381.9183 Tort and contract liability.

238 words·~1 min read·/ky/chapter-381/381-9183

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Neither the association nor any unit owner except the declarant shall be liable for

that declarant's torts in connection with any part of the condominium which that

declarant has the responsibility to maintain.

(2)An action alleging a wrong done by the association shall be brought against the

association and not against any unit owner.

(3)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 shall be liable to the

association or to any unit owner:

(a)For all tort losses not covered by insurance suffered by the association or that

unit owner; and

(b)For all costs which the association would not have incurred but for a breach of

contract or other wrongful act or omission.

(4)Whenever the declarant is liable to the association under this section, the declarant

shall be liable for all litigation expenses, including reasonable attorneys fees,

incurred by the association.

(5)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 shall be governed by KRS 381.9195.