Hurdles to Condominium Development – Conflicts With Regional Zoning Regulation In Rhode Island

The Rhode Island Condominium Act (the “Act”) prohibits discrimination by area regulation from condominiums. “A zoning, subdivision, setting up code,Seaside Residences Siglap or other genuine estate law, ordinance or regulation may not prohibit the condominium method of possession or impose any prerequisite on a condominium which it could not impose upon a physically identical progress beneath a unique form of ownership, or usually regulate the creation, governance, or existence with the condominium sort of ownership” (R.I.G.L. 34-36.1-1.06). Sadly, discrimination towards the condominium method of possession has actually been widespread in Rhode Island.

There are numerous several types of qualities that were produced as or transformed into condominiums. Additional usual sorts of condominium possession include household, office environment, retail, and industrial models. Other not so common jobs consist of household, business, and industrial land only models; parking a lot; boat docs; time-shares; and seaside cabanas. Many declarants have seasoned discrimination versus the condominium method of possession. Prior to now, some metropolitan areas and cities inside Rhode Island experienced in the beginning refused to document declarations of condominiums thereby protecting against the creation of condominiums. The issue is probably going a matter of bewilderment that a condominium is simply a sort of ownership instead of a need to discriminate. Rhode Island scenario record demonstrates that this trouble occurs much more regularly in the fewer regular condominiums varieties (e.g. parking heaps, enhanced land device jobs and legal non-conforming properties). A variety of Rhode Island situations support the premise that discrimination by community municipalities will not be unheard of.

The town of South Kingstown tried out to avoid the development of the car parking zone condominium. The issue was litigated. Inside the situation of McConnel v. Town of South Kingstown, the court docket held that a conversion of a parking lot into individual models was not subject matter on the city of South Kingstown’s regulation as a subdivision (See 543 A.2d 249; 1998 R.I. Lexus 103). Within the similar matter the Town tried to avoid the formation of a retail condominium. The court docket effectively held which the conversion of a legally non-conforming multi-unit retail house isn’t going to represent a subdivision of serious home neither is it a “use” that may be regulated pursuant into the Town’s zoning ordinances (See 1987 R.I. Super. LEXIS 163).

The Town of Westerly tried out to limit the creation of the beach front cabana condominium. The Rhode Island Outstanding Court docket held that Westerly zoning board improperly included a affliction “that the shape of householders of seashore cabana condominiums shall be through membership only not as a result of specific possession as in apartment possession.” The court correctly concluded that “to limit a type of property ownership within the hopes of curing a probable parking issue is clearly an mistake of law” (See 1991 R.I. Super LEXIS 198).

The city of Coventry attempted to apply its subdivision restrictions during the scenario of Coventry v. Glickman. The court thoroughly held that a lawful non-conforming parcel of land which was improved with the federal federal government with thirty-two single-family houses can be bought individually and weren’t topic to your Town’s subdivision restrictions (See 429 A.2d 440; 1981 R.I. LEXIS 1142).

The city of Westerly tried to circumvent the appropriate formation of the resort condominium. In the situation of Westerly v. Waldo, the courtroom thoroughly held that a resort could be transformed to the condominium sort of ownership. (524 A.second 117; 1987 R.I. LEXIS 471)

All of your earlier mentioned spelled out cases explain instances the place declarants of condominiums had been pressured to litigate to be able to basically utilize the statutorily authorized condominium method of possession. With any luck ,, by education and learning plus a better understanding of the condominium kind of ownership there’ll be fewer obstructions during the formation of condominiums without having the necessity of pricey litigation.