Nevada § 116.3111 - Tort and contract liability

§ 116.3111. Tort and contract liability

1. A unit's owner is not liable, solely by reason of being a unit's owner, for an

injury or damage arising out of the condition or use of the common elements. Neither the association nor any unit's owner except the declarant is liable for

that declarant's torts in connection with any part of the common-interest community

which that declarant has the responsibility to maintain. 2. An action alleging a wrong done by the association, including, without limitation,

an action arising out of the condition or use of the common elements, may be maintained

only against the association and not against any unit's owner. If the wrong occurred during any period of declarant's 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 unit's owner for all tort losses not covered by insurance suffered by the

association or that unit's owner, and 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 expenses of litigation, including reasonable attorney's fees,

incurred by the association. 3. Except as otherwise provided in subsection 4 of NRS 116.4116 with respect to warranty claims, any statute of limitation affecting the association's

right of action against a declarant under this section is tolled until the period

of declarant's control terminates. A unit's owner is not precluded from maintaining an action contemplated by this

section because he or she is a unit's owner or a member or officer of the association. Liens resulting from judgments against the association are governed by NRS 116.3117 .