
Townhome community in Bozeman, Gallatin County.
A 28-unit attached-townhome community built 2019 (post-growth-surge construction), governed under a planned-community declaration with a five-member volunteer board operating under part-time management. During an extended sub-zero polar-vortex stretch, common-area irrigation backflow-preventer failure caused water damage extending through the community-center fitness room and the patio of an adjacent unit. The board had been operating with the original developer-installed irrigation system without comprehensive winterization procedures. A unit owner whose unit suffered the most extensive damage filed suit alleging breach of board duty over the absence of a comprehensive winterization protocol on the developer-installed systems.
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 on developer-installed systems 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 property section responded to common-element water damage and fitness-room equipment damage. 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 developer-installed-systems maintenance documentation. Volunteer director protections held — no findings of gross negligence — but the board's documented absence of a comprehensive winterization protocol on developer-installed systems was the central exhibit. Montana's Subdivision and Platting Act framework applies to planned communities, with the declaration assigning common-area maintenance to the association. Montana's nonprofit corporation framework protects volunteer directors who acted in good faith with adequate D&O limits — but documented seasonal-readiness protocol absence becomes the central exhibit when breach-of-board-duty allegations surface. The post-2020 Bozeman growth surge produced substantial newer master-planned development with developer-installed systems requiring board-driven seasonal-readiness protocol updates. Master policy form types, freeze-loss endorsement scope, and D&O wrongful-acts definition scope all answer to the governing-document obligations.












