A declarant, developer, agent , unit owner or any person entitled to occupy a unit of a condominium property is liable in a civil action for damages caused to any person by his or her failure to comply with any lawful provisions of the condominium instruments. Any interested person may commence an action for a declaratory judgment to determine his legal relations under the condominium instruments or to obtain an injunction against a declarant , developer, agent, unit owner or person entitled to occupy a unit who refuses to comply, or threatens to refuse to comply with a provision of the instruments. One or more unit owners may bring a class action on behalf of all unit owners. The lawful provisions of the condominium instruments may, if necessary to carry out their purposes, be enforced against the condominium property or any person who owns or has previously owned any interest in the condominium property.
An action by the unit owners association under this section may be commenced by the association in its own name, or in the name of its board of managers or in the name of its managing agent.
(Ord. 5985-1981. Passed 6-8-81.)