R.I. Gen. Laws § 34-36.1-3.16
Lien for assessments
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Statutory text
(a) The association has a lien on a unit for any assessment levied against that unit or
fines imposed against its unit owner from the time the assessment or fine becomes
due. The association’s lien may be foreclosed in accordance with and subject to the
provisions of § 34-36.1-3.21. Unless the declaration otherwise provides, attorney’s fees, charges, late charges,
fines, and interest charged pursuant to § 34-36.1-3.02(a)
—
are enforceable as assessments under this section. If an assessment is payable
in installments, the full amount of the assessment is a lien from the time the first
installment thereof becomes due.
(b)
A lien under this section is prior to all other liens and encumbrances on a unit except:
(i) Liens and encumbrances recorded before the recordation of the declaration and not
subordinated to the declaration,
(ii) A first mortgage or deed of trust on the unit recorded before the date on which the
assessment sought to be enforced became delinquent, and
(iii) Liens for real estate taxes and other governmental assessments or charges against
the unit.
The lien is also prior to any mortgage or deed of trust described in subdivision (b)(1)(ii)
of this section to the extent of the common expense assessments based on the periodic
budget adopted by the association pursuant to § 34-36.1-3.15(a) which would have become due in the absence of acceleration during the six
months
immediately preceding the foreclosure of the interest of the unit owner including
any costs and reasonable attorney’s fees not to exceed two thousand five hundred dollars
($2,500), incurred in the collection of any delinquent assessment or other charges
by legal proceedings or otherwise and all costs of foreclosure held pursuant to section 34-36.1-3.21, including, but not limited to, publication, advertising and auctioneer costs, said
foreclosure costs not to exceed five thousand dollars ($5,000) (for a total aggregate
of attorney’s fees and costs of seven thousand five hundred dollars ($7,500)).
The priority amount under subdivision (b)
above shall not include any amounts attributable
to special assessments, late charges, fines, penalties, and interest assessed by the
association.
When any portion of the unit owner’s share of the common expenses has been delinquent
for at least sixty
days the association shall first send a notice stating the
amount of the delinquency to the unit owner by certified mail, return receipt requested,
and first class mail. The association shall also send a notice by certified mail,
return receipt requested, and first class mail, stating the amount of the delinquency
to the holder of the first mortgage or deed of trust as it appears in the land evidence
records at the address appearing in the mortgage or deed of trust or such other address
as the first mortgagee may provide in writing to the association.
The failure of the association to send the first mortgagee the notice of sixty
days delinquency of common expense assessments, as described in subsection (b)
above, shall not affect the priority of the lien for up to six
months common expense
assessments, but the priority amount shall not include any costs or attorney’s fees.
This subsection does not affect the priority of mechanics’ or materialmen’s liens,
or the priority of liens for other assessments made by the association.
(c) Unless the declaration otherwise provides, if two
or more associations have liens
for assessments created at any time on the same real estate, those liens have equal
priority.
(d) Recording of the declaration constitutes record notice and perfection of the lien.
No further recordation of any claim of lien for assessment under this section is required
but is permitted.
(e) A lien for unpaid assessments is extinguished unless proceedings to enforce the lien
are instituted within six
years after the full amount of the assessments becomes
due.
(f) This section does not prohibit actions to recover sums for which subsection (a) creates
a lien or prohibit an association from taking a deed in lieu of foreclosure.
(g) A judgment or decree in any action brought under this section must include costs and
reasonable attorney’s fees for the prevailing party.
(h) The association, upon written request shall furnish to a unit owner or the holder
of a first mortgage or deed of trust granted with respect to such unit owner’s unit
a recordable statement setting forth the amount of unpaid assessments against his
or her unit. The statement must be furnished within ten
business days after receipt
of the request and is binding on the association, the executive board, and every unit
owner.
(i) The association may take action for failure of a unit owner to pay any assessment
or other charges pursuant to this section. The delinquent unit owner shall be obligated
to pay all expenses of the executive board, including reasonable attorney’s fees,
incurred in the collection of the delinquent assessment or other charges by legal
proceedings or otherwise, such attorney’s fees and other charges also being a lien
on the unit. The delinquent unit owner shall also be obligated to pay any amounts
paid by the executive board for taxes or on account of superior liens or otherwise
to protect its lien, which expenses and amounts, together with accrued interest, shall
be deemed to constitute part of the delinquent assessment and shall be collectible
as such.
Synced from the Florida Legislature’s official site. Verify the current version before citing.
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Reference only — not legal advice. Verify current text at the official state legislature website before citing. Printed from Common Elements (July 4, 2026).