Condo Media - May 2020 - 61

It is contemplated that a Condominium Declaration will contain certain
restrictions and covenants-as that is
the very foundation of an association.
Section 2.05 (a)(12) of The Act states
that "The declaration for a condominium must contain ..." Any restrictions
on use, occupancy, and alienation of
the units, including any housing restrictions as set forth in § 34-39.1-3."
Applying 34-4-21 to R.I. condominium associations would certainly
render an absurd result-invalidated all
condominium covenants and restrictions after 30 years (except housing
restrictions pursuant to 34-39.1-3,
which are otherwise exempted from
the 30-year limitation via 34-4-21).
Furthermore, it can be argued that the
recorded covenants and restrictions
in a condominium declaration are not
unlimited in time, as they are only valid
so long as the association is active and
therefore the cited section 34-4-21,
would not apply.
Section 1.08 and the comment thereto note that other statutory provisions
apply so long as they are not inconsistent with the Act. As explained above,
34-4-21 is certainly inconsistent with
the Act as a whole. While I would prefer
Section 1.08 to be clearer as to the inapplicability of 34-4-21, it is my opinion
the language would be sufficient if the
issue was ever brought before the court.
Florida, which has a similar statue
regarding the expiration of covenants,
is much clearer in its condominium act,
which states, "All provisions of the declaration are enforceable equitable servitudes, run with the land, and are effective
until the condominium is terminated."
(See: The Florida Condominium Act,
Title XL; Chapter 718 Section 104).
In sum, it is safe to say that condominium declarations do not expire in
30 years. So while this unit owner's novel
excuse caused me to stop and question
everything I've come to know about
condominiums-it just might be 30 years
before someone can do that again.
■ MARY JOY HOWES, ESQ.,

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Condo Media - May 2020

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