903 Providence Place · Providence, Rhode Island
What The 903 Litigation Was About
The Right of Unit Owners to Call a Special Meeting of the Association
Rhode Island Supreme Court, May 19, 2025
“These unit owners were entitled to the meeting they sought.”
Justice Lynch Prata, for the Court
Song v. Lemoine, Rhode Island Supreme Court, May 19, 2025
What This Is About
Condominium associations are democracies, and the Rhode Island Condominium Act allows a minority of unit owners to call a meeting of the association so that unit owners can have a say in the management of their own property.
A condominium allows multiple owners to own property together, some of which is separately owned and the remainder of which is commonly owned. The commonly-owned property is managed by an association that consists of all the unit owners.
This right to call a meeting is among the consumer protections embodied in the Rhode Island Condominium Act. The 903’s Bylaws includes a similar provision for the same reason.
In April and May 2023, a group of unit owners at The 903 exercised their right to call a special meeting of the Association but the President and Secretary refused to send out a proper notice, so Jason Song and Travis McCune filed suit to enforce the right of all unit owners at The 903 and throughout Rhode Island to call for a special meeting as the law allows. In May 2025, the Rhode Island Supreme Court held that “these unit owners were entitled to the meeting that they sought.” Even then, the President continued to refuse to call the special meeting until he was finally ordered to do so.
This site exists to make pertinent parts of the public record accessible to every owner at The 903. We will update it as the case moves forward.
The Public Record
Documents
All documents below are publicly available court filings and records.
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Letter from Owners’ Legal Counsel to Board President
Levy & Blackman LLP letter to Board President Evan Lemoine, May 18, 2023, outlining the Board’s legal obligations regarding the special meeting petition and the proper notice of business.
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First Petition — April 5, 2023
A group of twenty-five unit owners initially petitioned for a Special Meeting of the Association but the President refused to call it because the petition used the word “board” rather than “association.”
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Second Petition — May 23, 2023
More than twenty-five unit owners then submitted a petition, including a proposed notice and agenda for the Special Meeting. The Board President and Secretary declined to send the notice as submitted and substituted a different form of notice that excluded all items of business from the meeting notice.
Why the Notice of Business Matters
A proper special meeting notice must state the time, place, and purpose of the meeting. The agenda and business to be transacted must be specified. Members may only transact business that was stated in the notice; anything not listed is out of order. This rule exists so that unit owners can decide for themselves whether to attend and participate, and so that absentees are not surprised by actions taken at a meeting.
The Board’s substitute notice omitting the specific items of business from the agenda was not a procedural technicality. It precluded unit owners from knowing in advance what items of business might have been put to a vote and from giving a proxy specific instruction on how to vote. In effect, it precluded any action being taken at the special meeting because the substitute notice was defective.
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Rhode Island Supreme Court Opinion — May 19, 2025
The Supreme Court’s opinion vacating the Superior Court judgment and holding that the unit owners were entitled to the meeting they sought. The Supreme Court remanded the case for further proceedings consistent with its opinion and for consideration of the remaining claim for punitive damages and the possibility of awarding attorney fees against the association.
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Post-Ruling Objection & Court Decision — December 2025 / January 2026
After the Supreme Court’s decision, the President and the Board continued to resist sending out the meeting notice. The President finally sent out the meeting notice but only because the Court ordered him to do so by a decision on January 13, 2026.
This site is maintained by unit owners at The 903 Residences, 903 Providence Place, Providence, Rhode Island 02903.
This site is not affiliated with, endorsed by, or connected to The 903 Condo Association or its management. All documents referenced are publicly available records. Nothing on this site constitutes legal advice.
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