
Townhome community in Edison, Middlesex County.
Consider a 42-unit attached-townhome community built 1998, 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, 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. Separately, the board was responding to a NJ Department of Community Affairs inquiry filed by an owner alleging selective enforcement of architectural guidelines on a service-animal accommodation request that had been treated as a pet-policy violation.
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 discrimination-defense extension scope under the New Jersey Law Against Discrimination. We'd source a renewal program with broad ice-damming endorsement scope, broad-form wrongful-acts definition, broad-form discrimination-defense extension covering NJ LAD framework, 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 a parallel breach-of-board-duty count from one unit owner; defense would run outside the indemnity limit. The NJ Department of Community Affairs inquiry would resolve through the office's complaint procedures; the discrimination-defense extension would respond with full defense, and the board would likely engage outside HOA counsel to update architectural-guidelines accommodation-handling procedures aligned to NJ LAD framework. The carrier would likely condition renewal on documented roof snow-management protocol implementation and updated accommodation procedures. New Jersey's PREDFDA framework operates with disclosure and registration requirements alongside the Condominium Act for condominium-form communities, and New Jersey's nonprofit corporation framework protects volunteer directors who acted in good faith with adequate D&O limits — but documented absence of a roof snow-management protocol or selective accommodation-handling becomes the central exhibit when breach-of-board-duty allegations surface. The NJ Department of Community Affairs complaint framework creates documented-notice trail. The New Jersey Law Against Discrimination covers fair-housing protections broader than the federal Fair Housing Act; misenforcement exposure runs through the discrimination-defense extension on the D&O endorsement.












