§514B-141 
Tort and contract liability; tolling of limitation period.  (a)  A unit owner is not liable, solely by
reason of being a unit owner, for any injury or damage arising out of the
condition or use of the common elements.  Neither the association nor any unit
owner except the developer is liable for that developer's torts in connection
with any part of the condominium that that developer has the responsibility to
maintain.



(b)  An
action alleging a wrong done by the association, including an action arising
out of the condition or use of the common elements, may be maintained only
against the association and not against any unit owner.  If the wrong occurred
during any period of developer control and the association gives the developer
reasonable notice of and an opportunity to defend against the action, the
developer who then controlled the association is liable to the association or
to any unit owner for:



(1)  All tort
losses not covered by insurance suffered by the association or that unit owner;
and



(2)  All costs
that the association would not have incurred but for a breach of contract or
other wrongful act or omission, as the same may be established through
adjudication.



Whenever the
developer is liable to the association under this section, the developer is
also liable for all expenses of litigation, including reasonable attorneys'
fees, incurred by the association.



(c)  Any
statute of limitation affecting the association's right of action against a
developer is tolled until the period of developer control terminates.  A unit
owner is not precluded from maintaining an action contemplated by this section
because the unit owner is a unit owner or a member or officer of the
association.  Liens resulting from judgments against the association are governed
by section 514B‑147. [L 2004,
c 164, pt of §2; am L 2006, c 273, §24]