What is joint and several liability?
Joint and several liability is a type of liability where each party in a contract is responsible for the full amount of a debt or obligation, not just their proportional share.
Why does joint and several liability matter?
This matters for co-owned HOA properties because it means the association can pursue the full unpaid balance from any one owner, rather than being limited to collecting a fraction from each. It removes the excuse of “that’s my co-owner’s share, not mine.”
When You’ll Run Into This
This becomes relevant the moment a jointly owned property falls delinquent and the HOA needs to decide who to pursue for the full balance.
Legal note: this is general information, not legal advice. Rules and requirements vary by state and by community, so it is worth checking with your association’s attorney to get an accurate answer for your specific situation.
