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 allege that the bathrooms in many units were improperly ventilated, breaching the warranty of habitability and constituting negligence. In 1984, Kaplan observed that the bathroom exhausts in unit 23 were not vented to the exterior but vented in the attic. In 1984 and 1985, as managing trustee, Kaplan observed that the bathrooms in other units vented into the attics, and this was visible to the naked eye. Kaplan became a member of the Board of Trustees in July of 1984, and if his knowledge as managing trustee is imputed to the rest of the Board, the statute of limitations began to run at that time. Accordingly, the plaintiffs’ claims for improper bathroom ventilation were timely filed in January of 1987. 4.Attic Ventilation

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