§ 3-111 — Tort and contract liability

(a) A unit owner is not liable, solely by reason of being a unit owner, for any injury or damage arising out of the condition or use of the common elements. Neither the association nor any unit owner except the declarant is liable for that declarant’s torts in connection with any part of the common interest community that the declarant has the responsibility to maintain.
(b)(1) An action alleging a wrong done by the association, including an action arising out of the condition or use of the common elements, must be brought only against the association and not against any unit owner. If the wrong occurred during any period of declarant control and the association gives the declarant reasonable notice of and an opportunity to defend against the action, the declarant who then controlled the association is liable to the association or to any unit owner for:
(A) all tort losses not covered by insurance, suffered by the association or that unit owner; and
(B) all costs that the association would not have incurred but for a breach of contract or other wrongful act or omission.
(2) Whenever the declarant is liable to the association under this title, the declarant is also liable for all litigation expenses, including reasonable attorneys’ fees, incurred by the association.
(c) Except as provided in section 4-116 of this title with respect to warranty claims, any statute of limitation affecting the association’s right of action under this title does not begin to run until the period of declarant control terminates. A unit owner is not precluded from bringing an action contemplated by this section because he or she is a unit owner or a member or officer of the association. Liens resulting from judgments against the association are governed by section 3-114 of this title. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999.)