Title 34, Title 34 Title 34

The department may, prior to issuing any license under this chapter to any person or broker, fully investigate all information placed before it under § 34-38-3 and in addition it may carry out a physical examination, investigation, or inspection of any subdivision which is the su…

The department shall, upon completion of its investigation and inspection but, in the absence of any agreement to the contrary between the applicant and the department, in any case not later than three (3) months from the receipt of the completed license application, or receipt o…

(a) No subdivision or lot, parcel, unit, or interest in any subdivision shall be disposed of except through a broker, provided nothing herein shall be deemed to prohibit any broker from employing any salesperson for the specific purpose of offering or disposing of, on behalf of t…

The department may from time to time pursuant to rules and regulations issued by it regulate and approve the methods and techniques permissible and allowable by any person or broker advertising, offering, or disposing of any subdivision or lot, parcel, unit, or interest therein i…

All money paid or advanced by a purchaser or lessee or prospective purchaser or prospective lessee in respect of any lot, parcel, unit, or interest in any subdivision, the advertisement, offering, or disposition of which is controlled by this chapter, or such portion thereof as t…

No seller or developer of out of state land included under the definition in § 34-38-1 shall directly or indirectly transact any business in this state until it shall have appointed in writing the director of business regulation of this state to be its true and lawful attorney fo…

The purpose of this chapter is to grant a special legal status to conservation restrictions and preservation restrictions so that landowners wishing to protect and preserve real property may do so without uncertainty as to the legal effect and enforceability of those restrictions…

(a) A “conservation restriction” shall mean a right to prohibit or require a limitation upon or an obligation to perform acts on or with respect to or uses of a land or water area, whether stated in the form of a restriction, easement, covenant, or condition, in any deed, will, o…

(a) No conservation restriction held by any governmental body or by a charitable corporation, association, trust, or other entity whose purposes include conservation of land or water areas or of a particular area, and no preservation restriction held by any governmental body or b…

Conservation and preservation restrictions are interests in real estate and a document creating a restriction shall be deemed a conveyance of real estate for purposes of chapters 11 and 13 of this title. A restriction may be enforced by an action at law or by injunction or other …

(a) Subject to the express terms of a conservation or preservation restriction: a restriction held by the state may be released in the same manner as land held by the state may be sold under chapter 7 of title 37; a restriction held by cities and towns may be released in the same…

Any state or local agency that is exercising a right of eminent domain over any land which is protected with a conservation restriction or preservation restriction, shall notify the agency or organization that holds the conservation or preservation restriction and the Rhode Islan…

For the purposes of this chapter: (1) “Solar easement” means a right, whether or not stated in the form of restriction, easement, covenant, or conditions in any deed, will, or other instrument executed by or on behalf of any owner of land or solar skyspace for the purpose of ensu…

(a) Any property owner may grant a solar easement in the same manner and with the same effect as a conveyance of an interest in real property. The solar easements shall be created in writing and shall be subject to the same conveyancing and instrument recording requirements as an…

This chapter may be cited as the “Rhode Island Real Estate Time-Share Act”.

In any time-share instrument, unless specifically provided otherwise or the context otherwise requires, and in this chapter: (1) “Affiliate of a developer” means any person who controls, is controlled by, or is under common control with a developer. A person “controls” a develope…

(a) Except as expressly modified by this chapter and notwithstanding any contrary rule of common law, a grant of an estate in a unit conferring the right of possession during a potentially infinite number of separated time periods creates an estate in fee simple having the charac…

Except as expressly provided in this chapter, provisions of this chapter may not be varied by agreement, and rights conferred by this chapter may not be waived. A developer may not act under a power of attorney, or use any other device, to evade the limitations or prohibitions of…

(a) The court, upon finding as a matter of law that a contract or contract clause was unconscionable at the time the contract was made, may refuse to enforce the contract, enforce the remainder of the contract without the unconscionable clause, or limit the application of any unc…

Every contract or duty governed by this chapter imposes an obligation of good faith in its performance or enforcement.

(a) The remedies provided by this chapter shall be liberally administered to the end that the aggrieved party is put in as good a position as if the other party had fully performed. However, consequential, special, or punitive damages may not be awarded except as specifically pro…

The principles of law and equity, including the law of corporations (and unincorporated associations), the law of real property and the law relative to capacity to contract, principal and agent, eminent domain, estoppel, fraud, misrepresentation, duress, coercion, mistake, receiv…

This chapter shall be the sole law of this state governing the creation and disposition of time shares. In the event of any conflict between this chapter and chapters 36, 36.1 or 38 of this title, the provisions of this chapter prevail, but this chapter does not invalidate or oth…

(a) This chapter applies to all time shares created in units within this state after May 7, 1984. Sections 34-41-1.03 (Status and Taxation of Time-Share Estates), 34-41-1.08 (Supplemental General Principles of Law Applicable), 34-41-1.05 (Unconscionable Agreement or Term of Contr…

If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provisions or application, and to this end the…

(a) If all of the documents constituting the project instrument are recorded after May 7, 1984, time shares may not be created in any unit in a project unless expressly permitted by the project instrument. No amendment to a project instrument which is recorded after May 7, 1984 m…

(a) Except as provided in subsection (b), more than twelve (12) time shares may be created in a single time-share property only by a time-share instrument containing or providing for the following matters: (1) A legally sufficient description of the time-share property and the na…

(a) The time-share instrument must state the amount of or formula used to determine any time-share expense liability allocated to each time share. (b) If the time-share instrument provides for voting, it must allocate votes to each time-share unit and to each time-share estate an…

No action for partition of a time-share unit may be maintained except as permitted by the time-share instrument or by § 34-41-2.05(c)(2).

(a) This section applies to all time-share estates, except it shall apply to time-share licenses only to the extent expressly provided by the time-share instrument. (b) All time-shares in a time-share property may be terminated only as follows: (1) By agreement of the time-share …

A developer may maintain sales offices, management offices, and models in the time-share property only if the time-share instrument so provides and specifies the rights of a developer with regard to the number, size, location, and relocation thereof, and he or she may maintain si…

The time-share instrument may require that all or a specified number or percentage of the mortgagees or beneficiaries of deeds of trust encumbering units or time shares approve specified actions of the unit owners, time-share owners, developer, or managing entity as a condition t…

The managing entity shall maintain records of the names and addresses of the owners of time-share licenses. If the number of licenses in the time-share property is more than twelve (12), no transfer of a time-share license is effective against persons without knowledge thereof un…

(a) If the number of time shares in a time-share property is more than twelve (12), the developer, before the first transfer of a time-share, must create or provide a managing entity to manage the time-share property. The managing entity may be (i) a manager, who may be the devel…

(a) Subject to the provisions of subsection (b) and the time-share instrument, the association, even if unincorporated, may: (1) Adopt and amend bylaws, rules, and regulations; (2) Adopt and amend budgets for revenues, expenditures, and reserves and collect assessments for time-s…

The developer has the duties imposed on the managing entity by this chapter and the powers listed in § 34-41-3.02(a)(1) — (11) until a managing entity is provided or the developer and his or her affiliates own no estate or interest in the time-share property. Thereafter, if there…

(a) For the purposes of this section, “special developer right” means a right reserved for the benefit of a developer to add more units to a time-share property (§ 34-41-2.02(a)(5)); to maintain sales offices, management offices, models, and signs (§ 34-41-2.06); or to appoint, c…

(a) If, before the developer ceases to appoint, control, or serve as the managing entity, there is entered into (i) any management contract, employment contract, or lease of recreational or parking areas or facilities, (ii) any other contract or lease between the managing entity …

Except to the extent otherwise provided by the time-share instrument, the managing entity is responsible for maintenance, repair, and replacement of the time-share units and any personal property available for use by time-share owners in conjunction therewith, other than personal…

(a) A time-share owner is personally liable for his or her own acts and omissions and those of his or her employees and agents other than the managing entity. (b) An action may not be maintained against a time-share owner, nor is a time-share owner precluded from maintaining an a…

(a) Commencing not later than the time a developer offers a time share for sale in a time-share property in which the number of time shares is more than twelve (12), the managing entity shall maintain, to the extent reasonably available and applicable and not otherwise unanimousl…

Unless otherwise provided in the time-share instrument, any surplus funds derived from the time-share owners or from property belonging to them or their association and held by a managing entity remaining after payment of or provision for time-share expenses and any pre-payment o…

(a) Until time-share expense assessments are made against the time-share owners, the developer shall pay all time-share expenses. After any time-share expense assessment has been made against the time-share owners, time-share expense assessments must be made at least annually, ba…

(a) A person who has a duty to make assessments for time-share expenses has a lien on a time share for any assessment levied against that time share or fines imposed against its owner from the time the assessment or fine becomes due. The lien may be foreclosed in like manner as a…

A person who has a duty to make time-share expense assessments shall keep financial records sufficiently detailed to enable him or her to comply with § 34-41-4.07. All financial and other records must be made reasonably available for examination by any time-share owner or his or …

With respect to a third person dealing with a trustee, under § 34-41-2.05 or § 34-41-3.08, the existence of trust powers and their proper exercise by the trustee may be assumed without inquiry. A third person is not bound to inquire whether the trustee has power to act as trustee…