§ 34-41-3.07 - Tort and contract liability.
SECTION 34-41-3.07
§ 34-41-3.07 Tort and contract liability.– (a) A time-share owner is personally liable for his or her own acts andomissions and those of his or her employees and agents other than the managingentity.
(b) An action may not be maintained against a time-shareowner, nor is a time-share owner precluded from maintaining an action, merelybecause he or she owns a time share or is an officer, director, or member ofthe association.
(c) An action in tort alleging a wrong done by a developer, amanaging entity selected by the developer or his or her appointees, or an agentor employee of either, in connection with any portion of the property which thedeveloper or the managing entity has the responsibility to maintain, may not bemaintained against the association or any time-share owner other than adeveloper. Other actions in tort alleging a wrong done by an association or byan agent or employee of the association or an action arising from a contractmade by or on behalf of the association may be maintained only against theassociation. If the tort or breach of contract occurred during any period ofdeveloper control, the developer is subject to liability for all unreimbursedlosses suffered by the association or time-share owners as a result, includingcosts and reasonable attorney's fees. The operation of any statute oflimitations affecting the right of action of the association or time-shareowners under this section is tolled until the period of developer controlterminates. A time-share owner is not precluded from maintaining an actioncontemplated by this subsection because he or she is a time-share owner or amember or officer of the association.
(d) A judgment for money against an association if recordedin the office of land evidence records in the municipality where the land islocated, is a lien against all of the time shares, but no other property of atime-share owner is subject to the claims of creditors of the association.
(e) A judgment against the association must be indexed in thename of the association.