Supreme Court of Rhode Island
Joseph F. Alessi v. Bowen Court Condominium
June 4, 20122012 R.I. LEXIS 70
Summary
The Rhode Island Supreme Court affirmed the Superior Court’s summary‑judgment ruling that the plaintiff’s claim to exclude the withdrawable parcel from Bowen Court Condominium failed because the declarant’s ten‑year reservation had expired. The Court held that § 34‑36.1‑2.18(i) must be read in harmony with the statutory time limits and that unexercised declarant rights pass to the unit‑owners’ association. The decision rejected the notion of a perpetual mortgagee right to demand exclusion after foreclosure.