
Townhome community in Beaverton, Washington 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. During a winter atmospheric-river event, a section of common-area retaining wall failed and damaged stormwater-drainage infrastructure plus the patio of an adjacent unit; debris flow extended onto a downhill neighbor's property. A maintenance report eighteen months prior had documented hairline cracking at the retaining wall and recommended structural-engineering review; the board had funded inspection but deferred remediation pending the next assessment cycle.
Read the declaration's common-area maintenance allocation against the existing master policy and the prior maintenance reports together. Identified that the deferred-remediation pattern documented in board minutes 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 earth-movement and water-damage exclusion language. Sourced a renewal program with broad-form wrongful-acts definition, water-damage and atmospheric-river endorsement scope, and documented retaining-wall structural-inspection protocol.
The master policy general liability section responded to the third-party property-damage claim from the downhill neighbor with full defense and indemnity. The D&O endorsement received precautionary notice when the affected unit owner added a separate count alleging breach of board duty for the deferred-remediation pattern; defense for the D&O count ran outside the indemnity limit. The earth-movement exclusion narrowed the property-coverage response on the retaining-wall structural loss itself, leaving the structural repair as a deferred-maintenance item the board funded through special assessment. The carrier conditioned renewal on documented retaining-wall structural-inspection protocol and updated maintenance documentation. Volunteer director protections held.












