§ 34-41-3.16. Referendum of owners.
(a) No amendment to the project instrument may be adopted except pursuant to this section or § 34-41-3.15. The project instrument may specify other matters to be determined by referendum of the owners and may permit the managing entity to select matters to be determined in that manner.
(b) Whenever an amendment to a project instrument proposed by the managing entity, or other matter, is to be determined by referendum, the managing entity shall prepare and, not less than thirty (30) days or more than one hundred eighty (180) days before the votes are to be counted, shall mail to each owner a ballot stating each matter to be determined and affording the opportunity to vote “yes” or “no” on each matter. The ballot may be accompanied by a letter from the managing entity recommending a particular decision.
(c) On the date specified pursuant to § 34-41-3.14(c)(2), the managing entity shall examine the ballots and calculate the vote accordingly. A simple majority of the votes counted determines each matter in question unless the project instrument specifies a larger majority, but no matter may be determined by referendum unless the ballots favoring the majority decision represent at least ten percent (10%) of the votes allocated to all owners.
History of Section.P.L. 1984, ch. 141, § 2.
Structure Rhode Island General Laws
Chapter 34-41 - Rhode Island Real Estate Time-Share Act
Article III - Management of the Time-Share Property
Section 34-41-3.01. - Managing entity.
Section 34-41-3.02. - Powers of managing entity.
Section 34-41-3.03. - Powers and duties in absence of managing entity.
Section 34-41-3.04. - Transfer of special developer rights.
Section 34-41-3.05. - Termination of contracts and leases of developer.
Section 34-41-3.06. - Upkeep of units.
Section 34-41-3.07. - Tort and contract liability.
Section 34-41-3.08. - Insurance.
Section 34-41-3.09. - Surplus funds.
Section 34-41-3.10. - Assessments for time-share expenses.
Section 34-41-3.11. - Lien for assessments.
Section 34-41-3.12. - Financial records.
Section 34-41-3.13. - Authority of trustee.
Section 34-41-3.14. - Initiative, referendum, and recall — General provisions.
Section 34-41-3.15. - Direct initiative by owners.