
Townhome community in Eagle, Ada County.
A 32-unit attached-townhome community built 2017, governed under a planned-community declaration with a five-member volunteer board operating under part-time management. During an ice-storm event with sustained sub-zero temperatures, a section of common-area irrigation system failed and damaged stormwater-drainage infrastructure plus the patio of an adjacent unit. A maintenance report twelve months prior had documented winterization-deferral patterns; the board had been operating with the original developer-installed irrigation system without comprehensive winterization procedures.
Read the declaration's common-area maintenance allocation against the existing master policy and prior maintenance reports together. Identified that the documented winterization-deferral 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 for breach-of-board-duty enforcement coverage, and the master policy's freeze-loss endorsement scope. Sourced a renewal program with broad freeze-loss endorsement scope, broad-form wrongful-acts definition, and documented winterization protocol as renewal underwriting condition.
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 affected unit owner added a separate count alleging breach of board duty for the deferred-winterization pattern; defense for the D&O count ran outside the indemnity limit. The carrier conditioned renewal on documented winterization protocol implementation and irrigation-system replacement planning. Volunteer director protections held — no findings of gross negligence — but the board's documented absence of a comprehensive winterization protocol was the central exhibit in the suit.












