
Townhome community in Westlake, Cuyahoga County.
A 36-unit attached-townhome community built 1996, governed under a planned-community declaration with a five-member volunteer board operating under part-time management. Two on-staff association employees — community-center attendant and maintenance technician — operate under direct association employment with workers' compensation coverage routed through BWC. 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 seven units. During the storm response, the maintenance technician sustained a fall from a ladder while clearing ice dams and filed a BWC workers' compensation claim. 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.
Read the declaration's common-area maintenance allocation against the existing master policy and prior maintenance reports 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. Identified the BWC claim as a separate exposure flowing through Ohio's monopolistic workers' compensation framework, and reviewed employer's-liability coverage handling for parallel third-party-action-over and gross-negligence exposure. Sourced a renewal program with broad ice-damming endorsement scope, broad-form wrongful-acts definition, and adequate employer's-liability coverage for on-staff personnel exposure.
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 the unit owner's breach-of-board-duty suit; defense for the D&O count ran outside the indemnity limit. The BWC claim resolved through Ohio's workers' compensation framework directly with BWC; employer's-liability coverage on the master policy responded to the parallel third-party-action-over count. The carrier conditioned renewal on documented roof snow-management protocol implementation. Volunteer director protections held — no findings of gross negligence — but the cost of defense was material.












