Fines & PenaltiesRI
Fighting an HOA Fine in Rhode Island
By The HOARebel Team · May 31, 2026 · 2 min read
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.
The fine procedure (§ 34-36.1-3.20)
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.
Statutory caps for residential condominiums
Section 3.20 also imposes dollar caps:
- Daily fines for residential condominiums: no more than $100 per day.
- Non-daily fines for residential condominiums: no more than $500.
Higher caps apply to commercial condominiums ($500 per day, $1,000 non-daily). A residential fine that exceeds these caps stands on weak statutory footing.
For non-condominium HOAs
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
Free tool
Is your fine actually valid?
Answer a few questions about your notice and see how it compares to what Rhode Island's law requires before an association can fine you — free, with the statute quoted for each step.