(a) General rule.--
(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.
(2) Except as otherwise
provided by paragraph (1):
(i) An action in
tort alleging a wrong done by the association or by an agent or employee
of the association, or an action arising from a contract made by or on behalf
of the association, shall be brought against the association.
(ii) A unit owner
shall not be subject to suit or, except as otherwise provided by subsection
(b), be otherwise directly or indirectly held accountable for the acts of
the association or its agents or employees on behalf of the association.
(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:
(i) notice of the
existence of such a claim promptly after the date on which one or more members
of the executive board who are not designees of the declarant learns of
the existence of such a claim; and
(ii) an opportunity
to defend against such claim on behalf of the association but at the declarant's
expense. Any statute of limitation affecting the association's right of
action under this section is tolled until the period of declarant control
terminates.
(4) A unit owner
is not precluded from bringing an action contemplated by this subsection
because he is a unit owner or a member or officer of the association.
(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.
(c) Indexing judgment.--A
judgment against the association shall be indexed in the name of the condominium.
(d) Applicability
of section.--The provisions of this section shall be applicable to all associations
without regard to whether the association is organized as a corporation
or as an unincorporated association.
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