(1) Neither the association nor any unit owner except the declarant shall be liable
for that declarant's torts in connection with any part of the condominium which that
declarant has the responsibility to maintain.
(2) An action alleging a wrong done by the association shall be brought against the
association and not against any unit owner.
(3) If the wrong occurred during any period of declarant control and the association
gives the declarant reasonable notice of and an opportunity to defend against the
action, the declarant who then controlled the association shall be liable to the association
or to any unit owner:
(a) For all tort losses not covered by insurance suffered by the association or that
unit owner; and
(b) For all costs which the association would not have incurred but for a breach of
contract or other wrongful act or omission.
(4) Whenever the declarant is liable to the association under this section, the declarant
shall be liable for all litigation expenses, including reasonable attorneys fees,
incurred by the association.
(5) Any statute of limitation affecting the association's right of action under this
section is tolled until the period of declarant control terminates. A unit owner is not precluded from bringing an action contemplated by this section
because he or she is a unit owner or a member or officer of the association. Liens resulting from judgments against the association shall be governed by KRS 381.9195.
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