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Rosa purchases a condominium unit at a newly developed complex in Newport, Rhode Island. Under the Rhode Island Condominium Act, which of the following ownership interests does Rosa hold in the common elements of the condominium, such as the lobby, hallways, and pool?

Correct Answer

B) An undivided interest in the common elements as a tenant in common with all other unit owners

Under the Rhode Island Condominium Act (R.I. Gen. Laws § 34-36.1), each condominium unit owner holds fee simple ownership of their individual unit plus an undivided percentage interest in the common elements as a tenant in common with all other unit owners. This interest is inseparable from the unit itself and cannot be conveyed separately. Rosa's interest in the common elements is proportional and co-owned with every other unit owner in the complex.

Answer Options
A
A leasehold interest in the common elements, renewable annually by the condominium association
B
An undivided interest in the common elements as a tenant in common with all other unit owners
C
A license to use the common elements, which can be revoked by the condominium board
D
No ownership interest; the common elements are owned solely by the condominium association

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Related Topics & Key Terms

Key Terms:

condominiumcommon_elementstenancy_in_commonownership_typescondominium_act

Related Concepts

A freehold estate represents ownership of real property with an indefinite duration.

Joint tenancy is a form of co-ownership in which two or more persons hold equal, undivided interests in property with the right of survivorship. When one joint tenant dies, their interest automatically passes to the surviving joint tenants.

A leasehold estate grants the right to possess and use property for a defined period of time, without conferring ownership.

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