Rhode Island guide
Rhode Island governance and lien risk
Rhode Island's governance framework combines baseline Condominium Act rules with the state's sharpest legal differentiator — a true super-priority lien that can extinguish a first mortgage. The Act sets meeting-notice, quorum, records, and declarant-transition rules, and 2024–2025 legislation modernized recording, special meetings, and electronic meetings.
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But the governance issue with the clearest financial consequence is delinquency and lien enforcement: under §34-36.1-3.16 and §34-36.1-3.21, a six-month association lien is foreclosed non-judicially and, per Twenty Eleven, LLC v. Botelho (2015), can wipe out a first mortgage. Reading the minutes, records compliance, and delinquency ledger together is how a buyer gauges whether the association is well run and whether lien risk is concentrated.
The super-priority lien and non-judicial foreclosure
Under §34-36.1-3.16, the association's lien for up to six months of common-expense assessments — plus attorney's fees up to $2,500 and foreclosure costs up to $5,000 — is prior to a recorded first mortgage; special assessments, fines, and interest fall outside that priority. Under §34-36.1-3.21 the lien is foreclosed by non-judicial power of sale, with at least 20 days' notice to the owner and first mortgagee. In Twenty Eleven, LLC v. Botelho (R.I. 2015), the Rhode Island Supreme Court held that foreclosure can extinguish a first mortgage where the lender neither advanced the assessments nor redeemed. High delinquency or an active lien is therefore a serious buyer and title risk.
Meetings, quorum, and records
Meeting notice must be given not less than 10 and not more than 60 days in advance (§34-36.1-3.08), the default quorum is 20% of votes (§34-36.1-3.09), and on written request the association must make financial and other records reasonably available within 30 days (§34-36.1-3.18). Read the prior one to two years of minutes for storm losses, deductible changes, special assessments, and litigation; thin or missing records, or a refusal to produce them, is a governance red flag.
2024 and 2025 modernization
Recent laws improved transparency and meeting access. The 2024 recording law (H7867) requires associations to record bylaws and rules in the city or town land evidence records, with amendments certified by at least two board members. The 2025 amendments (S0509A) require the board to hold a special meeting on a 20% owner demand for matters owners vote on, and permit board and membership meetings to be held electronically if participants can communicate simultaneously, with in-person meetings held in the same county. Confirm bylaws are recorded and that the association follows the new meeting rules.
Amendment gridlock and developer transition
Declaration amendments require at least 67% of votes (or higher), with unanimity for the most fundamental changes (§34-36.1-2.17), and challenges are barred after one year from recording. That high bar can freeze needed governance or funding changes in contentious associations. For newer or converted condos, confirm the declarant-control transition under §34-36.1-3.03 has occurred on schedule and that warranty status (§§34-36.1-4.13 to 4.16) is clear.
Rhode Island legal references
- R.I. Gen. Laws §34-36.1-3.16 — Lien for assessments (super-priority: 6 months + $2,500 + $5,000)
- R.I. Gen. Laws §34-36.1-3.21 — Foreclosure of condominium lien (non-judicial power of sale)
- R.I. Gen. Laws §34-36.1-3.18 — Records (available within 30 days of request)
- R.I. Gen. Laws §34-36.1-2.17 — Amendment of the declaration (67% / unanimity)
Informational only. Not legal advice. Always confirm against current statute and counsel.
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Find a Rhode Island specialist →Reviewer's checklist
- Request the delinquency and lien ledger — the super-priority lien makes arrears consequential
- Confirm there is no active association lien or prior lien-foreclosure history on the unit
- Read the prior 1–2 years of minutes for storm losses, deductibles, assessments, and litigation
- Confirm records were produced within 30 days of request (§34-36.1-3.18)
- Check that meeting notice fell within the 10–60 day window (§34-36.1-3.08)
- Confirm bylaws and rules are recorded in the land evidence records (2024 H7867)
- Verify the association honors 2025 special-meeting and electronic-meeting rules (S0509A)
- For newer condos, confirm declarant-control transition under §34-36.1-3.03
- Confirm warranty status under §§34-36.1-4.13 to 4.16 for recently built or converted units
- Note any §34-36.1-2.17 amendment gridlock that could block needed funding decisions
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