{"data":{"id":"us-ky/krs-381.9183","jurisdiction":"us-ky","citation":"KRS 381.9183","heading":"Tort and contract liability.","body":"(1) Neither the association nor any unit owner except the declarant shall be liable for\nthat declarant's torts in connection with any part of the condominium which that\ndeclarant has the responsibility to maintain.\n(2) An action alleging a wrong done by the as sociation shall be brought against the\nassociation and not against any unit owner.\n(3) If the wrong occurred during any period of declarant control and the association\ngives the declarant reasonable notice of and an opportunity to defend against the\naction, the declarant who then controlled the association shall be liable to the\nassociation or to any unit owner:\n(a) For all tort losses not covered by insurance suffered by the association or that\nunit owner; and\n(b) For all costs which the association would not have incurred but for a breach of\ncontract or other wrongful act or omission.\n(4) Whenever the declarant is liable to the association under this section, the declarant\nshall be liable for all litigation expenses, including reasonable attorneys fees,\nincurred by the association.\n(5) Any statute of limitation affecting the association's right of action under this section\nis tolled until the period of declarant control terminates. A unit owner is not\nprecluded from bringing an action contemplated by this s ection because he or she is\na unit owner or a member or officer of the association. Liens resulting from\njudgments against the association shall be governed by KRS 381.9195.","path":["KRS Chapter 381"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=36857","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:12Z","sha256":"27d9fda69eec7595df38e9882f50ed2b082af2ccd479e06edeb189b0b780403d","source_id":"us-ky","stale":false,"prev":"us-ky/krs-381.9181","next":"us-ky/krs-381.9185"},"notice":"GroundRules: Original legal text. Not legal advice."}