How to Fight an HOA Violation in Rhode Island

Rhode Island's Condominium Act (R.I. Gen. Laws §34-36.1) sets both the procedure and the dollar limits for condominium fines. Non-condominium HOAs follow the procedure in their own governing documents. Compare Rhode Island's rules to neighboring states: Massachusetts, Connecticut.

The Rhode Island Condominium Fining Process (§34-36.1-3.20)

1. Written Violation Notice — The association must provide written notice identifying the specific violation, the governing-document provision allegedly violated, and the proposed fine.
2. Notice and Opportunity for a Hearing — Under §34-36.1-3.20(a), notice and the opportunity for a hearing must be provided before a fine is imposed. The statute does not set a fixed number of days; check your governing documents for the timeframe to request a hearing.
3. Statutory Fine Caps — A condominium fine cannot exceed the statutory maximum: $100 per day (residential daily fine) or $500 (residential non-daily fine). Any CC&R/bylaw provision setting a different maximum is void.
4. Board Decision — After the hearing, the board or designated committee makes a determination and communicates the decision in writing.
5. Fine Enforcement — A fine that exceeds the statutory cap, or that was imposed without notice and a hearing, is invalid and can be challenged in Rhode Island courts.

Each step must be followed. Procedural failures — or a fine above the statutory cap — can invalidate the fine. Rhode Island courts have recognized that HOAs must follow their own procedures and act in good faith.

Follow this systematic approach to maximize your chances of successfully challenging an unfair HOA fine in Rhode Island.

Step 1: Review the Violation Notice Carefully

Upon receiving a violation notice, examine it for these required elements:

• Specific description of the alleged violation — not vague language like "property not maintained"
• Exact CC&R, bylaw, or rule section cited as the basis for the violation
• Proposed fine amount — and whether it exceeds the statutory cap (for condos, $500, or $100/day)
• Notice of your right to a hearing
• Deadline and procedure for requesting a hearing
• Instructions for curing the violation

Step 2: Check the Fine Against the Statutory Cap

For condominiums, compare the proposed fine to §34-36.1-3.20:

• A daily fine over $100/day (residential) exceeds the statutory cap and is invalid
• A non-daily fine over $500 (residential) exceeds the statutory cap and is invalid
• If your CC&Rs set a higher maximum, that provision is void — the statute controls
• Confirm the rule itself was properly adopted and is consistent with the Condominium Act and fair housing law

Step 3: Document Everything

Build your evidence file immediately:

• Timestamped photos of your property and the alleged violation
• Photos of neighboring properties with similar landscaping, parking, or maintenance conditions not fined (selective enforcement)
• All correspondence with the HOA about this violation
• Prior approvals from the architectural review committee if applicable
• Weather or seasonal factors if relevant (e.g., landscaping during winter)

Step 4: Request and Attend the Hearing

Exercise your right to be heard under §34-36.1-3.20:

• Submit a written request for a hearing within the timeframe your governing documents require
• Prepare a written statement with your defenses and evidence
• Present evidence of selective enforcement if applicable
• Point out if the fine exceeds the statutory cap
• Bring witnesses or supporting documents
• Remain professional and factual throughout

Step 5: Know Your Post-Hearing Options

If the hearing goes against you:

• Request a written decision with the board's reasoning
• Check governing documents for internal appeal procedures
• Consider mediation as an alternative to litigation
• Consult with a Rhode Island real estate attorney for court action
• File a complaint with the Rhode Island Attorney General if the HOA engaged in fraud or deceptive practices

Selective enforcement is one of the strongest defenses available to Rhode Island homeowners facing HOA fines. When an HOA enforces rules against some homeowners while ignoring identical violations by others, it violates its duty to act fairly and in good faith.

Legal Basis for Selective Enforcement Defense

Rhode Island courts recognize selective enforcement as a valid defense because:

• HOA boards have a fiduciary duty to treat all owners equitably
• Rules must be applied uniformly to be enforceable
• Selective application may constitute evidence of retaliation or personal targeting
• Inconsistent enforcement undermines the legitimacy of the restriction
• Rhode Island courts follow the general principle that HOA rules must be enforced in a non-arbitrary manner

Building Your Selective Enforcement Case

Step 1: Walk your community and photograph 3-5 properties with the same or similar conditions as your alleged violation:

• Landscaping violations — overgrown yards, unapproved plantings, dead trees
• Parking violations — similar vehicles, parking locations, or storage
• Architectural modifications — similar structures, paint colors, or additions
• Holiday or seasonal decorations — similar displays or timeframes

Step 2: Request enforcement records from the HOA (for condos, under §34-36.1-3.18):

• List of all violations issued in the past 2-3 years
• Which violations resulted in fines and which were dismissed
• Board meeting minutes where enforcement actions were discussed
• The HOA's written enforcement policy and procedures

Step 3: Create a compelling presentation for the hearing:

• Side-by-side photo comparisons: your property vs. unfined properties
• Timeline of enforcement actions showing inconsistency
• Written argument citing the board's duty to enforce uniformly