
Townhome community in Royal Oak, Oakland County.
Consider a 36-unit attached-townhome community built 1998, governed under a planned-community declaration with a five-member volunteer board operating under part-time management. Following an extended sub-zero polar-vortex stretch, ice damming on multiple unit roofs caused water intrusion through unit interiors, with damage extending to drywall, flooring, cabinetry, and unit-owner improvements across nine units. The board had contracted with a snow-removal vendor for common-area sidewalks and parking-area handling but had not contracted roof snow-management. A unit owner whose unit suffered the most extensive damage filed suit alleging breach of board duty over the absence of a roof snow-management protocol.
We'd read the declaration's common-area maintenance allocation against the existing master policy and the snow-removal contract together. We'd flag that the master policy form type (bare-walls, original-specifications, or all-in) controls what the master policy responds to during the unit-side water-intrusion claim, and that the gap with the unit owners' HO-6 forms determines how recovery between policies flows. We'd review the master policy's ice-damming endorsement scope, the wrongful-acts definition for breach-of-board-duty enforcement coverage, and the snow-removal contract's hold-harmless and additional-insured language. We'd source a renewal program with broad ice-damming endorsement scope, broad-form wrongful-acts definition, and documented roof snow-management protocol as renewal underwriting condition.
The master policy property section would respond to common-element water-intrusion damage within the master policy form type's scope; unit-improvement damage would be allocated to the unit owners' HO-6 forms based on the declaration's allocation. The D&O endorsement would respond to the unit owner's breach-of-board-duty suit; defense for the D&O count would run outside the indemnity limit. The board would likely engage outside HOA counsel to draft a roof snow-management protocol and update the snow-removal contract to include roof-management scope. The carrier would likely condition renewal on documented roof snow-management protocol implementation. Volunteer director protections would likely hold, absent findings of gross negligence, but the board's documented absence of a roof snow-management protocol would be the central exhibit. Michigan's Condominium Act assigns common-area maintenance to the association under the declaration, and Michigan's nonprofit corporation framework protects volunteer directors who acted in good faith with adequate D&O limits — but ice-damming and polar-vortex freeze losses are recognized routine Michigan exposures, and absence of a roof snow-management protocol becomes evidentiary trail when breach-of-board-duty allegations surface. Master policy form types, ice-damming endorsement scope, D&O wrongful-acts definition scope, and snow-removal contract additional-insured handling all answer to Condominium Act-aligned governing-document obligations.












