Foley v. Osborne Court Condominium, 96-360 (1999) (1999)

Citation: Foley v. Osborne Court Condominium, 96-360 (1999) (1999)
Parent Document: Foley v. Osborne Court Condominium, 96-360 (1999) (1999)
Jurisdiction: Rhode Island (state)
Effective Date: 1999-07-26
Original Source: https://www.courtlistener.com/opinion/4112745/foley-v-osborne-court-condomini... ↗

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The pertinent provisions of the 1982 Act that allegedly violate Article 10 are those which empower condominium associations with the right to assess fines and use foreclosure proceedings to collect those fines. The Old Act authorizes an association to charge fees for common expenses and provides that unpaid fees become liens on an owner's interest in the unit. § 34-36-20. The 1982 Act further authorizes an association to impose charges for late payment of assessments and to assess fines for violating the declaration, bylaws, and rules and regulations of the association. The pertinent provisions of the 1982 Act are set forth below. Section 34-36.1-3.02, entitled "Powers of unit owners' association," provides that the Condominium Association has the power to: "(1) Adopt and amend bylaws and rules and regulations;

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