A guide to Rhode Island HOA laws

What are Rhode Island HOA laws?

Rhode Island homeowners associations (HOAs) are primarily governed by the Rhode Island Nonprofit Corporation Act if they are organized as nonprofit corporations, as many are. This statute generally dictates board procedures, meeting guidelines, and recordkeeping requirements. The Rhode Island Condominium Act also applies to condo associations developed after July 1, 1982. This sets rules for operations, disclosures, owner rights, and board responsibilities. For associations developed before that date, some may be governed by earlier legislation or their own unique declarations. Additionally, federal laws like the Fair Housing Act may apply in situations involving accessibility or discrimination.

In practice, these Rhode Island HOA laws typically work together to regulate how an association conducts elections, collects assessments, maintains property, and interacts with residents. Board members are expected to understand the legal boundaries of their role and act in the best interest of the community.
This article is not intended to and does not constitute legal advice or create an attorney-client relationship. Board members should consult their association’s attorney to discuss the legal implications of their decisions or actions prior to proceeding.
 

What power does an HOA have?

HOAs in Rhode Island have the power to create and enforce rules, manage common areas, collect dues, and oversee compliance with governing documents. These powers are granted by the association's declaration (also known as CC&Rs) and are subject to Rhode Island HOA laws.

One of the most significant powers an HOA has is the ability to levy assessments. These dues cover the cost of maintaining shared amenities, such as landscaping, parking, pools, clubhouses, or roofing. Boards can typically adjust these assessments annually, based on the association's budget and anticipated expenses.

Enforcement authority is another important power. Boards may issue violation notices if a resident does not comply with community standards — whether related to architectural changes, noise, trash disposal, or other issues spelled out in the governing documents. If violations are not corrected, fines may be applied, and legal action may follow.

The board also holds decision-making power over contracts, vendor relationships, reserve studies, and insurance coverage. While board members must follow rules outlined in the governing documents and Rhode Island HOA laws, they retain some discretion in managing the association's business, provided those decisions align with their fiduciary duties.
 

Understanding HOA rules and governing documents

The foundation of any HOA is its governing documents, which typically include:

• Articles of incorporation: If the HOA is a nonprofit corporation, this document registers it as a legal entity in Rhode Island.
   
• Covenants, Conditions, and Restrictions (CC&Rs): This document defines the rights and obligations of the HOA and homeowners. It sets property use rules, outlines restrictions, and details the HOA’s authority.
   
• Bylaws: These outline the internal procedures for board operations, elections, meetings, and voting rights.
   
• Rules and regulations: These are community-specific guidelines addressing practical issues like parking, pet ownership, holiday decorations, and noise levels. They must be consistent with the CC&Rs and applicable laws.

Each of these documents serves a distinct function but collectively, they create the framework for how the HOA operates. Residents and board members alike should familiarize themselves with them. Importantly, Rhode Island HOA laws often require associations to make these documents accessible to homeowners upon request, and amendments typically require a vote or board resolution.
 

How are HOA rules enforced?

HOA rules in Rhode Island are enforced by the board of directors through a combination of notices, hearings, and, when necessary, legal channels. Enforcement begins with written communication, often a letter or email informing the resident of the rule violation with a deadline for resolution.

If the issue is not addressed, the board may schedule a hearing, during which the resident can present their case. Afterward, the board may decide to apply a fine, suspend certain privileges, or, in more serious situations, initiate legal action.

It’s important to note that fines and penalties must be authorized in the association’s governing documents. Additionally, enforcement practices should align with applicable Rhode Island HOA laws. Selective, arbitrary, or discriminatory application of rules can expose the board to potential liability.
 

What rights do Rhode Island homeowners have?

Rhode Island homeowners typically have the right to attend open board meetings, vote in elections, review key association records, and participate in rulemaking when required. These rights are designed to give residents a voice in the governance of their community.

Voting rights are usually determined by unit ownership, with one vote per unit being the standard. During elections, homeowners can run for the board, vote for candidates, or vote on major expenditures or amendments to governing documents.

Homeowners also typically have the right to dispute fines or actions taken by the board, particularly if they believe the board has acted outside its authority or failed to follow proper procedures under Rhode Island HOA laws.
 

What are the responsibilities of board members?

Board members are fiduciaries, meaning they have a legal duty to act in the best interest of the association as a whole. This includes managing the community’s budget, maintaining records, overseeing maintenance, and following the HOA’s governing documents and Rhode Island law.

Key responsibilities include:

• Approving budgets and financial reports
   
• Hiring vendors and contractors
   
• Collecting assessments
   
• Communicating with residents
   
• Enforcing rules and resolving disputes

Good governance also means planning for the future. This can include conducting reserve studies to anticipate large expenses and maintaining insurance coverage to protect the association from potential risks. While the role can be demanding, many boards rely on professional property management companies to handle day-to-day operations and provide guidance on complex issues. This can help board members focus on strategic oversight and resident engagement.
 

How are new rules created or amended?

New HOA rules in Rhode Island are created by the board of directors in accordance with the procedures outlined in the association’s governing documents. In most cases, this involves drafting the proposed rule, notifying homeowners, and allowing a period for comment or a vote. Once a rule is adopted, it must be communicated clearly to all homeowners. This is often done through newsletters, official letters, email announcements, or community websites.
 

How can professional management help?

FirstService Residential helps associations comply with Rhode Island HOA laws by simplifying community operations and offering personalized guidance that reflects your community’s needs. We understand the laws, the paperwork, and the challenges board members face — and we’re here to help make your role easier. Contact our team today to learn how professional property management can help support your goals.