Obstacles Condominium Training - in conflict with local Zoning Law in Rhode Island

Rhode Island Condominium Act (the "Act") prohibits discrimination against local laws condominiums. "A plan of land use, subdivision, building code or other real estate law, ordinance or regulation may prohibit the condominium form of ownership of the application, or call for a condominium that would require a physically identical development under a different form of property, or otherwise regulate the production, management, or the existence of the condominiumForm of ownership "(Riglio 34-36.1-1.06). Sorry for the condominium form of ownership, discrimination is common in Iceland Rhode.

There are many different types of properties that have developed as or converted into condominiums. Other typical forms include residential condominiums, offices, retail and commercial units. Other non-typical projects include residential, commercial and industrial unit 'parking, boatdocs, time-shares, and cabins on the beach. Many journalists have been discriminated against on the condominium form of ownership. In the past, cities and municipalities in Rhode Island had refused at first, condominiums record declarations of condominiums which to build. The problem is probably a matter of misunderstanding that only a condominium is a form of property, such as the desire Das. Rhode discriminate Iceland historyshows that this problem occurs more frequently in types that are less typical buildings (eg, parking lots, improved project land units and right of property does not comply). A number of cases of Rhode Island, support the premise that discrimination on the part of local authorities is not unusual.

The city in South Kingstown tried to prevent the creation of a condominium parking lot. The case was processed. In the case of McConnell v. City of South Kingstown, the Court heldthat a conversion of a parking space in individual units not subject to the town of South Kingstown-regulation as a subdivision (See 543 A.2d 249, RI 1998 Lexus 103). In the same issue of the city is trying to prevent the formation of a retail condominium. The court decided correctly that the conversion of a non-legally compliant space multi-unit retail is not a subdivision of the property or a "use" of the city building code regulated(See 1987 RI Super. LEXIS 163).

The town of Westerly condo tried to limit the creation of a cabin on the beach. Rhode Island Superior Court ruled that a Westerly Zoning Board improperly condition "that form the owners of houses on the beach cabana is not covered by the members only apartment property owned by individuals." The court correctly observed that "a form of property, hoping to heal a limit parking problem can be clearly an error of law "(see 1991 RI Super LEXIS 198).

The city of Coventry has tried its subdivision regulations apply in the case of Coventry v. Glickman. The court decided correctly that a legal non-conforming parcel, which was approved by the federal government with thirty-two single-family homes could be improved are sold separately and were not part of the city subdivision regulation (see 429 A.2d 440;? 1981 RI LEXIS 1142).

The city> Westerly tried to prevent the correct formation of a hotel condominium. In the case of Westerly V. Waldo, the judge correctly decided that a form of ownership condominium hotel can be converted. (524 A.2d 117, 1987 RI LEXIS 471)

All the cases cited above describe the cases in which journalists had to leave the process of building condominiums only legally recognized form of ownership was. Hopefully, through education and the bestUnderstanding the condominium form of ownership there will be fewer obstacles to the formation of condominiums, without the need for costly litigation.