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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 34-11-22

Citation
Section 34-11-22
Parent Document
Foley v. Osborne Court Condominium, 96-360 (1999) (1999)
Jurisdiction
Rhode Island (state)
Effective Date
1999-07-26

Full Text

688 chars
It is the authority to impose fines and to enforce them that distinguishes the 1982 Act from other legislation. The power to impose daily fines further distinguishes the 1982 Act from other statutes. Although the unit owner is afforded an initial hearing before the fine is imposed, the daily fine continues to accrue without requiring that the owner be given additional opportunities to be heard. It is arguable that the association can permit the daily fines to accrue until they reach the amount of the owner's equity in the unit, and then, the association can choose to foreclose on the lien and deprive the owner of his or her interest in the condominium or the proceeds of its sale.