Nevada § 116B.555 - Tort and contract liability

§ 116B.555. 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 or hotel unit

owner, as applicable, is liable for that declarant's or hotel unit owner's torts in

connection with any part of the condominium hotel which that declarant or hotel unit

owner, as applicable, owns or 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 over the association

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. Any statute of limitation affecting the association's right of action 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 116B.665 .