State Codes and Statutes
Statutes > Rhode-island > Title-34 > Chapter-34-36-1 > 34-36-1-3-11SECTION 34-36.1-3.11
§ 34-36.1-3.11 Tort and contractliability. – Neither the association nor any unit owner except the declarant is liable forthat declarant's torts in connection with any part of the condominium whichthat declarant has the responsibility to maintain. Otherwise, an actionalleging a wrong done by the association must be brought against theassociation and not against any unit owner. If the wrong occurred during anyperiod of declarant control and the association gives the declarant reasonablenotice of and an opportunity to defend against the action, the declarant whothen controlled the association is liable to the association or to any unitowner: (1) for all tort losses not covered by insurance suffered by theassociation or that unit owner, and (2) for all costs which the associationwould not have incurred but for a breach of contract or other wrongful act oromission. Whenever the declarant is liable to the association under thissection, the declarant is also liable for all litigation expenses, includingreasonable attorneys' fees, incurred by the association. Any statute oflimitation affecting the association's right of action under this section istolled until the period of declarant control terminates. A unit owner is notprecluded from bringing an action contemplated by this section because he orshe is a unit owner or a member or officer of the association. Liens resultingfrom judgments against the association are governed by § 34-36.1-3.17.
