47F-3-111. Tort and contract liability.
(a) Neither the association nor any lot owner except the declarant is liable for that declarant's torts in connection with any part of the planned community which that declarant has the responsibility to maintain.
(b) An action alleging a wrong done by the association shall be brought against the association and not against a lot owner.
(c) Any statute of limitation affecting the association's right of action under this section is tolled until the period of declarant control terminates. A lot owner is not precluded from bringing an action contemplated by this section because the person is a lot owner or a member of the association. (1998-199, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 47F - North Carolina Planned Community Act
Article 3 - Management of Planned Community.
§ 47F-3-101 - Organization of owners' association.
§ 47F-3-102 - Powers of owners' association.
§ 47F-3-103 - Executive board members and officers.
§ 47F-3-104 - Transfer of special declarant rights.
§ 47F-3-105 - Termination of contracts and leases of declarant.
§ 47F-3-107 - Upkeep of planned community; responsibility and assessments for damages.
§ 47F-3-107.1 - Procedures for fines and suspension of planned community privileges or services.
§ 47F-3-110 - Voting; proxies.
§ 47F-3-111 - Tort and contract liability.
§ 47F-3-112 - Conveyance or encumbrance of common elements.
§ 47F-3-115 - Assessments for common expenses.
§ 47F-3-116 - Lien for sums due the association; enforcement.
§ 47F-3-116.1 - Validation of certain nonjudicial foreclosure proceedings and sales.
§ 47F-3-118 - Association records.
§ 47F-3-119 - Association as trustee.
§ 47F-3-120 - Declaration limits on attorneys' fees.
§ 47F-3-121 - American and State flags and political sign displays.