Checked against the statutes, November 2026
Rhode Island HOA and Condo Laws: A Plain-English Guide
Condo and HOA rules in Rhode Island come from state law and your own recorded documents, not from your city or town. This guide covers what the Rhode Island Condominium Act actually says about boards, meetings, fees, fines, collections, records, insurance and selling a unit, including the 2024 and 2025 changes, with a link to the statute for every point.
Which law applies to your association
- Condominiums created in Rhode Island after July 1, 1982 are governed by the Rhode Island Condominium Act, Chapter 34-36.1. An older condo can choose to come under the whole Act by recording a written agreement.
- Older condominiums (created before July 1, 1982) are still covered by key parts of the Act for anything that happens after that date: meetings and notice, the lien for unpaid assessments, records, fines, insurance deductibles and resale certificates, among others.
- Single-family HOAs and planned communities that are not condominiums have no dedicated Rhode Island statute. In practice they run on their recorded declaration, covenants and bylaws, and on the corporate law for however the association is organized. If you are not sure which you are, your recorded declaration will say whether the property was submitted to the Condominium Act.
The board: what it can and cannot do
- Owner-elected board members must act with ordinary and reasonable care. Members appointed by the developer owe a higher, fiduciary duty.
- The board cannot amend the declaration, terminate the condominium, or decide who serves on the board. It can fill a vacancy for the rest of the term.
- Owners can remove any owner-elected board member, with or without cause, by a two-thirds vote of those present and entitled to vote at a meeting with a quorum, whatever the documents say.
- Developer control ends at the earliest of: 60 days after 80% of the units are sold, 2 years after the developer stops selling, or 2 years after it last added units. After that the owners elect a board of at least 3, most of whom must be unit owners.
Meetings, notice and voting
- The association must hold an owners meeting at least once a year. The president, a majority of the board, or owners holding 20% of the votes (or less if the bylaws allow) can call a special meeting.
- Notice goes out 10 to 60 days before the meeting and must list the time, place and agenda, including any proposed amendments, budget changes or removal of a board member.
- New since June 2025: board and owner meetings may be held fully or partly online regardless of what the documents say, online attendance counts toward a quorum, owners may vote electronically or by mail-in ballot as the board decides, and notice can go by email to owners who agree to it in writing. In-person meetings must be held in the county where the condo is.
- Quorum for owner meetings is 20% of the votes unless the bylaws set a different number. Quorum for board meetings is 50% of the board, or more if the bylaws say so.
- Proxies are allowed. A proxy must be dated and expires one year after its date unless it says sooner.
Budget and condo fees
- The board adopts the budget and must send owners a summary within 30 days. The owners meeting to ratify it is held 14 to 30 days after the summary is mailed. The budget stands unless a majority of all owners votes it down, quorum or not. If it is rejected, the last ratified budget continues.
- Assessments must be made at least once a year based on the budget. Interest on late assessments may not exceed 21% a year.
- If a rented unit is 60 days behind, the association can collect the assessment directly from the tenant, and the tenant gets credit against rent.
- Unless the declaration says otherwise, a year-end surplus is returned to owners or credited against future assessments.
- The Act does not require a reserve study or set a minimum reserve. Reserves still matter: they must be disclosed on every resale certificate, and lenders and buyers look at them.
RIGL 34-36.1-3.03(c) (budget)3.14 (surplus)3.15 (assessments)
Fines and enforcing the rules
- Before fining an owner, the board must give notice and an opportunity for a hearing before the board or someone it designates.
- Limits: up to $100 a day for a continuing violation in a residential condo ($500 a day for commercial). Any other single fine is capped at $500 residential ($1,000 commercial).
- A rule in the declaration or bylaws that sets a maximum fine is not valid; the statute controls.
- Unpaid fines become a lien on the unit. The prevailing party at a hearing can recover costs, and reasonable attorney fees if represented by a Rhode Island attorney.
Unpaid dues, liens and foreclosure
- The association has a lien on a unit for unpaid assessments. Six months of regular assessments come ahead of the first mortgage, plus up to $2,500 in collection costs and attorney fees and up to $5,000 in foreclosure costs ($7,500 total). Special assessments, late fees, fines and interest do not get that priority.
- Once an owner is 60 days behind, the association must notify the owner and the first mortgage holder by certified and first-class mail. Without that notice to the lender, the association keeps the six months of priority but loses the costs and fees.
- The lien ends unless the association starts enforcing it within 6 years.
- A foreclosure sale requires certified-mail notice to the owner and lender at least 20 days before the first newspaper ad, ads two weeks in a row, and a sale at least 15 days after the first ad. The lender then has 30 days to redeem.
- On written request, the association must provide a statement of the amount owed within 10 business days.
Records owners can see
- The association must keep financial records detailed enough to produce a resale certificate.
- All financial and other records must be made reasonably available to a unit owner, or the owner’s authorized agent, within 30 days of a request.
Insurance
- The association must insure the common elements on an all-risk basis for at least 80% of actual cash value, and carry liability insurance in an amount the board sets. In buildings where units are stacked, the unit itself (not owner improvements) is covered too.
- New in 2025: the owner’s own policy pays first for damage to the unit that falls within the association’s deductible, and owners must carry coverage for it. The association must notify owners in writing within 30 days of a deductible change, and an owner can get a copy of the damage appraisal within 14 days of asking.
- If the insurer cancels or will not renew, it must give 30 days’ mailed notice, and the association must tell owners promptly if coverage cannot be obtained.
Selling a condo: the resale certificate
- A seller must give the buyer the declaration, bylaws, rules and a resale certificate from the association. The association must provide the certificate within 10 days of the owner’s request and may charge no more than $125. Missing the deadline exposes the association to a civil penalty of $100 to $500 per occurrence.
- The certificate discloses the monthly assessment and anything unpaid, capital spending planned for this year and the next two, reserves, the budget, financial statements, insurance, lawsuits and known violations.
- If the certificate is late, the buyer can cancel the contract until 5 days after receiving it or until closing, whichever comes first. The buyer is not liable for unpaid assessments greater than the amount stated in the certificate.
Amendments that need lender approval
- Since June 2025, when a change to the documents needs approval from mortgage holders, the association can mail the request by regular and certified mail. A lender that does not send a written denial within 65 days is treated as having approved. This applies to older condos too.
- Since June 2024, bylaws, rules and amendments must be recorded in the land evidence records, and later-recorded bylaws and rules must be certified by two board members.
What Rhode Island law does not say
Boards are often told the law requires these. The Condominium Act does not, so check your own declaration and bylaws:
- A required reserve study or minimum reserve balance
- A rule that board meetings must be open to owners, or limits on closed sessions (check your bylaws)
- A cap on the total of daily fines over time
- A required payment plan before collection
- Rules on EV chargers. A 2026 bill (H 7338) to stop associations from banning owner-paid chargers was introduced but has not become law.
Running a Rhode Island association?
We manage condo and HOA associations: budgets and ratification, collections done by the statute, resale certificates within the 10-day window, online meetings, and records owners can actually get.
General information about Rhode Island law, reviewed November 2026 against the current Rhode Island General Laws. It is not legal advice, and your recorded declaration and bylaws may add requirements. For a specific dispute, talk to a Rhode Island attorney.
Rhode Island HOA and condo law: common questions
What law governs condo associations in Rhode Island?+
The Rhode Island Condominium Act, Chapter 34-36.1 of the General Laws, for condos created after July 1, 1982. Older condos are still covered by key parts of it, including meetings, liens, records, fines, insurance deductibles and resale certificates.
Does Rhode Island have an HOA law for single-family neighborhoods?+
No. Rhode Island has no separate statute for homeowners associations or planned communities that are not condominiums. Those associations are governed by their recorded declaration, covenants and bylaws and the corporate law for how they are organized.
How much can a Rhode Island condo association fine an owner?+
After notice and a chance for a hearing, up to $100 a day for a continuing violation in a residential condo, or up to $500 for any other single fine. Commercial condos can go to $500 a day or $1,000. A bylaw that sets a lower or higher maximum is not valid.
Can a condo association foreclose in Rhode Island?+
Yes. Unpaid assessments are a lien on the unit, and six months of regular assessments plus capped costs take priority over the first mortgage. The association must notify the owner and lender once an owner is 60 days behind and follow the notice and advertising steps in the statute before a sale.
Can Rhode Island condo meetings be held on Zoom?+
Yes. Since June 2025, board and owner meetings can be held fully or partly online regardless of the condo documents, online attendance counts toward a quorum, and owners can vote electronically or by mail-in ballot as the board decides.
How long does a condo association have to provide a resale certificate in Rhode Island?+
10 days from the owner’s request, for a fee of no more than $125. If it is late, the buyer can cancel the purchase until 5 days after receiving it or until closing, whichever comes first.
Does Rhode Island require condo associations to have a reserve study?+
No. The Condominium Act does not require a reserve study or a minimum reserve. Reserves must be disclosed on resale certificates, and most boards keep a reserve plan because buyers and lenders review it.