March 13, 2026 by Senator Tikoian, went to Senate Housing and Municipal Government. Both were recommended held for further study — H 8273 on March 26, 2026, S 3094 on May 12, 2026 — and neither moved again. The Rhode Island General Assembly adjourned sine die on June 11, 2026 and its bills do not carry over, so both are dead.1

Why the gap the bill aimed at is real

Rhode Island's Title 34 contains two condominium chapters — the older Condominium Ownership Act and the 1982 Rhode Island Condominium Act — and nothing else on common-interest communities. There is no planned-community act and no adoption of the Uniform Common Interest Ownership Act.

And the Condominium Act cannot be stretched to cover an ordinary HOA, because of its own definition at § 34-36.1-1.03: “Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners.” In the typical Rhode Island homeowners association the association itself holds the common area in fee. That development is not a condominium, so the chapter does not reach it. What governs instead is the recorded declaration, the Nonprofit Corporation Act if the association happens to be incorporated, and common law. Our Rhode Island governing statute page sets out that structure in detail.

The bill's own statement of the problem

The legislative findings are short and worth quoting, because they are the closest thing Rhode Island has to a legislative statement about HOAs:

Residential communities governed by homeowners' associations exercise substantial authority affecting property rights and financial obligations of homeowners;” and “Uniform statutory standards are necessary to promote transparency, fairness, and accountability in association governance;

Scope was set by parcel count: “This chapter applies to homeowners' associations consisting of ten (10) or more separately owned parcels unless otherwise provided by law.

✓ Your Rhode Island State Pass is active — the full analysis below is unlocked

What would have changed, section by section

The bill ran fourteen pages and eighteen sections. It is recognisably modelled on Florida's chapter 720, down to phrases like “board of administration” and the broadcast-notice provisions. These are the provisions that would have mattered most in a Rhode Island community that has none of them today.

A fiduciary duty, stated flatly.Directors and officers owe a fiduciary duty to members.” One sentence, no qualification. Rhode Island's Condominium Act, by contrast, splits the standard: declarant appointees owe a fiduciary standard and owner-elected members owe only ordinary and reasonable care.

Open board meetings, with an executive-session carve-out. Board meetings “shall be open to members except for executive sessions involving litigation, personnel matters, or attorney-client privileged communications”, and a board meeting “occurs whenever a quorum of the board gathers to conduct association business.” Directors could use email to communicate “but may not cast a vote on an association matter via email.

Notice periods, three of them. Fourteen days for board meetings “unless emergency circumstances exist”; forty-eight hours' conspicuous posting in the community, or seven days' mail if not posted; and fourteen days' written notice for any meeting at which special assessments or parcel-use rules would be considered, with that notice required to state “that assessments will be considered and the nature of the assessments.

A right to speak, with a floor. Members could speak “for at least three (3) minutes on any item”, and a twenty-percent petition would force an item onto the agenda of the next regular or special board meeting, “but not later than sixty (60) days after the receipt of the petition.

A written answer to a complaint. On a complaint sent by first-class mail, return receipt requested, the board would have thirty days to respond in writing — either substantively or by notifying the owner that a legal opinion has been requested, in which case a substantive response is owed within sixty days of the complaint. Rhode Island associations owe no such response today.

Recall without cause.[A]ny member of the board of directors may be recalled and removed from office with or without cause by a majority of the total voting interests”, notwithstanding anything in the governing documents.

No compensation, and no financial benefit. A director, officer or committee member “may not receive any salary or compensation…and may not in any other way benefit financially from service to the association.

Records, kept in state for seven years. A list of fourteen categories — plans, permits and warranties for common-area improvements, bylaws, articles, the declaration, current rules, minutes, insurance policies, all contracts including management agreements, bids kept one year, financial and accounting records including tax returns, and voting materials kept at least one year after the election. “[T]he official records must be maintained within this state for at least seven (7) years and be made available to a member for inspection or photocopying.

A fifteen-thousand-dollar ceiling on board-only spending. Capital additions, alterations or improvements — expressly “as distinguished from maintenance, repairs and replacements” — costing more than $15,000 in the aggregate in a calendar year would need a majority of the voting interests represented at a meeting with a quorum. At or below $15,000 the board could act alone.

Reserves, opt-in then hard to escape. An association would be “deemed to have provided for reserve accounts upon the affirmative approval of a majority of the total voting interests”; each component would get its own account; amounts would be computed from “estimated remaining useful life and estimated replacement cost”. Once established, waiver would need a majority vote at a meeting with a quorum, and — the sting — if the waiver vote fails or no quorum appears, “the reserves as included in the budget go into effect”, with any waiver good for one budget year only.

Mandatory pre-suit mediation. Covenant-enforcement disputes, disputes about amendments, about board and committee meetings, about membership meetings other than elections, and about records access would all have to go to pre-suit mediation before court. The bill printed the demand form verbatim, required the demanding party to name five certified mediators with hourly rates, split the mediator's fee equally absent agreement, and tolled the statute of limitations on filing. Collection of “any assessment, fine, or other financial obligation” was expressly excluded, and emergency injunctive relief could be sought without mediating first. Our Rhode Island mediation and dispute resolution page covers what exists in the absence of this.

A one-year runway.Compliance with the provisions of this chapter shall be enforced one year after passage of the act.

Two details that tell you something about how it was drafted

The two bills are textually identical apart from their headers, sponsors and internal LC numbers — a straight House/Senate pairing.

More telling: H 8273 and a second, unrelated 2026 bill (H 7874, the management-committee oversight bill) both proposed to create “CHAPTER 36.2” of Title 34. Two different bills, from two different committees, claiming the same chapter number in the same session. Had both passed, the codifiers would have had a problem.

Why it is worth knowing a dead bill this well

Because of what did pass. The only condominium measure Rhode Island enacted in 2026 was a joint resolution creating a sixteen-member commission to study condominium law, reporting by December 31, 2027 — and that commission was directed to begin with an “Examination of Uniform Acts from other states.” H 8273 is the most complete statement on the record of what a Rhode Island association statute would look like if the legislature wrote one from a neighbouring state's model rather than a uniform act. When the commission reports, this bill is the alternative it will be read against.

For a board today, nothing in this article is law. The practical takeaway is the inverse: every duty listed above is one a Rhode Island homeowners association does not owe by statute, and therefore owes only if its own declaration says so. That is the document to read.

Related Rhode Island HOA Topics

← All Rhode Island HOA Topics

  1. H 8273 (2026), LC005928 — “Rhode Island Homeowner's Association Act”, full bill text, Rhode Island House of Representatives
  2. S 3094 (2026), LC006103 — identical Senate companion, Rhode Island Senate
  3. R.I. Gen. Laws § 34-36.1-1.02, Applicability — Rhode Island Condominium Act

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