For board member and officer liability, see Index, liability - director.

Individual Liability

Arising Out of Ownership

The common law rule is that owners of property are jointly and severally liable for the debts of the property, including tort liability (such as from injury to a person on the property), which means one owner can be held responsible for the entire amount of a judgment or any other liability or debt.  In a condominium, ownership of the common areas is vested in the unit owners (as "tenants in common"), rather than in the association.  There is a split in the appellate courts on whether joint and several liability should be applied to condominium owners.  See Restatement Third, Property (Servitudes) § 6.15, Com. a.  In a community association, the association (usually) holds title to the common properties, limiting exposure to liability by the individual owners.

Arising Out of the Association

The directors, officers and members of an incorporated association are

Members Area.  This resource is available to members.  Join us by subscribing today!

Statutes and Cases:

(For reference: 57-8 is the Condo Act, 57-8a is the Community Association Act, 16-6a is the Nonprofit Act)
HOA resources and laws annotated
HOA resources and laws annotated