Title 44, Chapter 3, Section 85
( 44-3-85)
(a) The purpose of this Code section is to protect the unit owners,
except in cases of willful and intentional misconduct by them or
their agents or employees, and not to relieve the declarant or any
contractor, subcontractor, or materialman of any liability which any
of them may have by reason of any failure to adhere to the plats or
plans. (b) To the extent that any unit or common element encroaches on any
other unit or common element, whether by reason of any deviation
from the plats or plans in the construction, repair, renovation,
restoration, or repair of any improvement or by reason of the
settling or shifting of any land or improvement, a valid easement
for such encroachment shall exist. (c) The declarant and his duly authorized agents, representatives,
and employees shall have an easement for the maintenance of sales
offices and model units on the submitted property so long as the
declarant owns any condominium unit primarily for the purpose of
sale. (d) Subject to any restrictions and limitations which the
condominium instruments may specify, the declarant shall have a
transferable easement on and over the common elements for the
purpose of making improvements contemplated by the condominium
instruments on the submitted property and any additional property
and for the purpose of doing all things reasonably necessary and
proper in connection therewith. (e) This Code section shall not be construed so as to prohibit the
reservation to the declarant of other easements by means of the
condominium instruments or otherwise. (f) To the extent that damage is inflicted on any part of the
condominium by the declarant or by any contractor, subcontractor, or
materialman utilizing the easements reserved by the condominium
instruments to the declarant or created by this Code section, the
declarant together with the person or persons causing the damage
shall be jointly and severally liable for the prompt repair thereof
and for the restoration of the same to a condition compatible with
the remainder of the condominium. |