Rhode Island's high court: petitioning owners were entitled to the meeting they asked for
Rhode Island's high court: petitioning owners were entitled to the meeting they asked for
2026-09-15 · Rhode Island · Courts
A Rhode Island condominium board that receives a valid owner petition for a special meeting cannot decide first whether the owners' proposals are any good. That is the holding of Boyang Song v. Evan Lemoine, in his capacity as President of The 903 Condominium Owner's Association, Inc., No. 2024-34-Appeal, decided May 19, 2025 — a published, unanimous opinion of the Rhode Island Supreme Court written by Justice Lynch Prata, with the Community Associations Institute appearing as amicus.1
It is the first Rhode Island Supreme Court decision in years to construe the meetings provision of the Condominium Act, and the sentence that decides it is nine words long.
The mechanism at issue
Section 34-36.1-3.08(a) of the Rhode Island Condominium Act lets owners force a meeting. Special meetings may be called by unit owners holding twenty percent of the votes in the association, or any lower percentage the bylaws specify, and — since a 2025 amendment — such meetings “must be called by the executive board” where the stated purpose is to propose an amendment to the declaration or bylaws, reject the budget, remove a director or officer and elect a replacement, or any other purpose owners may vote on.
Subsection (b) says what the notice must contain: “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.”
What the section does not say is that the board gets to assess whether the agenda items are lawful, coherent, or well drafted before calling the meeting. The Superior Court had gone further than either party asked and ruled on the merits of the owners' motions. The Supreme Court vacated that part of the judgment.
The holding
“These unit owners were entitled to the meeting they sought.” (Op. at 12)
And on why the statute is read that way:
“The intent of the act is to promote consumer protection…The act requires a liberal judicial interpretation with a preference towards ensuring that association members have a say in how their organization is run…It is imperative that lay unit owners have the ability to draft a petition without fear of strict judicial scrutiny over imperfect language.” (Op. at 12)
The procedural holding, which matters as much as the substantive one
The Court also corrected the Superior Court for deciding something nobody had asked it to decide:
“the trial justice overstepped by granting relief not sought by the parties because '[u]nder the general principles of the adversary system, a party should not be granted relief that it did not request.'” (Op. at 13, quoting Providence Journal Co. v. Convention Center Authority, 824 A.2d 1246, 1248 (R.I. 2003))
The disposition: “we vacate the part of the judgment of the Superior Court finding in favor of the defendants, and this matter is remanded for further proceedings.” (Op. at 14)
For a board, that is a warning about strategy rather than substance. An association that answers an owner petition by going to court and asking a judge to bless its refusal is inviting a ruling the judge may not have jurisdiction to give, and an appellate reversal that leaves the owners' meeting still owed.
What a board can and cannot do with a petition after this
It can check the arithmetic. Twenty percent of the votes, or the lower figure in the bylaws, is a threshold and a board is entitled to verify it. So is the requirement that the stated purpose be one owners are entitled to vote on.
It can insist the notice contains what the statute requires. Time, place, agenda items, and the general nature of any proposed amendment, budget change, or removal.
It cannot screen for drafting quality. The Court's language about “imperfect language” and the absence of “strict judicial scrutiny” is directed at exactly the move boards make most often — reading a lay petition narrowly, finding it ambiguous, and treating the ambiguity as a defect.
It cannot decide the merits first. Whether the owners' proposed amendment is valid, whether their removal motion would succeed, whether their budget rejection is wise — those are questions for the meeting, and for a court afterwards if someone brings them. They are not preconditions to holding the meeting.
It cannot rewrite the agenda. Substituting the board's version of an owner's item is how an association ends up defending a decision like this one.
Why the consumer-protection framing is the durable part
The Court did not invent that framing in 2025. It rests on America Condominium Association v. IDC, Inc., 844 A.2d 117 (R.I. 2004), where the Court held that “The Rhode Island Condominium Act is a consumer protection statute” and that the Act “essentially incorporated the language contained in the Uniform Condominium Act”. IDC also records something most Rhode Island owners have never heard: the 1982 enacting act directed the Secretary of State to print the Uniform Condominium Act (1980) official comments alongside each section, and those comments “shall be used as guidance as to the intent of the [L]egislature in adopting this chapter unless the statutory language shall clearly express otherwise in which case the statutory language shall prevail.”2
So a Rhode Island dispute about an ambiguous provision of the Condominium Act has an interpretive aid the legislature itself supplied, and a Supreme Court instruction to read the Act in favour of owner participation where it is unclear. Song is that instruction applied. Our Rhode Island board elections page covers the removal and election mechanics a petition of this kind usually aims at.
Two limits worth stating plainly
First, § 34-36.1-3.08 is not among the sections the Act applies retroactively to condominiums created before July 1, 1982. The list in § 34-36.1-1.02(a)(2) did not include it until a 2025 amendment added it. An owner in a pre-1982 Rhode Island condominium should check which version of the applicability list governs the events in their dispute before relying on Song — the case construes a section whose reach to older buildings changed in the same period.
Second, Song is about getting the meeting. It says nothing about what happens at it, what quorum is needed, or whether the owners' proposals can succeed. Sections 34-36.1-3.09 and 3.10 — quorum at twenty percent, proxies void if undated or purportedly revocable without notice, terminating after one year — are unchanged by it.
What to watch next
The remand. The matter went back to the Superior Court for further proceedings, and what that court does with the owners' motions on their merits is the next installment. Watch also for whether the sixteen-member condominium law commission, which reports by December 31, 2027 and was directed to examine owner participation in governance, cites this case — it is the most recent authoritative statement of how Rhode Island reads its own Condominium Act, and the commission's mandate is written in almost the same language.
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