Berish v. Bornstein, 21 Mass. L. Rptr. 530 (2006)

Citation: Berish v. Bornstein, 21 Mass. L. Rptr. 530 (2006)
Parent Document: Berish v. Bornstein, 21 Mass. L. Rptr. 530 (2006)
Jurisdiction: Massachusetts (state)
Effective Date: 2006-05-22
Original Source: https://www.courtlistener.com/opinion/8356288/berish-v-bornstein/ ↗

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On January 14, 2003, Gordon tested six units at Cotuit Bay Condominiums: Units 64, 67, 73, 78, 79 and 80. The selection of those units was based upon the occupants’ complaints about odors and seeing molds within the units. Air samples were run in each unit and the exhaust systems for the HVAC were tested. In addition, the exhaust systems for the bathrooms in each unit were tested. In the units tested, Gordon took surface samples as well as air samples to determine the probable mold source. In the first six units tested, there was the presence of mold. According to the American Industrial Hygiene Association, which established categories relative to the various readings of mold, if the concentration exceeds 500 colony-forming units per cubic meter, it is considered to be a possible mold source. If the concentration is in excess of 1,000 colony-forming units per cubic meter, then it is considered a probable mold source. The air taken from the basement of one of the units tested was over 5,000 colony-forming units per cubic meter, which is ten times higher than the minimum number and somewhat significant.

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