Tort and contract liability
In plain English: If someone claims the association did something wrong, they must sue the association itself, not the individual unit owners. Being a unit owner, member, or officer does not stop you from bringing your own lawsuit against the association. Any time limit on the association's claims against the developer is paused until developer control of the board ends.
33-1251. Tort and contract liability
A. An action alleging a wrong done by the association shall be brought against the association and not against any unit owner.
B. A statute of limitation affecting any right of action of the association against the declarant is tolled until the period of declarant control terminates.
C. A unit owner is not precluded from bringing an action against the association because he is a unit owner or a member or officer of the association.
D. Liens resulting from judgments against the association are governed by section 33-1256.