§ 3311. Tort and contract liability
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 68 Pa.C.S.A. Real and Personal Property
68 Pa.C.S.A. § 3311
§ 3311. Tort and contract liability
(1) An action in tort alleging a wrong done by a declarant or his agent or employee in connection with a portion of any convertible or withdrawable real estate or other portion of the condominium which the declarant has the responsibility to maintain may not be brought against the association or against a unit owner other than a declarant.
(3) If the tort or breach of contract occurred during any period of declarant control (section 3303(c)), the declarant is liable to the association for all unreimbursed losses suffered by the association as a result of that tort or breach of contract, including costs and reasonable attorney's fees. If a claim for a tort or breach of contract is made after the period of declarant control, the association shall have no right against the declarant under this paragraph unless the association shall have given the declarant:
Any statute of limitation affecting the association's right of action under this section is tolled until the period of declarant control terminates.
(b) Lien of judgment.--Except as otherwise provided in this subpart, a judgment for money against the association, if and when entered of record against the name of the association in the office of the clerk of the court of common pleas of the county or counties where the condominium is located, or in the office of the branch of the court of common pleas embracing such county or counties, shall also constitute a lien against each unit for a pro rata share of the amount of that judgment, including interest thereon, based on the common expense liability allocated to that unit (section 3208). No other property of a unit owner is subject to the claims of creditors of the association.
Credits
1980, July 2, P.L. 286, No. 82, § 1, effective in 120 days. Amended 1992, Dec. 18, P.L. 1279, No. 168, § 5, effective in 45 days.
68 Pa.C.S.A. § 3311, PA ST 68 Pa.C.S.A. § 3311
Current through Act 11 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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