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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The Trustees contend that the improper ventilation of the attics contributed to the overheating of roofs and the rotting of roof rafters. The Master found that if *535venting in the manner specified by the Massachusetts State Building Code is not provided, any timbers, rafters, and plywood will ultimately decay. In fact, decay in the timber or the rafter area has been observed in Unit 66 in the Cotuit Bay Condominium. However, this Court saw no evidence of rotted roof rafters. The Trustees’ claim is based upon the assumption that water would find its way into the rafters, for that is the only way that the wood members, rafters, plywood and sheeting would rot under those conditions. In the absence of water, the wood members would not rot. This Court finds that the Trustees have failed to prove by a preponderance of the evidence that the improper attic ventilation caused the roof rafters to rot.

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