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/ ↗

Full Text

929 chars

The remaining claims in this case relate to defects in the common areas of the condominium. “Only the Trustees have the right to conduct litigation concerning common areas and facilities.” Cigal v. Leader Dev. Corp., 408 Mass. 212, 215 (1990). To establish abreach of the implied warranty of habitability in a common area of the condominium, the organization of unit owners must *540show that (1) it is an organization of unit owners as defined by G.L.c. 183A, §1; (2) the common area of the condominium development contains a latent defect; (3) the latent defect manifested itself after construction of the common area was substantially completed; (4) the defect was caused by the builder’s improper design material or workmanship; and (5) the defect created a substantial question of safety as to one or more individual units or made such units unfit for human habitation. Berish v. Bornstein, 437 Mass. at 266. 1.Building Wrap

Other Sections in This Document (121)

Full Text