Creating a Special Legislative Commission to Study the Rhode Island Condominium Act

WHEREAS, The Rhode Island Condominium Act was passed in 1982 (the “Act”); and

WHEREAS, The Act has not been significantly amended or updated in several decades; and

WHEREAS, Amendments may be needed to reflect the extensive development of condominiums, court interpretations of the Act, and modern issues arising with the development, construction, maintenance, financing, and operation of condominiums; and

WHEREAS, Condominium development and ownership is utilized for both commercial and residential purposes, and there may be a need to provide separate requirements and considerations for each; and

WHEREAS, Condominiums remain a significant opportunity to increase the supply of housing, including both naturally occurring and deed-restricted affordable housing in the State of Rhode Island; and

WHEREAS, It is imperative for the House to undertake a broad-based review of the Act to maintain and encourage the development of condominiums as an effective housing option in the state; now, therefore, be it

RESOLVED, That a special House legislative commission is hereby created consisting of eleven (11) members, including the Secretary of the Executive Office of Housing, or designee; the Executive Director of the Rhode Island League of Cities and Towns, or designee; the President of the Rhode Island Builders Association, or designee; a representative of a lending institution making mortgages available to individual condominium owners and loans to condominium associations, appointed by the Speaker of the House; a representative of the insurance industry with expertise in underwriting insurance policies for condominium owners and associations, appointed by the Speaker of the House; two attorneys with expertise in condominium law, appointed by the Speaker of the House; a representative of a property management company with expertise in providing management services to condominium associations, appointed by the Speaker of the House; two current owners of residential condominiums in Rhode Island who serve on the governing boards of their respective associations, appointed by the Speaker of the House; and one current owner of a commercial condominium in Rhode Island who serves on the governing board of their respective association, appointed by the Speaker of the House. The purpose of the commission shall be to make a comprehensive study identifying existing challenges within Rhode Island’s current condominium law and the potential need for changes and updates related to condominium development requirements, governance, and management. Forthwith upon passage of this resolution, the members of the commission shall meet at the call of the Speaker of the House, organize, and select co-chairpersons from among the legislators. Vacancies in the commission shall be filled in the same manner as the original appointments, and that members of the commission shall receive no compensation for their services. All departments and agencies of the State shall furnish such advice and information, documentary and otherwise, to the commission and its agents as deemed necessary or desirable by the commission to facilitate the purposes of this resolution. The Speaker of the House is authorized and directed to provide suitable quarters for the commission; and be it further

RESOLVED, That the commission shall report its findings and recommendations to the General Assembly no later than December 31, 2027, and the commission shall expire on March 15, 2028. EXPLANATION BY THE LEGISLATIVE COUNCIL OF HOUSERESOLUTION CREATING A SPECIAL LEGISLATIVE COMMISSION TO STUDY THE RHODE ISLAND CONDOMINIUM ACT *** This resolution would create a special legislative commission to study the Rhode Island condominium act.