
Townhome community in Walnut Creek, Contra Costa County.
A 24-unit attached-townhome community built 1989, with a three-member volunteer board operating under part-time management. During a winter storm, a mature pine on common-area landscape failed and crushed a parked vehicle owned by a guest of a unit owner. Eighteen months prior, the board had received an arborist report recommending removal of three at-risk trees; budget constraints had limited removal to one tree, with the deferred work documented explicitly in board minutes.
Read the declaration's common-area maintenance allocation against the existing master policy and the prior board minutes. Identified that the arborist report and the deferred-removal pattern created both a property-damage claim trigger and a separate D&O wrongful-act window. Reviewed the master policy general liability section, the D&O endorsement's wrongful-acts definition, and the volunteer director immunity scope. Sourced a renewal program with explicit deferred-maintenance review documentation and an updated arborist remediation plan built in.
The master policy general liability section responded to the third-party property-damage claim with full defense and indemnity. The D&O endorsement received precautionary notice when the claimant added a separate count alleging breach of board duty for the deferred-removal pattern; defense for the D&O count ran outside the indemnity limit. The carrier non-renewed at the next cycle citing increased risk; the new program was sourced with documented arborist remediation in place. The board's volunteer director protections held — no findings of gross negligence — but the cost of defense was material.












