Which Rhode Island Laws Govern Your HOA or Condo?

Before you can hold a Rhode Island association to the law, it helps to know which law applies — and Rhode Island answers that question differently for condominiums than for traditional HOAs. For your specific situation, a licensed Rhode Island attorney is the right resource. This is general information, not legal advice.

What law governs condos in Rhode Island?

It depends on when the condo was created. Condominiums created after July 1, 1982 follow the Condominium Act, § 34-36.1. Older ones generally follow the Condominium Ownership Act, § 34-36, but under R.I. Gen. Laws § 34-36.1-1.02(a)(2), as amended by P.L. 2025, ch. 123, several newer-Act sections, including records, meetings and fines, also apply for events after that date.

The Rhode Island Condominium Act, R.I. Gen. Laws § 34-36.1, is a modern, UCIOA-based statute. It governs condominiums created after July 1, 1982 and provides a comprehensive framework: records, meetings, fines, and the assessment lien. Older condominiums (pre-1982) are generally governed by the earlier Condominium Ownership Act, R.I. Gen. Laws § 34-36, but several Condominium Act sections, including the records right (§ 34-36.1-3.18), meetings and notice (§ 34-36.1-3.08, added to the list by P.L. 2025, ch. 123), and the fine rules (§ 34-36.1-3.20), also "apply to all condominiums created in this state before July 1, 1982" for events after that date, without invalidating those condominiums' existing declaration or bylaw provisions (§ 34-36.1-1.02(a)(2)).

The Condominium Act is where most of the substance lives for condo owners:

• Records (§ 34-36.1-3.18) — financial and other records "reasonably available for examination within thirty (30) days."
• Meetings (§ 34-36.1-3.08) — notice "not less than ten (10) nor more than sixty (60) days in advance" of an association meeting.
• Fines (§ 34-36.1-3.20) — notice and opportunity for a hearing required before a fine; statutory caps on residential daily and non-daily fines.
• Assessment lien (§§ 34-36.1-3.16, 3.21) — automatic lien with a six-month super-priority window over a first mortgage; foreclosure under § 3.21.

Does Rhode Island have a law for non-condo HOAs?

No general one. Rhode Island has no general HOA statute, and a planned-community HOA, where you own a house and lot, generally falls outside the Condominium Act, whose reach R.I. Gen. Laws § 34-36.1-1.02 sets. Its framework comes from the recorded declaration, bylaws and rules, the Rhode Island Nonprofit Corporation Act (§ 7-6) if incorporated, and general contract and property law.

The entity layer does the heavy lifting

Most Rhode Island associations — condo or HOA — are incorporated as nonprofits under the Rhode Island Nonprofit Corporation Act (§ 7-6). For non-condo HOAs that have no comprehensive statute, this is the principal corporate-law layer for member rights to inspect records, member and board meetings, voting, and board fiduciary duties.

Federal law

Federal protections apply across the board: the Fair Housing Act (disability accommodations, familial status), the ADA, the Servicemembers Civil Relief Act, OTARD (satellite antennas), and the Freedom to Display the American Flag Act.

The full Rhode Island stack

1. The governing documents — the recorded declaration, bylaws, and rules.
2. The condominium statute — § 34-36.1 (comprehensive, post-1982 condos) or § 34-36 (older condos, which also get some § 34-36.1 sections, such as records and fines, under § 34-36.1-1.02(a)(2)).
3. The entity law — the Nonprofit Corporation Act (§ 7-6) if incorporated.
4. Federal law — FHA, ADA, SCRA, OTARD, Flag Act.

Because the right combination depends on whether you're a condominium and how the association is organized, a licensed Rhode Island attorney is the foundation for any specific question — from records to fines to the assessment lien.

Sources

• R.I. Gen. Laws § 34-36.1-1.02 — Applicability
• P.L. 2025, ch. 123 (2025-S 0509) — amends § 34-36.1-1.02 (adds § 34-36.1-3.08) and § 34-36.1-3.08
• R.I. Gen. Laws § 34-36.1-3.18 — Association records
• R.I. Gen. Laws § 34-36.1-3.08 — Meetings and notice
• R.I. Gen. Laws § 34-36.1-3.16 — Lien for assessments
• R.I. Gen. Laws § 34-36.1-3.20 — Enforcement of declaration, bylaws and rules