Fighting an HOA Fine in Rhode Island

A fine from a Rhode Island condominium association can feel non-negotiable, but the statute is unusually specific about what the board must do before imposing one — and how much the fine can be. For your specific situation, a licensed Rhode Island attorney is the right resource. This is general information, not legal advice.

Can a Rhode Island condo association fine me without a hearing?

Not without notice and the opportunity for a hearing. Under R.I. Gen. Laws § 34-36.1-3.20, a condominium's executive board may impose and assess fines to enforce the declaration, bylaws, and rules and regulations, but "Notice and the opportunity for a hearing must be provided to an alleged violator before a fine is imposed and assessed."

For condominiums under R.I. Gen. Laws § 34-36.1, the executive board has statutory authority to fine:

"An executive board may impose and assess fines against a unit owner as a method of enforcing the association's declaration, bylaws, and rules and regulations." — R.I. Gen. Laws § 34-36.1-3.20

But that authority is conditioned on process:

"Notice and the opportunity for a hearing must be provided to an alleged violator before a fine is imposed and assessed." — R.I. Gen. Laws § 34-36.1-3.20

A fine imposed without that notice and opportunity stands on weak statutory footing.

Is there a limit on condo fines in Rhode Island?

Yes, for condominiums. Under R.I. Gen. Laws § 34-36.1-3.20, residential condominium fines are capped at $100 per day for daily fines and $500 for non-daily fines. Higher caps apply to commercial condominiums: $500 per day and $1,000 non-daily. A residential fine above these caps stands on weak statutory footing.

Can a non-condo HOA fine me in Rhode Island?

It depends on its recorded declaration, bylaws, and adopted rules. For a traditional Rhode Island HOA, § 34-36.1 generally does not apply, so fine authority and any cap or procedure come from those documents. For HOAs incorporated under the Rhode Island Nonprofit Corporation Act, the board owes fiduciary duties and must act within its authority.

For a traditional Rhode Island HOA, § 34-36.1 generally does not apply. Fine authority — and any cap or procedure — comes from the recorded declaration, bylaws, and adopted rules. For HOAs incorporated as nonprofits under the Rhode Island Nonprofit Corporation Act (R.I. Gen. Laws § 7-6), the board owes fiduciary duties and must act within its authority — a backstop for challenges to a board that acts arbitrarily or outside the documents. See Which Rhode Island Laws Govern Your HOA or Condo?.

Reasonableness and process

Two themes recur even where § 34-36.1 does not apply: a fine should be reasonable and proportionate, and the board should follow the notice and procedure its documents require. A penalty out of proportion to the conduct, or imposed with no notice and no chance to respond, is the kind of thing a homeowner or attorney examines first.

Selective enforcement

Even a valid rule can fail in the way it's applied. When an association enforces a restriction against one owner while ignoring identical conduct elsewhere, that uneven enforcement can raise a selective enforcement problem. Owners commonly document neighbors with the same condition who were never cited — photos, dates, and addresses.

Records help build the picture

The governing documents and any adopted fine schedule are the starting point, and a records request can reach the rule, the minutes, and the notice the association sent.

Where this can go

If a fine cannot be resolved with the board, the avenues include the association's records, the courts, and a licensed Rhode Island attorney to evaluate whether a particular fine is authorized by the documents and the statute, and properly imposed.

Sources

• R.I. Gen. Laws § 34-36.1-3.20 — Enforcement of declaration, bylaws and rules
• R.I. Gen. Laws § 34-36.1-3.18 — Association records
• R.I. Gen. Laws § 7-6 — Rhode Island Nonprofit Corporation Act