448.3-111. Tort and contract liability. - Missouri Statutes

Tort and contract liability.

448.3-111. Neither the association nor any unit owner exceptthe declarant is liable for that declarant's torts in connectionwith any part of the condominium which that declarant has theresponsibility to maintain. Otherwise, an action alleging awrong done by the association shall be brought against theassociation and not against any unit owner. If the wrong occurredduring any period of declarant control, and if the associationgives the declarant reasonable notice of and an opportunity todefend against the action, the declarant who then controlled theassociation is liable to the association or to any unit owner:(1) for all tort losses not covered by insurance suffered by theassociation or that unit owner, and (2) for all costs which theassociation would not have incurred but for the breach ofcontract or other wrongful act or omission. In any case wherethe declarant is liable to the association under this section,the declarant is also liable for all litigation expenses,including reasonable attorney's fees, incurred by theassociation. Any statute of limitation affecting theassociation's right of action under this section is tolled untilthe period of declarant control terminates. A unit owner is notprecluded from bringing an action contemplated by this sectionbecause he is a unit owner or a member or officer of theassociation. Liens resulting from judgments against theassociation are governed by section 448.3-117.

(L. 1983 H.B. 177)