                                 CODE OF VIRGINIA

TORT AND CONTRACT LIABILITY (§ 55.1-2143)

Neither the association nor any proprietary lessee except the declarant is
liable for that declarant&#8217;s torts in connection with any part of the
cooperative that that declarant has the responsibility to maintain. Otherwise,
an action alleging wrongdoing by the association shall be brought against the
association and not against any proprietary lessee. If such wrongdoing occurred
during any period of declarant control, and the association gives the declarant
reasonable notice of and an opportunity to defend against the action, the
declarant who then controlled the association is liable to the association or to
any proprietary lessee (i) for all tort losses not covered by insurance suffered
by the association or that proprietary lessee and (ii) for all costs that the
association would not have incurred but for a breach of contract or other
wrongful act or omission. 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. Any statute of
limitation affecting the association&#8217;s right of action under this section
is tolled until the period of declarant control terminates.
		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. Liens resulting from judgments against the association are governed
by § 55.1-2151.

HISTORY: 1982, c. 277, § 55-468; 2019, c. 712.