§ 34-36.1-3.11. Tort and contract liability.
Neither the association nor any unit owner except the declarant is liable for that declarant’s torts in connection with any part of the condominium which that declarant has the responsibility to maintain. Otherwise, an action alleging a wrong done by the association must be brought 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: (1) for all tort losses not covered by insurance suffered by the association or that unit owner, and (2) for all costs which the association would not have incurred but for a breach of contract or other wrongful act or omission. Whenever the declarant is liable to the association under this section, the declarant is also liable for all litigation expenses, including reasonable attorneys’ fees, incurred by the association. Any statute of limitation affecting the association’s right of action under this section is tolled 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 § 34-36.1-3.17.
History of Section.P.L. 1982, ch. 329, § 2.
Structure Rhode Island General Laws
Chapter 34-36.1 - Condominium Law
Article III - Management of Condominium
Section 34-36.1-3.01. - Organization of unit owners’ association.
Section 34-36.1-3.02. - Powers of unit owners’ association.
Section 34-36.1-3.03. - Executive board members and officers.
Section 34-36.1-3.04. - Transfer of special declarant rights.
Section 34-36.1-3.05. - Termination of contracts and leases of declarant.
Section 34-36.1-3.06. - Bylaws.
Section 34-36.1-3.07. - Upkeep of condominium.
Section 34-36.1-3.08. - Meetings.
Section 34-36.1-3.09. - Quorums.
Section 34-36.1-3.10. - Voting — Proxies.
Section 34-36.1-3.11. - Tort and contract liability.
Section 34-36.1-3.12. - Conveyance or encumbrance of common elements.
Section 34-36.1-3.13. - Insurance.
Section 34-36.1-3.14. - Surplus funds.
Section 34-36.1-3.15. - Assessments for common expenses.
Section 34-36.1-3.16. - Lien for assessments.
Section 34-36.1-3.17. - Other liens affecting the condominium.
Section 34-36.1-3.18. - Association records.
Section 34-36.1-3.19. - Association as trustee.
Section 34-36.1-3.20. - Enforcement of declaration, by-laws and rules.