Legal Question in Real Estate Law in Maryland
Home Owner Association liability
Are the homeowners in a community, which happens to require membership in a homeowners association, liable as a group against any claims against the homeowners association. For instance, if the homeowners association sponsors an event where alcohol is provided at the expense of the homeowners association, and some alcohol related problem occurs, can all of the homeowners in the community be held liable - or just the officers of the homeowners association?
Thanks.
1 Answer from Attorneys
Re: Home Owner Association liability
This reply is intended to give general information only and is not intended as legal advice.
A definitive answer to the question is not possible on the facts you have given me. It may depend upon whether the Association itself is incorporated, which provides some liability shield. The issue of the liability of members has been litigated in other jurisdictions with mixed results. It is probably unlikely that the individual members would be held personally liable for any damage award, but the membership remains the only source of income for the Association, should the Association have an award entered against it.