448.3-107. Upkeep of condominium.
Upkeep of condominium.
448.3-107. 1. Except to the extent provided by thedeclaration, subsection 2 of this section, or subsection 8 ofsection 448.3-113, the association is responsible formaintenance, repair, and replacement of the common elements, andeach unit owner is responsible for maintenance, repair, andreplacement of his unit. Each unit owner shall afford to theassociation and the other unit owners, and to their agents oremployees, access through his unit reasonably necessary for thosepurposes. If damage is inflicted on the common elements or onany unit through which access is taken, the unit ownerresponsible for the damage, or the association if it isresponsible, is liable for the prompt repair thereof.
2. In addition to the liability which a declarant has undersections 448.1-101 to 448.4-120 as a unit owner, the declarantalone is liable for all expenses in connection with real estatesubject to development rights. No other unit owner and no otherportion of the condominium is subject to a claim for payment ofthose expenses. Unless the declaration provides otherwise, anyincome or proceeds from real estate subject to development rightsinures to the declarant.
(L. 1983 H.B. 177)