## Facts

- Mr. and Mrs. Owens rented a condominium unit owned by J. A. Dutcher.
- A fire damaged the Owenses’ personal property.
- The fire originated in wiring serving an exterior light fixture located in the condominium’s common elements.
- The jury found the fixture defective for lacking an insulating (junction) box and found the condominium association’s negligence regarding the fixture was the sole cause of the fire and resulting damage.
- Dutcher owned an undivided interest in the common elements and was a member of the condominium association, but he did not have exclusive possession or control over the common-area fixture.
- The trial court entered judgment against Dutcher limited to his pro rata share of liability based on his undivided ownership interest in the common elements.

## Issues

1. Whether a condominium unit owner is jointly and severally liable for all damages caused by the condominium association’s negligent maintenance of common elements.
2. Whether a unit owner’s liability for torts arising from common-area defects is properly limited to a pro rata share corresponding to the owner’s undivided interest in the common elements.

## Decision

- The court of appeals upheld limiting Dutcher’s liability to his pro rata share tied to his undivided interest in the common elements.
- The court rejected imposing joint and several liability on an individual unit owner for the full amount of damages caused by the association’s negligence in the common areas.

## Legal Principles

- A condominium unit owner is individually liable for torts committed within the portion of the unit over which the owner has exclusive possession and control.
- For tort liability arising from defective construction or negligent maintenance of common areas, unit owners share liability with other owners on an equal or proportional (pro rata) basis.
- Absent a statutory mandate or other controlling authority imposing joint and several liability, a court may allocate common-area tort liability among unit owners in proportion to their undivided interests in the common elements.
- When the negligent condition is in a common element controlled and maintained by the condominium association, an individual owner’s responsibility is determined by condominium ownership structure rather than traditional premises-control concepts applicable to a sole owner/landlord.

## Conclusion

Because the fire was caused solely by a defective common-area fixture for which the condominium association was responsible, the unit owner-lessor was not liable for the entire loss; his liability was properly limited to a pro rata share reflecting his undivided ownership interest in the common elements.


Owens v. Dutcher, 635 S.W.2d 208 (Tex. App.—Fort Worth 1982)