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The Process of Eviction Lawsuits

Posted on February 16, 2023

When you have breached your obligations concerning your lease, you can be evicted by your landlord. In Rhode Island, there is a specific process for eviction lawsuits. Here are the main steps of the process.

1. The eviction notice is served.

The first step in an eviction lawsuit is that the landlord will provide an eviction notice to the tenant. The notice must be in writing and must be sent through the mail; it cannot be given in person.

2. The tenant can respond to the notice.

Once the tenant has received the eviction notice, he or she generally has a right to cure the breach by remedying the cause of the breach. For example, if the tenant has past-due rent, he or she can pay it to cure the issue. During this period of time, the landlord is not permitted to take any action.

Non-Payment

The landlord must provide a 15-day grace period to pay the rent after it was due. When the notice was sent, it must state that the rent is now more than 15 days late and that the eviction will occur if the money is not paid within five days.

Non-Compliance with the Rental Agreement

The landlord must provide a 20-day notice to the tenant, which must state the nature of the breach and what the tenant must do to cure it in order to avoid eviction. However, if the tenant has already breached the lease within the last six months, he or she will forfeit the right to cure it.

Possession of Property Beyond Lease

If a tenant has remained in possession of the unit beyond the time period of the lease without the permission of the owner, the landlord is required to provide a notice of 10 days for a week-to-week tenancy; 30 days for a month-to-month tenancy; at least three months-notice for a year-to-year tenancy. The eviction notice must also tell the tenant to vacate the premises and remove their personal property by the date listed on the notice.

3. The landlord takes legal action.

If the breach has not been cured, then the landlord can commence the official eviction process by filing an eviction for non-payment of rent or for noncompliance with the rental agreement.

Eviction for Non-Payment

For an eviction for non-payment, the complaint must state the following:

Plaintiff is the owner or landlord of the premises where the tenant resides;
The tenant is more than 15 days late in rent;
The amount of rent;
The term the rent must be paid;
The total amount due at the time the complaint was drafted;
The landlord served the required 5-day notice;
A copy of the notice;
The date the notice was mailed;
The tenant hasn’t paid the rent and remains in. possession of the rental unit; and
The landlord requests judgment for possession of the premises and back rent in the amount listed on the complaint.

Non-Compliance with the Rental Agreement

For an eviction for non-compliance with the rental agreement, the complaint must state the following:

Plaintiff is the owner or landlord of the premises where the tenant resides;
The tenant breached their obligations under the rental agreement as included in the notice;
A copy of the notice;
The date the landlord mailed the notice;
The landlord mailed the notice to the tenant;
The tenant hasn’t cured their breach;
The tenant has remained in possession of the property; and
The landlord requests judgment for possession of the premises and for the amount claimed as well as an explanation of the amount.

4. The landlord has the tenant served.

The landlord will then issue a summons to the tenant explaining that legal action has been taken against them. The summons includes the court, address, and hearing date, and explains that the tenant has 20 days to provide an answer in order to avoid default judgment against them if they don’t respond to the complaint.

5. There is an eviction hearing.

Next, the parties will attend the hearing, with each side presenting their case. The court will then rule in favor of either the landlord or tenant. Should the court rule in favor of the landlord, the tenant must vacate the property or appeal within five days.

6. The landlord requests a writ of execution.

The purpose of a writ of execution is to provide the tenant with the date by which they are required to leave the property and take their belongings. The writ of execution is also given to the sheriff who is able to forcibly remove the tenant if necessary.

PALUMBO LAW Helps Those in Rhode Island Who Need to Pursue an Eviction Lawsuit

There’s no doubt that evicting a tenant can be an extremely stressful and overwhelming time. You want to be sure that you do everything correctly the first time around. That’s where a real estate attorney can help.

At PALUMBO LAW, our experienced Rhode Island real estate lawyers can help to walk you through the eviction process. We have deep experience working with both landlords and tenants. If you are planning on evicting a tenant, or if have already had your eviction hearing and have been denied on a technicality, we can help. To learn more or to schedule a free consultation, call us today!

Types of Smoke Damage that Can Happen in Your Home

Posted on February 9, 2023

Fires in your home or business can be extremely devastating. Not only do they cause your property to go up in flames, but they also create lingering smoke damage, which can be very bad. Smoke damage, which can cause issues even weeks after the fire, is categorized into four different types: 1) dry smoke; 2) we smoke; 3) protein residue; and 4) fuel/oil residue. Each type of smoke damage is the result of the specific facts of each fire, such as its temperature, location, and the materials that fueled it. It’s important to know which type of smoke damage you have, as each one requires a slightly different restoration process.

Dry Smoke

Dry smoke is the result of high-temperature fires that burn quickly and are usually fueled by wood or paper. You can often tell that smoke damage is from dry smoke because it doesn’t create any streaks when it’s wiped up. The good news is that because of this, it’s relatively easy to clean up. The downside of dry smoke is that because it is more powdery in texture, it can fall into cracks in your home or business. When the residue falls into cracks, the odor can be difficult to get rid of without professional assistance. Luckily, the smell isn’t as bad as some of the other types of smoke.

Wet Smoke

Wet smoke is the result of low-temperature, smoldering fires. When you burn rubber or plastic, it can produce wet smoke. Unfortunately, wet smoke smells very strong despite having few flames. Still, the smoke that results is thicker and blacker than some other types of smoke. With a dense and sticky residue, it can easily smear when you wipe it and will cover much of your home or business. It’s not easy to clean on your own and generally requires professional assistance.

Protein Residue

Protein residue is the result of lower-heat fires during which organic material evaporates. Protein residue often occurs from kitchen fires. One of the biggest issues with protein residue is that while you can’t really see it, it can permanently discolor certain surfaces. Additionally, while it’s hard to see it’s not hard to smell.

Fuel/Oil Residue

Fuel/oil residue, also referred to as petroleum residue, is the result of fires that occur where petroleum products are stored. Because of this, it’s rarer to have this type of smoke. However, it’s important to note that you can experience fuel/oil residue even without the presence of a real fire. Furnaces can experience an issue wherein they fail to properly ignite, instead releasing smoke into the nearby space. Fuel/oil residue can be extremely difficult to clean due to its dense and sticky texture. It also has a very strong odor.

If you have suffered smoke damage after a fire, there are a few things that you can do. With smaller fires, you can generally get rid of the smoke residue from your items without having to replace them. If the smoke residue is worse you can try to resurface your items (e.g., re-carpeting, re-painting, etc.). And in the most extreme cases, you will have to replace all of your items that have been damaged. While the cost is high, you won’t be able to get rid of the smell otherwise.

PALUMBO LAW Helps Those in Rhode Island with their Fire Damage Claims

When you are already concerned with physical and emotional healing for you and your loved ones, the last thing you feel like dealing with is a fire damage claim denial. That’s where a qualified fire damage attorney can help.

At PALUMBO LAW, our experienced Rhode Island Property Insurance lawyers work strategically to help our clients to get what they deserve. We have deep experience working with insurance companies and understand how to deal with them. If you are planning on filing a fire damage claim or have already filed your claim and been denied, we can help. To learn more or to schedule a free consultation, call us today!

Checking your Water Pipes to Determine if They’re Safe for your Home

Posted on January 20, 2023

There’s nowhere that you should feel safer than in your own home. That’s why it’s important to make sure that the different parts of your home are safe. One such part of your home is your pipes. While you may not realize it, your water pipes could pose a safety risk. Older pipes, especially those in homes built prior to 1930, run a higher risk of containing lead, a dangerous neurotoxin, which can contaminate your water. It can prove dangerous to anyone, but especially to children and pregnant women.

It wasn’t until 1986 that amendments were made to the federal Safe Drinking Water Act, which required “lead-free” (up to 8 percent lead) pipes and plumbing materials. Then, in 2011, the law was again amended so that “lead-free” meant no more than 0.25 percent lead. This went into effect in 2014.

Due to the negative impact that lead and other chemicals can have on the body, it’s imperative to ensure that your water pipes aren’t contaminated. Here’s how to check your water pipes to determine if they’re safe for your home.

Be aware of the type of pipes you have.

Older pipes are often bad because they contain lead, but these pipes have often been replaced with plastic pipes. However, these pipes can also contain other chemicals. Copper pipes last longer and will not leach chemicals into your drinking water, but polypropylene pipes are even less expensive and less likely to contaminate your water. You may still want to contact the manufacturer to be sure that the pipes contain less than the mandated maximum amount of lead.

Use “lead-free” faucets and fixtures.

Just as it’s important to ensure that your pipes are “lead-free,” so too is it important to make sure that your faucets and fixtures also have less than 0.25 percent lead. Using a faucet-mounted product with a carbon filter can be an inexpensive way of filtering for lead. Just be sure that the product is certified specifically by NSF International or the Water Quality Association for the removal of lead.

Have your water tested.

Although you can take the proper steps to minimize the chances of having unsafe water pipes, the only way that you will actually know whether or not your water is contaminated is to have a state-certified commercial laboratory test it. You can do so by contacting your local public health department or local water utility.

Call your water company.

Call you water company and ask to speak with a supervisor. Once connected, ask whether the utility-owned part of the service line is made of lead and if the company ever replaced a lead service line at your location. The utility company commonly owns the part of the service line that goes from the water main in the street partially to your home.

Speak with a plumber.

If you’re unsure as to the type of water pipes in your home, a plumber can help. He or she can determine whether you have lead pipes, solder or fixtures, which you can then change if necessary.

Even Testing Has its Limits

It’s important to be aware that even testing has its own limits. You can test your home’s water and it may not show any lead contamination, but it doesn’t guarantee that the water going through the pipes is always safe. Since corrosion occurs over time and pieces of lead solder can break off, it’s imperative that you check your pipes every so often.

PALUMBO LAW Helps Those in Rhode Island with their Water Damage Claims

Filing a property insurance claim can be extremely confusing – and extremely frustrating. The last thing you want is to have your claim denied or delayed because of something that you did incorrectly. That’s why it’s so important to know how to file your claim from the beginning. An attorney can help to ensure that you properly file your property insurance claim.

At PALUMBO LAW, our experienced Rhode Island property insurance lawyers work strategically to help our clients to get what they deserve. We have deep experience working with insurance companies and understand how to deal with them. If you are planning on filing a flood damage claim, or if have already filed your claim and have been denied, we can help. To learn more or to schedule a free consultation, call us today!

Attorney sitting with client discussing investment in commercial real estate

When is the Best Time to Invest in Commercial Real Estate?

Posted on January 9, 2023

The idea of investing in commercial real estate, while quite exciting, can be daunting. It can be difficult to determine whether or not it’s a good time to do so. Although deciding when it’s the right time to purchase a commercial real estate property is very personal, there are some factors that can be helpful to consider.

The State of the Economy

The state of the economy is an extremely important factor to take into consideration when determining when to purchase a commercial real estate property. The economy goes through its own cycle with various stages: recession, recovery, expansion, and contraction.

Recession

Purchasing commercial real estate property during a recession can be beneficial because the number of commercial properties that are available on the market exceeds the demand for them. Because of this, prices are generally lower and selection is broader. However, securing financing during a recession can prove more difficult.

Recovery

Purchasing commercial real estate during the recovery stage is generally still a good idea. The market begins to improve and prices still tend to remain lower during this time.

Expansion

When the economy is in the expansion phase, demand generally outweighs supply. Because of this, it tends to be a seller’s market and therefore it’s less favorable to be a buyer and more favorable to be a seller, since property owners are able to demand more money.

Contraction

The final stage in the cycle is the contraction face. During this period prices start dropping because the number of properties available for purchase starts to exceed the demand. Therefore, while financing may be more difficult to obtain during the contraction phase, it tends to be a buyer’s market.

Time of Year

While not a hard and fast rule, there are times of the year when there tend to be better deals on commercial real estate. The best months tend to be March through August and are also more convenient due to common weather patterns.

Personal Factors

It’s also helpful to consider several personal factors before purchasing commercial real estate. You should ask yourself questions such as how much money you have and how much money is available through your business. You will also want to consider if you can handle the additional increased overhead. And finally, you will want to truly consider whether you are merely settling for a property or if the property you plan to purchase is the right commercial property for you and your business.

PALUMBO LAW Helps Those in Rhode Island with their Real Estate Needs

The process of closing on a commercial real estate property can be really confusing and very detailed. This is why it’s so helpful to consult with a knowledgeable and experienced Rhode Island real estate attorney who knows the ins and outs of the closing process.

At PALUMBO LAW, our experienced Rhode Island Real Estate lawyers will walk our clients through the entire closing process. We have experience and proper contacts to ensure that you are paying an appropriate amount and are receiving a safe property as promised. To learn more or to schedule a free consultation, call us today!

What You Need to Know About Foreclosure Law

Posted on December 15, 2022

When you are receiving a loan to purchase a Rhode Island home, you will probably sign a promissory note and a mortgage. The promissory note says that you will pay back the loan as well as meet any terms of repayment. The mortgage provides a security interest in the property for the lender. It’s also likely that your mortgage includes what is known as a power of sale clause. This basically says that in the event that you do not make the payments of which you are required, your lender can sell your home nonjudicially (most foreclosures in Rhode Island are nonjudicial).

Missing a Payment

For most mortgage loans there is a grace period of 10-15 days, which allows you to still make a payment after it’s due without being hit with a late charge. However, if you still fail to make your payment, you will receive a late charge. Your specific grace period is likely located in your promissory note.

Missing Multiple Payments

If you fail to make multiple payments, you will likely receive a letter and a phone call from your servicer. The servicer is generally allowed under the law to contact you by phone within 36 days of a missed payment in order to talk with you about alternatives to foreclosing on your property. These alternative options are called “loss mitigation.” Then, within 45 days of a missed payment you will receive possible loss mitigation options in writing. The servicer is required to send this to you as well as to assign you people to assist you. It is important to note that if you have filed for bankruptcy or have told the servicer not to contact you per the Fair Debt Collection Practices Act, the servicer may not contact you.

Your mortgage may also have a provision that requires your lender to send a breach letter to you should you miss more than one payment. This lets you know that your loan is in default and that if you fail to make the payments to cure it, the lender can accelerate the loan and begin the foreclosure process. This process usually begins when the loan is more than 120 days past due.

Foreclosure Mediation

Prior to beginning the mortgage foreclosure process, Rhode Island requires that the lender provide you with written notice that it cannot foreclose on the property prior to participating in what is called foreclosure mediation. This holds true so long as it is a first-lien mortgage, owner-occupied, and a one-to-four-unit residential property, that acts as the individual’s primary residence. The foreclosure mediation must take place within 60 days of mailing the notice, either over the phone or in person. This mediation does not cost anything. Should you fail to respond to the notice after two attempts or you don’t meet any of the program’s requirements, or fail to show up for the foreclosure avoidance agreement, the lender can then receive a certificate from the mediation coordinator and begin with the actual foreclosure process.

PALUMBO LAW Helps Those in Rhode Island with their Real Estate Needs

The possibility of foreclosure on your property can be daunting. However, it’s important to understand that you may have options for keeping your home and avoiding foreclosure. That’s why it’s so important to speak with a knowledgeable and experienced Rhode Island real estate attorney.

At PALUMBO LAW, our experienced Rhode Island Real Estate lawyers will help to review and ensure that you understand all of your options. We have experience with mortgages and have a deep understanding of the law surrounding them. To learn more or to schedule a free consultation, call us today!

6 Safety Concerns that Landlords Are Responsible for in Rhode Island

Posted on December 8, 2022

When renting a home or apartment, it’s important to understand what you are responsible for and what your landlord has to worry about. Under Rhode Island state law, a landlord is required to maintain the premises. Here are 6 safety concerns regarding the premises that landlords are responsible for in Rhode Island.

Obey Requirements of Applicable Building and Housing Codes Related to Health and Safety

The landlord is required to obey the requirements of applicable building and housing codes that impact health and safety. If the applicable building and housing codes that affect health and safety are in conflict with any of the following safety five concerns, the aforementioned building and housing codes will govern;

Make Necessary Repairs for Inhabitability

The landlord is responsible for making any repairs that are necessary in order for the rented property to remain inhabitable.

Ensure Clean and Safe Common Areas

The landlord is responsible for ensuring that all common areas are maintained in a clean and safe condition.

Maintain Safety of Utilities, Facilities, and Appliances

The landlord must make sure that the following are in goof and safe working order and condition:

Plumbing
Sanitary
Electric
Air Conditioning
Ventilation
Other Appliances supplied (or that are to be supplied by the landlord)

Provide Appropriate Waste Removal Per Applicable Statute or Local Code

It is the landlord’s responsibility to ensure that tenants have appropriate receptacles to remove waste or garbage as required by applicable statute or local code if it is more restrictive. The landlord is also responsible for removal of the waste.

Supply Running Water and Reasonable Amounts of Hot Water and Heat

Landlords are required to supply running water as well as reasonable amounts of hot water as stated in the state statute or per applicable codes should they be more restrictive. As for heat, landlords must supply reasonable heat under state statute or applicable local code if more restrictive from October 1 through May 1. This is with the exception of dwellings that are specifically not required by law and those units constructed in a manner in which the tenant has exclusive control over heat and hot water through a direct public utility connection.

When a landlord fails to uphold any of the above safety concerns as required, the landlord may be held liable.

PALUMBO LAW Helps Those in Rhode Island Whose Landlord Has Failed to Uphold His or Her Legal Requirements

When you are dealing with a landlord who fails to uphold what he or she is required to do, you may feel as though you have no remedy. However, a knowledgeable and experienced real estate attorney can help.

At PALUMBO LAW, our experienced Rhode Island real estate lawyers work strategically to help our clients to get what they deserve. We have deep experience working with landlords and understand how to deal with them. To learn more or to schedule a free consultation, call us today!

Real estate attorney sitting with client

What is Foreclosure Mediation?

Posted on November 21, 2022

With inflation and the current state of the economy, millions of Americans are facing financial hardship. While it’s likely only temporary and finances will again improve for many, until that happens it can be easy to start falling behind on various bills, including your mortgage payments. Although this can lead to foreclosure proceedings, you may have options for staving off the process.

Certain states, counties, and cities offer a special type of mediation program for homeowners who are in foreclosure. Luckily, Rhode Island does participate in the foreclosure mediation program.

Alternative Dispute Resolution

Mediation in general is a type of “ADR,” or alternative dispute resolution, which helps parties to come to a negotiation or agreement with the assistance of a mutually selected, impartial, and neutral person (the “mediator”).

When it comes to foreclosure mediation, the program brings homeowners and foreclosing banks or lenders together to work out their foreclosure matter. It’s important to note that participating in foreclosure mediation (or mediation of any kind) does not guarantee the results you desire. However, you may be able to avoid foreclosure with a modification, short sale, deed, repayment plan, or other option.

The Foreclosure Mediation Process

Before the mortgage is 120 days delinquent and before foreclosing upon a property, the lender must provide the following:

A notice about foreclosure;
A notice about the foreclosure mediation program;
Information about choosing the foreclosure mediation program; and
Contact Information for low-cost legal services and HUD-approved housing counselors.

Under Rhode Island law, you have the right to a free, in-person or telephone mediation conference with an independent mediation coordinator to help you avoid mortgage foreclosure. Your bank/lender may not foreclose upon you unless you have been given the opportunity to participate in this mediation conference. Your mediation conference must be schedule within 60 days of the notice being mailed to you.

If you don’t respond to the notice or if you don’t cooperate with the program, the foreclosure process will proceed.

Will Foreclosure Mediation Prevent Foreclosure?

As mentioned, participating in foreclosure mediation does not automatically mean that you will avoid foreclosure; you could still end up having your home foreclosed upon. However, participating in foreclosure mediation definitely increases your chances of avoiding foreclosure. Therefore, there is no reason why you wouldn’t at least engage in the conference. At the very least, the program will buy you some extra time in your home before you are foreclosed upon.

PALUMBO LAW Helps Those in Rhode Island with their Real Estate Needs

The threat of foreclosure on your home can be devastating, confusing, and complicated. This is why it’s so helpful to consult with a knowledgeable and experienced Rhode Island real estate attorney who knows the ins and outs of foreclosure and the foreclosure mediation process.

At PALUMBO LAW, our experienced Rhode Island Real Estate lawyers will walk our clients through the foreclosure mediation process. To learn more or to schedule a free consultation, call us today!

Why You Must Act Promptly When Filing a Property Insurance Claim

Posted on November 10, 2022

When you suffer property damage you may find yourself preoccupied with trying to locate the source of the damage (if not apparent), and to fix it. However, in order to have your insurance company cover your claim, you must give prompt notice of your loss. Almost every homeowner’s insurance policy requires this and can be found in the section explaining your duties after loss. The point of providing your insurance carrier with prompt notice is to allow the company to investigate the loss, see what caused it, and how much it would cost to repair.

What Constitutes “Prompt Notice?”

It’s important to understand what constitutes prompt notice so as to ensure that you act in time. Prompt notice essentially means that you report the loss within a reasonable amount of time after discovering it. What would be reasonable is the length of time that a reasonable person in the same or similar situation would take to report the loss. While there isn’t a specific amount of time, we know that waiting a month or a year would be unreasonable. It’s important to note that you are in no way obligated to know the extent of the damage or to obtain a quote for repairing it prior to reporting the loss.

Complying with Terms and Provisions

When you sign your insurance policy it likely contained a requirement that you comply with all of the terms within it. One such provision that is likely in your policy is that you must provide the company with prompt notice of your loss. If you fail to provide prompt notice of your loss or fail to comply with any of the terms of the policy, your insurance carrier has the right to deny your claim.

The Insurance Company Can’t Properly Investigate

When you fail to provide prompt notice of your loss to your insurance company, your company will probably argue that it was not able to properly investigate your loss as it would have been with such notice. By not providing prompt notice the company is unable to take a look at the damage, investigate its cause, and assess the necessary repairs soon after the damage has occurred. Without the ability to do the aforementioned, the insurance company can deny your claim.

You do not want to give your insurance carrier the opportunity to deny your claim outright based upon inaction.

PALUMBO LAW Helps Those in Rhode Island with their Water Damage Claims

Dealing with Mold Exposure in your Home Due to Water Damage

Posted on October 21, 2022

It is devastating to learn that you have mold in your home due to water damage, but even scarier to know that it has been linked to a wide array of health issues. The best way to prevent these health conditions is by tending to the mold as soon as possible. Doing so can minimize the likelihood of health issues and the damage done to your property. Here are steps to take if you have mold in your home due to water damage.

Locate the cause of the water damage.

While it may be clear as to where the water damage originated from, sometimes it’s not so obvious. It’s important to look into and locate the source of the water in order to do anything about it.

Stop the leak or source of the water and clean up any excess.

Once you have figured out the cause of the water damage you will want to stop the leak or the source of it. For instance, if the water damage has been caused by a faulty pipe, it’s imperative that you fix or replace the pipe. It does no good to resolve the water damage if it could continue to occur. After the source has been fixed, you will want to clean up any excess water. This may require things such as drying out carpets with fans or shop vacs.

Throw out moldy and water-damaged property.

While upsetting, it’s important that you throw out all of the property that has been found to be moldy. This often includes carpet, drywall, and furniture. Even if property is wet but not moldy, it’s still best to throw it out since it can easily develop mold. While handling the moldy property, you should be sure to wear an N-95 mask and place everything into trash bags.

Use a mold-killing fungicide to clean moldy surfaces.

Although people tend to use bleach when cleaning up areas of mold, mold remediators recommends using specific products that are designed for the purpose of killing. Mold. Although bleach can kill the mold it generally results in other damage and can pose a health risk. Be sure that you wait until the surfaces are dried prior to replacing or fixing anything.

Repair property with prevention and mitigation in mind.

While extremely unfortunate, suffering water damage can be a positive opportunity to make changes that can help to prevent future mold growth and subsequent damage. Things such as mold-resistant paint can make for good options.

Mold remediation professionals can always help you to clean up any mold. Since hiring a professional can sometimes be costly, it’s best to look at your homeowner’s insurance policy to determine if you have any coverage.

PALUMBO LAW Helps Those in Rhode Island with their Water Damage Claims

Who is Considered a Declarant of a Condominium and What Are Their Rights?

Posted on October 12, 2022

When you are considering purchasing a condominium, it’s important that you understand as much about it as possible. One thing that you should be aware of is who is considered a Declarant of the condominium and what their rights are or who controls which rights. Here is what to know.

Who is a Declarant?

Generally, the “Declarant” is the person or entity that owns the property upon which the condominium will be built. When a developer declares through a declaration that land will be restricted to a condominium, the developer also reserves certain rights as the Declarant.

The Declarant has a lot of authority to set the restrictions and covenants of future unit owners. The Declarant can also establish the Home Owner’s Association (HOA). After most of the condominiums in a building have been sold, the developer will create the HOA board and will give the board the rights and responsibilities associated with taking care of the building and community.

Although developers don’t have to keep declarant rights for themselves, they usually do.

How Do You Know the Identity of Your Condo’s Declarant?

While you may not know that your condominium building has a Declarant, or who the Declarant is, you can find out. Declarants can always be located in public land records, which can be found in the county location of the condominium.

What Are the Rights of the Declarant?

You can locate the Declarant rights in the condominium’s Declaration, which can be located in the unit owners’ contract, through the Declarant, or through the HOA. After the formation of the condominium community, the Declarant is able to reserve just about any rights they desire.

Various types of rights that Declarants often reserve include:

Construction
Promotion
Architectural control
Easement
Dedication
Assignment
Assessment
Amendment

Can Declarant Rights Be Transferred?

A Declarant can transfer declarant rights in whole or in part to other individuals or entities, such as corporations. This can usually occur without the approval of the HOA. Developers will often transfer their declarant rights to home builders, lenders, and other subsequent developers. Therefore, it’s important to understand that the original Declarant as listed in the original Declaration for the condominium may not be the current Declarant or may be a co-Declarant with another party or parties.

So, How Do You Know the Identity of the Current Declarant?

When transferring declarant rights, the law requires that there is a public record of it. The date that the document is recorded or filed is the date that the transfer becomes effective. Declarant rights will be transferred using an Assignment of Declarant Rights, which will be filled out by the Declarant who is transferring the rights and the person or entity that they are being transferred to. Since declarant rights can be transferred in whole or in part, there may be more than one Declarant of condominium at any given time.

A Declarant no longer has authority when that Declarant’s rights are either terminated or expire. While some statutes require some declarant rights to expire, generally declarant rights continue until the end of their own set terms or are terminated by the Declarant.

PALUMBO LAW Helps Those in Rhode Island with their Real Estate Needs

At PALUMBO LAW, our experienced Rhode Island Condominium Law attorneys understand Rhode Island condo law and will work strategically to help our clients to get what they deserve. If you believe that a condo unit owner has committed a nuisance, we can help. To learn more or to schedule a free consultation, call us today!