onecle - legal research

Court Opinions

State Laws

US Code

US Constitution

Tort and contract liability - 68 Pa. Cons. Stat. § 3311

Legal Research Home > Pennsylvania Statutes



     § 3311.  Tort and contract liability.
        (a)  General rule.--
            (1)  An action in tort alleging a wrong done by a
        declarant or his agent or employee in connection with a
        portion of any convertible or withdrawable real estate or
        other portion of the condominium which the declarant has the
        responsibility to maintain may not be brought against the
        association or against a unit owner other than a declarant.
            (2)  Except as otherwise provided by paragraph (1):
                (i)  An action in tort alleging a wrong done by the
            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, shall be brought against
            the association.
                (ii)  A unit owner shall not be subject to suit or,
            except as otherwise provided by subsection (b), be
            otherwise directly or indirectly held accountable for the
            acts of the association or its agents or employees on
            behalf of the association.
            (3)  If the tort or breach of contract occurred during
        any period of declarant control (section 3303(c)), the
        declarant is liable to the association for all unreimbursed
        losses suffered by the association as a result of that tort
        or breach of contract, including costs and reasonable
        attorney's fees. 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 paragraph unless the association shall have given the
        declarant:
                (i)  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; and
                (ii)  an opportunity to defend against such claim on
            behalf of the association but at the declarant's expense.
        Any statute of limitation affecting the association's right
        of action under this section is tolled until the period of
        declarant control terminates.
            (4)  A unit owner is not precluded from bringing an
        action contemplated by this subsection because he is a unit
        owner or a member or officer of the association.
        (b)  Lien of judgment.--Except as otherwise provided in this
     subpart, a judgment for money against the association, if and
     when entered of record against the name of the association in
     the office of the clerk of the court of common pleas of the
     county or counties where the condominium is located, or in the
     office of the branch of the court of common pleas embracing such
     county or counties, shall also constitute a lien against each
     unit for a pro rata share of the amount of that judgment,
     including interest thereon, based on the common expense
     liability allocated to that unit (section 3208). No other
     property of a unit owner is subject to the claims of creditors
     of the association.
        (c)  Indexing judgment.--A judgment against the association
     shall be indexed in the name of the condominium.
        (d)  Applicability of section.--The provisions of this
     section shall be applicable to all associations without regard
     to whether the association is organized as a corporation or as
     an unincorporated association.
     (Dec. 18, 1992, P.L.1279, No.168, eff. 45 days)

        Cross References.  Section 3311 is referred to in section
     3102 of this title.
Section:  Previous  3304  3305  3306  3307  3308  3309  3310  3311  3312  3313  3314  3315  3316  3317  3318  Next

Speak with a Lawyer in Pennsylvania

Last modified: November 27, 2007