Rules & EnforcementRI
When Is a Rhode Island HOA Rule Unenforceable?
By The HOARebel Team · May 31, 2026 · 3 min read
A board can announce a rule, but announcing it is not the same as being able to enforce it. In Rhode Island — with a modern condominium statute (§ 34-36.1) and no general HOA act — a rule still has to clear several hurdles before it binds a homeowner. For your specific situation, a licensed Rhode Island attorney is the right resource. This is general information, not legal advice.
Where the rulemaking power comes from
For condominiums under R.I. Gen. Laws § 34-36.1, the executive board has statutory authority to act, but its rules and fines are framed by the Act itself — including the notice and opportunity for a hearing before any fine under § 34-36.1-3.20, and the assessment lien framework in §§ 34-36.1-3.16, 3.21. For non-condominium HOAs, rulemaking authority comes primarily from the recorded declaration and bylaws, with the Rhode Island Nonprofit Corporation Act (R.I. Gen. Laws § 7-6) supplying the corporate-law layer where the HOA is incorporated. A purported rule the board never validly adopted, or one that exceeds the authority in the declaration, stands on weaker ground.
Common reasons a rule may not be enforceable
Homeowners and attorneys often examine whether:
- The rule was properly adopted. Boards generally must follow the rulemaking procedure in the bylaws (and, for condos, the Act). A rule announced informally may not have been validly enacted.
- The rule is consistent with the declaration. A rule cannot contradict the recorded declaration; where they conflict, the declaration generally controls.
- The rule is reasonable. Reasonableness runs through how courts evaluate restrictive covenants and rules.
- For condominiums, the fine procedure was followed. Section 34-36.1-3.20 requires notice and an opportunity for a hearing before any fine, and it caps residential daily fines at $100 and non-daily fines at $500.
- The rule collides with higher law. Federal law — the Fair Housing Act (disability accommodations, familial status), the ADA, the Servicemembers Civil Relief Act, OTARD (satellite antennas), or the Freedom to Display the American Flag Act — can override a conflicting HOA rule.
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.
Start with the actual documents
Because the substance lives in the declaration and (for condos) the Act, the first step when a rule seems questionable is reading the recorded documents and the adopted rule together. A records request can reach the adopted rules, the minutes showing how (or whether) a rule was passed, and any fine schedule. If a fine is attached, see also Fighting an HOA Fine in Rhode Island.
Where to turn
When a homeowner believes a rule is invalid or is being enforced unevenly, the avenues include raising it with the board in writing, the courts, and a licensed Rhode Island attorney to evaluate whether a specific rule is enforceable against a specific owner.