Rhode Island General Laws 34-36-10. Declaration – Recording
The owner or developer of a condominium project shall, prior to the conveyance of any unit, record a declaration containing covenants, conditions, and restrictions relating to the project, which shall be enforceable equitable servitudes where reasonable, and shall run with the land. Such servitudes unless otherwise provided, may be enforced by any unit owner, and his or her successors in interest, and may contain, among other things, the following particulars:
(1) A description of the land on which the building and improvements are or are to be located.
(2) A description of the building, stating the number of stories and basements and the number of units and the principal materials of which it is or is to be constructed.
(3) The unit number of each unit, and a statement of its location, approximate areas, number of rooms, and immediate common area to which it has access, and any other data necessary to its proper identification.
(4) A description of the common areas and facilities.
(5) A description of the limited common areas and facilities, if any, stating to which units such use is reserved.
(6) The value of the property and of each unit, and the percentage of undivided interest in the common areas and facilities appurtenant to each unit and its owner for all purposes, including voting.
(7) A statement of the purposes for which the building and each of its units are intended and restricted as to use.
(8) The name of a person to receive service of process, in the cases described in this chapter, together with the residence or place of business of the person which shall be within the city or county in which the building is located.
(9) Provisions, not inconsistent with this chapter, as to the percentage of votes by the unit owners which shall be determinative of whether to rebuild, repair, restore, or sell the property in the event of damage or destruction of all or part of the property, or of any other question.
(10) The method by which the declaration may be amended consistent with the provisions of this chapter.
(11) Any further matters in connection with the property which the person or persons executing the declaration may deem desirable to set forth consistent with this chapter.
History of Section.
P.L. 1963, ch. 181, § 1.
Terms Used In Rhode Island General Laws 34-36-10
- Building: means a building, containing four (4) or more units, or two (2) or more buildings, with a total of four (4) or more units for all the buildings, and comprising a part of the property. See Rhode Island General Laws 34-36-3
- Condominium: means the ownership of a single unit in a multi-unit project together with an undivided interest in common in the common areas and facilities of the property. See Rhode Island General Laws 34-36-3
- Declaration: means the instrument by which the property is submitted to the provisions of this chapter, as it from time to time may be lawfully amended. See Rhode Island General Laws 34-36-3
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Limited common areas and facilities: means and include those common areas and facilities designated in the declaration as reserved for use of a certain unit or units to the exclusion of the other units. See Rhode Island General Laws 34-36-3
- Person: means individual, corporation, partnership, association, trustee or other legal entity. See Rhode Island General Laws 34-36-3
- Property: means and includes the land, the building, all improvements and structures thereon, all easements, rights, and appurtenances belonging thereto, and all articles of personal property intended for use in connection therewith. See Rhode Island General Laws 34-36-3
- Service of process: The service of writs or summonses to the appropriate party.
- Unit: means a part of the property intended for any type of independent use, including one or more rooms or spaces located in one or more floors (or part or parts of floors) in a building. See Rhode Island General Laws 34-36-3
- Unit number: means the number, letter or combination thereof designating the unit in the declaration and in the record of survey map. See Rhode Island General Laws 34-36-3
- Unit owner: means the person or persons owning a unit in fee simple and an undivided interest in the fee simple estate of the common areas and facilities in the percentage specified and established in the declaration. See Rhode Island General Laws 34-36-3