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Condominium Law

Rhode Island & Massachusetts Condominium Attorneys 

Through the years, the number of condominium associations in Rhode Island and Massachusetts has dramatically increased.  The related legal considerations relating to condominiums can seem overwhelming.  Whether you are a board member, unit owner, condominium developer or property owner looking to convert an existing property into a condominium it is crucial to have proper legal representation.

Located in Cranston, the Law Offices of Richard Palumbo is the premier real estate law firm serving clients in Warwick, Coventry, Johnston, Providence, Pawtucket, Central Falls, and throughout Rhode Island and Massachusetts. Our firm can assist you with all of your condominium legal needs, from formation of condominium associations, amendment of existing condominium documents, transition of control from the declarant to the unit owners, property management, easement issues, tax questions, financing, insurance coverage and insurance claims, condominium fee collections, FHA certification, to resale certificates.  

Our legal team is well versed in Condominium Law and has decades of experience representing condominium associations and developers on a wide range of issues, including, but not limited to:

  • Formation of condominium associations;

  • Transition of control from the developer to the unit owners;

  • Assisting the Board of Directors of the association;

  • Drafting condominium association declarations, bylaws, amendments, etc.;

  • Rule enforcement;

  • Collections of past due condominium fees (Never a fee to the association);

  • Loans for the Condominium Association;

  • FHA certification and recertification;

  • Resale certificates;

  • Dispute resolution and litigation;

  • Insurance adjusting of large losses and

  • Litigation for denial or delay of an insurance claim.

Representing Developers of Condominiums

The Law Offices of Richard Palumbo provides complete and competent representation for Developers of Condominiums and offers all aspects of developer representation including:

  • Drafting and negotiating the purchase and sales agreement;

  • Assistance with due pre-purchase diligence itemsi.e. inspections, environmental reports, surveys, engineering reports, etc.

  • Title Search and Title Insurance;

  • Developer representation at the purchase closing;

  • Land use approvals;

  • Drafting of Home Owner Association Documents;

  • Drafting of Condominium Documents;

  • Representing the developer at the closing of the purchase of the land and

  • Representation of the developer at the closings of the sale of the units.

We offer very competitive, flat rate and cutting edge condominium document packages. Our flat rate condominium document packages include the following:

  • declaration of condominium;

  • bylaws;

  • rules and regulations;

  • sample amendment;

  • sample unit owner’s deed;

  • sample proxy;

  • sample certificate of completion;

  • limitation of warranty;

  • public offering statement and

  • custom drafted purchase and sales agreement.

Loans for Condominium Associations.

  • We have a network of lenders who specialize in loans for condominium associations.

  • We are one of a select few firms that close condominium association loans.

  • There is no obligation to apply for a condominium association loan.

  • Condominium Association Loans are secured by the monthly condominium fees.

  • Condo loans can be used to make needed repairs to your association including but not limited the following: new roofs, siding, decks, porches, parking lots and more.

Rhode Island Condominium Basics

A condominium is any real estate project that includes individually owned units (i.e. a residential condominium unit, commercial condominium unit, etc.) and common elements (i.e. general common elements and limited common elements) that are owned by the unit owners.  In order to create a condominium, it is necessary to prepare a declaration of condominium that conforms with the Rhode Island Condominium Act (for all condos created after July 1, 1982).  The declaration must be recorded in the land evidence records of the town or municipality where the condominium is located. Our experienced condominium association attorneys routinely prepare declarations and other essential condominium documents.

Declaration, Bylaws and Rules and Regulations

The declaration declares or creates the condominium form of ownership.  The bylaws are the governing document of a condominium association and may contain some of the more serious restrictions of the condominium as compared to the rules and regulations of the association.  All provisions of the declaration, bylaws and rules are all enforced by the association’s elected officials, board members or executive board.  The declaration and bylaws can be amended by a certain percent vote of the association members. The declaration and bylaws clarify the rights and responsibilities of the owners and the community. The declaration and bylaws may prohibit owners from altering the exterior with the permission of the association, may regulate pets or leasing and allow representatives of the association to enter a owner’s unit.

The Responsibilities of the Board of Directors

The condominium board of directors is tasked with carrying out its duties in accordance with state law and the governing documents of the condo association, in particular the bylaws. The board members are elected by the unit owners to run the association and manage the property. In some cases, the board may assume the management duties, although many associations hire managers. In carrying out its administrative duties, the board is often called upon to resolve community problems ranging from property damage to disputes between owners and residents.  The directors have an obligation to act in the best interests of the association.

Maintenance

Unit Owners are responsible for repairs to their units.  However, the board is responsible for the maintenance of the common areas, such as the building exterior, hallways and parking lots, or amenities such as pools, tennis courts, and boat docks, etc.  The board is also required to arrange for regular inspections and routine maintenance, and make additional repairs as needed.

Finance

The board is responsible for managing the condo association’s finances, the proceeds of which are derived from fees that assessed to each member or owner. The fees, used for the association operations, such as administration and repairs, are adjusted annually according the association’s budget. The board is responsible for collecting the fees from the owners and taking legal action against owners who don’t or refuse to pay.  

Collection of Past Due Condominium Fees

Our firm collects past due condo assessments at “no cost or charge” to the condominium association.  Instead, the firm is paid by the condominium unit owner or the holder of the first mortgage. 

Rhode Island Condominium Association Attorneys

The Law Offices of Richard Palumbo provides comprehensive legal services to condominium associations of all sizes. We leverage our extensive real estate knowledge and negotiating skills to design innovative solutions to the legal challenges faced by condominium associations.

Our attorneys have extensive experience preparing condominium documents including declaration of condominium, bylaws, rules and regulations, amendments, unit owner’s deeds, proxies, certificates of completion, limitations of warranty, public offering statements and custom purchase and sales agreements.

We also represent condominium developers on a variety of matters such as drafting and negotiating purchase and sales agreements, due diligence - inspections, environmental reports, surveys, engineering reports, etc., title research and title insurance, land use approvals, drafting Homeowner Association and Condominium documents, and representation at the purchase closing and sale of units.

Attorney Richard Palumbo is a frequent speaker regarding condominium law.  Some of the educational condominium law seminars that Attorney Palumbo has presented at are listed below.

"Legal Aspects of Condominium and Homeowners' Associations in Rhode Island" sponsored by Lorman Education Services 

"Rhode Island Condominium Law" sponsored by The Rhode Island Realtors Association 

Contact a RI Condominium lawyer today at The Law Offices of Richard Palumbo, LLC.

Condominium law is a unique aspect of real estate law.  Our highly capable condominium legal team routinely provides superior legal representation to condominium associations and developers.  Call our office today to set up a consultation or complete the contact form on our website.

 


The Law Offices of Richard Palumbo, LLC assists clients with Real Estate Law, Business Law, Probate, Evictions for Landlords and Property Damage matters in Rhode Island including Cranston, Warwick, Coventry, Johnston, Providence, Pawtucket, Central Falls and all areas throughout RI.



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