A Rhode Island condo budget passes even if nobody shows up
A Rhode Island condo budget passes even if nobody shows up
2026-09-15 · Rhode Island · Compliance
Rhode Island condominium owners are frequently told they get a vote on the budget. They get a vote to reject it, which is a different thing, and the default runs against them in three separate ways.
The provision is not where most people look for it. It is not in § 34-36.1-3.15, the assessments section — that section says only that “assessments must be made at least annually, based on a budget adopted at least annually by the association.” The ratification mechanism is in the board-governance section, § 34-36.1-3.03(c), and it reads:1
“Within thirty (30) days after adoption of any proposed budget for the condominium, the executive board shall provide a summary of the budget to all the unit owners, and shall set a date for a meeting of the unit owners to consider ratification of the budget not less than fourteen (14) nor more than thirty (30) days after mailing of the summary. Unless at that meeting a majority of all the unit owners or any larger vote specified in the declaration reject the budget, the budget is ratified, whether or not a quorum is present. In the event the proposed budget is rejected, the periodic budget last ratified by the unit owners shall be continued until such time as the unit owners ratify a subsequent budget proposed by the executive board.”
Three defaults, all pointing the same way
The threshold is a majority of everyone, not a majority of voters. “[A] majority of all the unit owners”. In a hundred-unit building, fifty-one owners must vote to reject. Forty owners voting to reject and ten voting in favour is not a rejection.
Absence counts as approval. “[W]hether or not a quorum is present”. The twenty-percent quorum in § 34-36.1-3.09 does not rescue the meeting; the statute expressly dispenses with it for this purpose. An empty room ratifies the budget.
A successful rejection does not produce a new budget. It continues the last one. “[T]he periodic budget last ratified by the unit owners shall be continued” until the owners ratify a subsequent proposal. Owners who reject a budget because assessments are rising get last year's numbers, not a negotiation.
What the board owes, and the dates
The procedural obligations are precise and they are the ones an owner can actually enforce.
- The board adopts a proposed budget. That starts the clock.
- Within thirty days of adoption, it must provide a summary of the budget to all unit owners. Note the word: a summary, not the budget.
- It must set a ratification meeting not less than fourteen nor more than thirty days after the summary is mailed. Both ends of that window are mandatory.
A board that adopts a budget and simply sends out new assessment figures has not done what § 3.03(c) requires. A board that calls the ratification meeting for ten days after mailing, or for six weeks after, has not either.
The interest rate on arrears, while you are here
Section 34-36.1-3.15(b)(1) caps what the association can charge on late assessments: “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.” The association sets the rate; twenty-one percent is the statutory ceiling, not the statutory rate.
And the provision nobody expects: the association can bill your tenant
Section 34-36.1-3.15(g)(1): “Whenever an assessment for common expenses has remained unpaid for a period of sixty (60) days, and the condominium unit is occupied by a tenant, the association may subject to the rights of a superior lienholder make demand upon the tenant for payment of the amount in arrears”, with payments credited against rent.
Sixty days of arrears and a Rhode Island association can go directly to a landlord-owner's tenant. For an investor-owner this is a more immediate consequence than the lien, because it arrives before any foreclosure machinery starts. Our Rhode Island collections and liens page covers what follows if the arrears continue.
Which buildings this applies to
Here is the catch that changes the answer for a large share of Rhode Island's condominium stock. Section 34-36.1-3.03 is not on the list in § 34-36.1-1.02(a)(2) of sections that reach condominiums created before July 1, 1982.
So a pre-1982 Rhode Island condominium has no statutory budget ratification vote at all. Whatever the bylaws provide is the whole of it. Owners in older buildings reading about the deemed-ratification rule are reading about a provision that does not govern them — which cuts both ways: no deemed ratification, but also no statutory right to a ratification meeting.
Post-1982 buildings get § 3.03(c) as written. Our Rhode Island budget approval page sets out how the two regimes differ.
How owners who actually want to change a budget do it
Not by voting it down. The rejection route requires a majority of every owner in the building and delivers last year's budget if it succeeds. The two mechanisms that do more are elsewhere.
The special meeting. Section 34-36.1-3.08(a) lets owners holding twenty percent of the votes, or any lower figure in the bylaws, force a special meeting, and the board “must” call it where the stated purpose includes rejecting the budget or removing a director. In Song v. Lemoine, decided May 19, 2025, the Rhode Island Supreme Court held that petitioning owners “were entitled to the meeting they sought” and that a board cannot test the merits of their agenda items first.
Removal. Section 34-36.1-3.03(g): “Notwithstanding any provision of the declaration or bylaws to the contrary, the unit owners, by a two-thirds (2/3) vote of all persons present and entitled to vote at any meeting…at which a quorum is present, may remove any member of the executive board with or without cause”, except declarant appointees. Note the base: two-thirds of those present, with a twenty-percent quorum. That is a far lower practical bar than a majority of all owners — the removal threshold is easier to clear than the budget-rejection threshold, which tells you where the leverage is.
One more asymmetry on the same board
Section 34-36.1-3.03(a) sets two different standards of care for the same body. Declarant appointees owe “the care required of fiduciaries of the unit owners”; owner-elected members owe only “ordinary and reasonable care”. A Rhode Island board in the transition period is operating under two duties simultaneously.
What to watch next
Rhode Island's 2026 session produced no amendment to any of these sections. The deed-restricted assessment bill H 7853 — which would have required a board proposing a fee increase above a stated threshold to simultaneously propose a substitute budget without discretionary spending, and required hardship payment plans — was held for further study on March 26, 2026 and died, as its predecessors did in 2024 and 2025. The sixteen-member condominium law commission reporting by December 31, 2027 was directed to consider whether low- and moderate-income units need specific treatment “in condominium fee and special assessment setting”, which is the same ground.
Related Rhode Island HOA Topics
- R.I. Gen. Laws § 34-36.1-3.03, Executive board members and officers — including the budget ratification mechanism at subsection (c) ↩
- R.I. Gen. Laws § 34-36.1-3.15, Assessments for common expenses — including the 21% interest ceiling and the tenant demand power ↩
- Song v. Lemoine, No. 2024-34-Appeal (R.I. May 19, 2025) — slip opinion ↩
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