
Townhome community in Brookfield, Waukesha County.
A 32-unit attached-townhome community built 1998, governed under a planned-community declaration with a five-member volunteer board operating under part-time management. 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 eight units. The board had contracted with a snow-removal vendor for common-area sidewalks and parking-area handling but had not contracted roof snow-management. 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 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 snow-removal contract's hold-harmless and additional-insured language. Sourced a renewal program with broad ice-damming endorsement scope, broad-form wrongful-acts definition, 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 the unit owner's breach-of-board-duty suit; defense for the D&O count ran outside the indemnity limit. The board engaged outside HOA counsel to draft a roof snow-management protocol and updated the snow-removal contract to include roof-management scope. The carrier conditioned renewal on documented roof snow-management protocol implementation. Volunteer director protections held — no findings of gross negligence — but the board's documented absence of a roof snow-management protocol was the central exhibit.












