When Is a Rhode Island HOA Rule Unenforceable?

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 does a Rhode Island HOA's rule-making power come from?

It depends on the community type. For condominiums, R.I. Gen. Laws § 34-36.1-3.02 lets the association adopt and amend rules, "subject to the provisions of the declaration." Rhode Island has no general HOA act, so a non-condo HOA's rule power comes primarily from its recorded declaration and bylaws, with the Nonprofit Corporation Act (ch. 7-6) applying where the HOA is incorporated.

The tests that apply in most states also apply here: a rule generally has to be properly adopted, consistent with the recorded declaration, and reasonable, and it can't conflict with federal law such as the Fair Housing Act, the FCC's OTARD antenna rule, or the Freedom to Display the American Flag Act. Those tests, and how uneven enforcement is treated, are explained in When Is an HOA Rule Unenforceable?.

For condominiums, the Condominium Act grants the rule power directly: "subject to the provisions of the declaration, the association, even if unincorporated, may: (1) Adopt and amend bylaws and rules and regulations" (§ 34-36.1-3.02(a)). The act "applies to all condominiums created within this state after July 1, 1982" (§ 34-36.1-1.02(a)(1)). For older condominiums, a listed set of sections applies, including § 34-36.1-3.02(a)(1)–(6) and (11)–(17) and § 34-36.1-3.20, but "only with respect to events and circumstances occurring after July 1, 1982," and they "do not invalidate existing provisions of the declaration, bylaws, plats, or plans of those condominiums" (§ 34-36.1-1.02(a)(2)). The act has no provisions on owners' signs, flags, solar equipment, or EV chargers.

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.

Does Rhode Island cap condo association fines?

Yes, for condominiums only. Under R.I. Gen. Laws § 34-36.1-3.20, a residential condo's daily fines may be no more than $100 per day and other fines no more than $500 ($500 and $1,000 for commercial condominiums), after notice and the opportunity for a hearing. The caps are in the Condominium Act; Rhode Island has no general HOA act for non-condo communities.

A condominium association may, "after notice and an opportunity to be heard, levy reasonable fines for violations of the declaration, bylaws, and rules and regulations of the association as provided in § 34-36.1-3.20" (§ 34-36.1-3.02(a)(11)). That section sets the procedure:

• Hearing first. "Notice and the opportunity for a hearing must be provided to an alleged violator before a fine is imposed and assessed. All fines shall be a lien on the unit charged" (§ 34-36.1-3.20(a)).
• Caps. Daily fines may be "no more than one hundred dollars ($100) per day for residential condominiums nor more than five hundred dollars ($500) per day for commercial condominiums" (§ 34-36.1-3.20(b)). Other fines may be "no more than five hundred dollars ($500) for residential condominiums and no more than one thousand dollars ($1,000) for commercial condominiums" (§ 34-36.1-3.20(c)).
• Who hears it. Hearings are "before the executive board or a person designated by the executive board" (§ 34-36.1-3.20(e)).
• Costs and fees. A hearing decision "must include costs in all cases and reasonable attorney's fees, if the prevailing party is represented by a member of the Rhode Island Bar," and those fees and costs are also a lien on the unit (§ 34-36.1-3.20(f)).

Where to turn

Because the substance lives in the declaration and (for condos) the Act, owners often start by reading the recorded documents next to the adopted rule. A records request can reach the adopted rules and the minutes showing how a rule was passed; if a fine is attached, see also Fighting an HOA Fine in Rhode Island. 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.

Sources

• R.I. Gen. Laws § 34-36.1-1.02 — Applicability
• R.I. Gen. Laws § 34-36.1-3.02 — Powers of unit owners' association
• R.I. Gen. Laws § 34-36.1-3.20 — Enforcement of declaration, bylaws and rules
• R.I. Gen. Laws § 7-6 — Rhode Island Nonprofit Corporation Act