(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 planned community 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 on behalf of the association, must 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 under
section 5303(c) (relating to executive board members and officers), 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 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 all of the following:
(i) Notice of the
existence of the claim promptly after the date on which a member of the
executive board who is not a designee of the declarant learns of the existence
of the claim. (ii) An opportunity to defend against the claim on behalf
of the association but at the declarant's expense.
(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. 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 where
the planned community is located 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 under
section 5208 (relating to allocation of votes and common expense liabilities).
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 must be indexed in the name of the planned
community.
(d) Applicability
of section.--The provisions of this section shall apply to all associations
without regard to whether the association is organized as a corporation
or as an unincorporated association.
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