
Townhome community in Marietta, Cobb County.
A 42-unit attached-townhome community built 1996, governed under a property-owners-association declaration with a five-member volunteer board operating under part-time management. During a severe-thunderstorm event with hail and microburst characteristics, multiple unit roofs sustained hail damage, an aging community-center awning detached and damaged two parked vehicles plus the patio of an adjacent unit. A maintenance report eighteen months prior had documented corrosion at the awning attachment hardware; partial repairs had been completed, with the remaining work documented as deferred in board minutes pending the next assessment cycle.
Read the declaration's common-area maintenance allocation against the existing master policy and prior maintenance reports together. Identified that the deferred-repair pattern documented in board minutes 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 for breach-of-board-duty enforcement coverage, and the master policy's roof-replacement-cost-vs-actual-cash-value handling on the hail-damage exposure. Sourced a renewal program with explicit deferred-maintenance review documentation, RC-not-ACV roof handling, and broad-form wrongful-acts definition.
The master policy general liability section responded to the third-party property-damage claim from the awning detachment with full defense and indemnity. The master policy property section responded to the unit-roof hail damage at replacement cost on units within the declaration's common-element scope. The D&O endorsement received precautionary notice when one unit owner added a separate count alleging breach of board duty for the deferred-repair pattern; defense for the D&O count ran outside the indemnity limit. The carrier conditioned renewal on documented attachment-hardware inspection and RC roof handling. Volunteer director protections held — no findings of gross negligence — but the cost of defense was material. Georgia's POAA assigns common-area maintenance to the association under the declaration (where the association has formally adopted POAA), and Georgia's nonprofit corporation framework protects volunteer directors who acted in good faith with adequate D&O limits — but documented maintenance-deferral patterns become the central exhibit when the breach-of-board-duty allegation surfaces. Georgia's POAA framework is opt-in for HOAs that haven't formally adopted; communities operating outside POAA depend more heavily on the declaration and bylaws for procedural floor. Master policy form types, roof-replacement-cost handling, and D&O wrongful-acts definition scope all answer to the governing-document obligations and the framework adoption status.












