liability

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

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Statutes and Cases:

(For reference: 57-8 is the Condo Act, 57-8a is the Community Association Act, 16-6a is the Nonprofit Act)

16-6a-115. Liability to third parties
16-6a-204. Liability for preincorporation transactions
16-6a-607. Creditor's action against member
16-6a-908. Insurance
57-8-58. Liability of declarant or management committee -- Period of declarant control
57-8a-229. Liability of declarant or board of directors -- Period of administrative control
57-8a-406. Liability insurance
American National Property & Casualty Company v. Sorensen (common area as insured location under homeowner's policy) '13
Limitations on Landowner Liability. Utah Code Title 57, Chapter 14