Title 34, Title 34 Title 34

The department shall report to the governor and the general assembly on or before January 1, 2009, with regard to the effectiveness of this act in achieving its purpose, which report shall include, but not be limited to: (1) The reported incidence of prohibited practices by calen…

This chapter shall be construed liberally in aid of its declared purpose of protecting the homes and the equity of individual borrowers in this state.

If any provision of this chapter or the application of this chapter to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality shall not affect other provisions or applications of this chapter which can be given effect without the in…

The general assembly finds that predatory lending has become an increasing problem in this state, threatening the viability of many communities and causing decreases in home ownership. While the marketplace may appear to be operating effectively for most home loans, too many home…

The purpose of this act is to prohibit predatory lending practices in this state while preserving access to credit in the subprime market.

The following definitions shall apply for the purposes of this chapter, unless the context otherwise requires: (a) “Accelerate” means the advancing of a loan agreement’s maturity date so that payment of the entire debt is due immediately. (b) “Affiliate” means any company that co…

A home loan shall be subject to the following prohibited acts and practices. (a) No creditor making a home loan shall finance, directly or indirectly, any credit life, credit disability, credit unemployment or credit property insurance, or any other life or health insurance, or a…

A high-cost home loan shall be subject to the following additional limitations and prohibited practices: (a) In connection with a high-cost home loan, no creditor shall directly or indirectly finance any points or fees which total is greater than five percent (5%) of the total lo…

(a) Any person who purchases or is otherwise assigned a high-cost home loan shall be subject to all affirmative claims and any defenses with respect to the loan that the borrower could assert against the original creditor of the loan; provided, that this section shall not apply i…

(a) An aggrieved borrower or borrowers may bring a civil action for injunctive relief or damages in a court of competent jurisdiction for any violation of this chapter. (b) In addition, the court shall, as the court may consider appropriate: (1) Issue an order or injunction resci…

It shall be a violation of this chapter for any person to attempt in bad faith to avoid the application of this chapter by: (1) Dividing any loan transaction into separate parts for the purpose of evading the provisions of this chapter; (2) Structuring a home loan transaction as …

(a) In any construction mortgage loan, where the original face amount of the loan is under five hundred thousand dollars ($500,000), the mortgagee may pay all or any portion of the mortgage loan to the owner, or lessee, as the case may be, at any time, except to the extent that a…

This chapter shall be known and may be cited as “The Rhode Island Construction Trust Act.”

The general assembly finds and declares that the uniqueness of the construction industry requires a special system to ensure that payment is received by those businesses, contractors and owners who expend materials and/or labor prior to the completion of a construction project, b…

The following definitions apply in the interpretations of the provisions of this chapter, unless the context requires another meaning: (1) “Express Trust” means funds that have been paid by an owner, for or in connection with materials used in an improvement of real property, whi…

(a) Any moneys paid under a contract by an owner to a contractor, or by the owner or contractor to a subcontractor, for work done for or about a building by any subcontractor shall be held in express trust by the contractor or subcontractor, as trustee, for those subcontractors w…

Molders shall have a lien on all dies, molds, forms or patterns in their possession belonging to a customer, for the balance due them from such customer for any manufacturing or fabrication work and in the value of all material related to such work. The molder may lawfully retain…

(a) Before enforcing such lien, notice in writing shall be given to the customer either by delivering the notice personally or sending the notice by registered mail to the last known address of the customer. This notice shall state that a lien is being claimed for the damages set…

(a) Prior to the sale at public auction the molder shall notify the customer by registered mail return receipt requested. The notice shall include the following information: (1) The molder’s intention to sell the die, mold, form or pattern thirty (30) days after the customer’s re…

(a) If any sale is made under this chapter in violation of any right of a customer under federal patent or copyright law said sale shall be void and unenforceable and all proceeds shall be returned to the customer. (b) A lien under this chapter does not take priority over and sha…

This act shall be known and may be cited as the “Rhode Island Condominium Act”.

(a)(1) This chapter applies to all condominiums created within this state after July 1, 1982, except that any condominium created within this state prior to July 1, 1982, may voluntarily accept the provisions of this chapter in lieu of the provisions under which it was originally…

In the declaration and bylaws, unless specifically provided otherwise or the context otherwise requires, and in this chapter: (1) “Affiliate of a declarant” means any person who controls, is controlled by, or is under common control with a declarant. (i) A person “controls” a dec…

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 declarant may not act under a power of attorney, or use any other device, to evade the limitations or prohibitions of…

(a) If there is any unit owner other than a declarant, each unit that has been created, together with its interest in the common elements, constitutes for all purposes a separate parcel of real estate. (b) If there is any unit owner other than a declarant, each unit must be separ…

A zoning, subdivision, building code, or other real estate use law, ordinance, or regulation may not prohibit the condominium form of ownership or impose any requirement upon a condominium which it would not impose upon a physically identical development under a different form of…

(a) If a unit is acquired by eminent domain, or if part of a unit is acquired by eminent domain leaving the unit owner with a remnant which may not practically or lawfully be used for any purpose permitted by the declaration, the award must compensate the unit owner for his or he…

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, receiver…

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 applications, and to this end th…

(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 position as if the other party had fully performed. However, consequential, special, or punitive damages may not be awarded except as specifically provi…

(a) A condominium may be created pursuant to this chapter only by recording a declaration in the municipal land evidence records. The declaration must be recorded in every municipality in which any portion of the condominium is located, and must be indexed in the grantee’s index …

Except as provided by the declaration: (1) If walls, floors or ceilings are designated as boundaries of a unit, all lath, furring, wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, finished flooring, and any other materials constituting any part of the finished…

(a) All provisions of the declaration and bylaws are severable, except a housing restriction as set forth in § 34-39.1-3, may not be severed from the declaration and bylaws. (b) The rule against perpetuities may not be applied to defeat any provision of the declaration, bylaws, r…

A description of a unit which sets forth the name of the condominium, the recording data for the declaration, the municipality, city or town, in which the condominium is located, and the identifying number of the unit, is a sufficient legal description of that unit and all rights…

(a) The declaration for a condominium must contain: (1) The name of the condominium, which must include the word “condominium” or be followed by the words “a condominium,” and the association; (2) The name of every municipality in which any part of the condominium is situated; (3…

(a) Any lease the expiration or termination of which may terminate the condominium or reduce its size, or a memorandum thereof, shall be recorded. Every lessor of those leases must sign the declaration, and the declaration shall state: (1) The recording data for the lease (or a s…

(a) The declaration shall allocate a fraction or percentage of undivided interests in the common elements and in the common expenses of the association, and a portion of the votes in the association, to each unit including land only units and state the formulas used to establish …

(a) Except for the limited common elements described in § 34-36.1-2.02(2) and (4), the declaration shall specify to which unit or units each limited common element is allocated. That allocation may not be altered without the consent of the unit owners whose units are affected. (b…

(a) Plats and plans are a part of the declaration. Separate plats and plans are not required by this chapter if all the information required by this section is contained in either a plat or plan. Each plat and plan must be clear and legible and contain a certification that the pl…

(a) To exercise any development right reserved under § 34-36.1-2.05(a)(8), the declarant shall prepare, execute, and record an amendment to the declaration (§ 34-36.1-2.17) and comply with § 34-36.1-2.09. The declarant is the unit owner of any units thereby created. The amendment…

Subject to the provisions of the declaration and other provisions of law, a unit owner: (1) May make any improvements or alterations to his or her unit that do not impair the structural integrity or mechanical systems or lessen the support of any portion of the condominium; (2) M…

(a) Subject to the provisions of the declaration and other provisions of law, the boundaries between adjoining units may be relocated by an amendment to the declaration upon application to the association by the owners of those units. If the owners of the adjoining units have spe…

(a) If the declaration expressly so permits, a unit may be subdivided into two (2) or more units. Subject to the provisions of the declaration and other provisions of law, upon application of a unit owner to subdivide a unit, the association shall prepare, execute, and record an …