Rhode Island Statewide Rule

Rhode Island Condominium Assessments, Liens & Foreclosure (RICIOA § 34-36.1-3.16)

Heavy RestrictionsApplies statewide across Rhode Island (2026)

Key Facts

Governing statute: R.I. Gen. Laws § 34-36.1-3.16
Super-priority over mortgage: 6 months of common expense assessments
Fee/cost cap in lien: $2,500 attorney's fees + $5,000 costs ($7,500 total)
Foreclosure method: Non-judicial power of sale (§ 34-36.1-3.21)
Lien time limit: Extinguished if not enforced within 6 years

Last verified: September 5, 2026

Summary

Under Rhode Island's Common Interest Ownership Act, an association has an automatic lien on a unit for unpaid assessments and fines. The lien carries a six-month super-priority over a recorded first mortgage, and the association may foreclose it by non-judicial power of sale.

(b) (1) 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.

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Full Breakdown

R.I. Gen. Laws § 34-36.1-3.16 gives the association "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 lien is prior to other encumbrances except pre-declaration liens, a first mortgage recorded before the assessment became delinquent, and real estate tax liens. But it beats that first mortgage to the extent of common expense assessments "during the six (6) months immediately preceding the foreclosure," plus attorney's fees up to $2,500 and foreclosure costs up to $5,000 ($7,500 aggregate). Section 34-36.1-3.21 authorizes non-judicial foreclosure by public auction. The lien is extinguished unless enforced within six years.

Violations & Penalties

Unpaid assessments and fines become an automatic lien on the unit; the association may foreclose by public auction under § 34-36.1-3.21, and recover up to $7,500 in attorney's fees and foreclosure costs.

Frequently Asked Questions

Can a Rhode Island condominium association foreclose on my unit for unpaid dues?

Yes. Section 34-36.1-3.16 creates an automatic lien for unpaid assessments and fines, and § 34-36.1-3.21 lets the association sell the unit at public auction (non-judicial foreclosure) after certified-mail notice to the owner and first mortgage holder and newspaper publication.

What is the six-month super-priority lien in Rhode Island?

The association's lien is prior to a first mortgage to the extent of the common expense assessments that became due during the six months immediately preceding the foreclosure, plus capped fees and costs, so that amount must be paid even ahead of the lender.

Does the first mortgage holder have any redemption right?

Yes. Under § 34-36.1-3.21 the first mortgagee has a 30-day right of redemption after the post-sale notice, exercisable by paying all assessments, attorney's fees, and costs.

Sources

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