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 assert a breach of habitability caused by inadequate headroom clearance in the staircases in Units 26, 59, 61, 82 and 88 pursuant to assignments from the individual owners of those units. The headroom clearance on each of these staircases was several inches shorter than the applicable building code requirement of 6’8" minimum headroom. The owner of a condominium unit may bring a claim for breach of the implied warranty of habitability by establishing (1) that he purchased a new residential condominium unit from the builder-vendor, (2) the condominium unit contained a latent defect, (3) the defect manifested itself to the purchaser only after the unit’s purchase, (4) the defect was caused by the builder’s improper design, material, or workmanship, and (5) the defect created a substantial question of safety or made the condominium unfit for human habitation. Berish v. Bornstein, 437 Mass. at 264. The unit owner must bring such a claim within the three-year statute of limitations and the six-year statute of repose set forth at G.L.c. 260, §2B. Id at 264; Albrecht v. Clifford 436 Mass. at 712.

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