4311 - Tort and contract liability.

     § 4311.  Tort and contract liability.        (a)  General rule.--Neither the association nor any     proprietary lessee except the declarant is liable for that     declarant's torts in connection with any part of the cooperative     which that declarant has the responsibility to maintain.     Otherwise, an action alleging a wrong done by the association     must be brought against the association and not against any     proprietary lessee. If the wrong occurred during any period of     declarant control, the declarant who then controlled the     association is liable to the association or to any proprietary     lessee:            (1)  For all tort losses suffered by the association or        that proprietary lessee not covered by insurance.            (2)  For all costs which the association would not have        incurred but for a breach of contract or other wrongful act        or omission.        (b)  Claims after declarant control.--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 section unless the association has given     the declarant:            (1)  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.            (2)  An opportunity to defend against such claim on        behalf of the association but at the declarant's expense.        (c)  Liability for litigation expenses.--Whenever the     declarant is liable to the association under this section, the     declarant is also liable for all litigation expenses, including     reasonable attorney fees, incurred by the association.        (d)  Tolling statute of limitations.--Any statute of     limitation affecting the association's right of action under     this section is tolled until the period of declarant control     terminates.        (e)  Proprietary lessee as party.--A proprietary lessee is     not precluded from bringing an action contemplated by this     section because he is a proprietary lessee or a member or     officer of the association.        (f)  Liens.--Liens resulting from judgments against the     association are governed by section 4316 (relating to other     liens affecting cooperative).        Cross References.  Section 4311 is referred to in section     4102 of this title.