
Townhome community in Edison, Middlesex County.
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.
Read the declaration's common-area maintenance allocation against the existing master policy and the snow-removal contract together. Identified that the master policy form type — bare-walls, original-specifications, or all-in — controlled what the master policy responded to during the unit-side water-intrusion claim, and that the gap with the unit owners' HO-6 forms determined how recovery between policies flowed. Reviewed 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. Sourced 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 responded to common-element water-intrusion damage within the master policy form type's scope; unit-improvement damage allocated to the unit owners' HO-6 forms based on the declaration's allocation. The D&O endorsement responded to a parallel breach-of-board-duty count from one unit owner; defense ran outside the indemnity limit. The NJ Department of Community Affairs inquiry resolved through the office's complaint procedures; the discrimination-defense extension responded with full defense, and the board engaged outside HOA counsel to update architectural-guidelines accommodation-handling procedures aligned to NJ LAD framework. The carrier conditioned renewal on documented roof snow-management protocol implementation and updated accommodation procedures.












