Kentucky Statutes 381.9183 – Tort and contract liability
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(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.
Effective: January 1, 2011
History: Created 2010 Ky. Acts ch. 97, sec. 42, effective January 1, 2011.
(2) An action alleging a wrong done by the association shall be brought against the association and not against any unit owner.
Terms Used In Kentucky Statutes 381.9183
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Contract: A legal written agreement that becomes binding when signed.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
- Statute: A law passed by a legislature.
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
(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.
Effective: January 1, 2011
History: Created 2010 Ky. Acts ch. 97, sec. 42, effective January 1, 2011.