§ 34-41-3.07. Tort and contract liability.
(a) A time-share owner is personally liable for his or her own acts and omissions and those of his or her employees and agents other than the managing entity.
(b) An action may not be maintained against a time-share owner, nor is a time-share owner precluded from maintaining an action, merely because he or she owns a time share or is an officer, director, or member of the association.
(c) An action in tort alleging a wrong done by a developer, a managing entity selected by the developer or his or her appointees, or an agent or employee of either, in connection with any portion of the property which the developer or the managing entity has the responsibility to maintain, may not be maintained against the association or any time-share owner other than a developer. Other actions in tort alleging a wrong done by an association or by an agent or employee of the association or an action arising from a contract made by or on behalf of the association may be maintained only against the association. If the tort or breach of contract occurred during any period of developer control, the developer is subject to liability for all unreimbursed losses suffered by the association or time-share owners as a result, including costs and reasonable attorney’s fees. The operation of any statute of limitations affecting the right of action of the association or time-share owners under this section is tolled until the period of developer control terminates. A time-share owner is not precluded from maintaining an action contemplated by this subsection because he or she is a time-share owner or a member or officer of the association.
(d) A judgment for money against an association if recorded in the office of land evidence records in the municipality where the land is located, is a lien against all of the time shares, but no other property of a time-share owner is subject to the claims of creditors of the association.
(e) A judgment against the association must be indexed in the name of the association.
History of Section.
P.L. 1984, ch. 141, § 2.