Section 34.08.420. Tort and contract liability.

Neither the association nor any unit owner except the declarant is liable for the torts of the declarant in connection with any part of the common interest community that the declarant has the responsibility to maintain.  An action alleging a wrong done by the association must be brought against the association and not against a unit owner.  If the wrong occurred during a 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 a unit owner for (1) tort losses not covered by insurance suffered by the association or the unit owner, and (2) each cost that the association would not have incurred but for a breach of contract or other wrongful act or omission. If the declarant is liable to the association under this section, the declarant is liable for the expenses of litigation incurred by the association.  A statute of limitation affecting the right of action of the association under this section is tolled until the period of declarant control terminates.  A unit owner is not precluded from maintaining an action under this section because the person is a unit owner or a member or officer of the association.  A lien resulting from a judgment against the association is governed by AS 34.08.480.

Notes

History

(Sec. 1 ch 95 SLA 1985)