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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Further, the bathroom ventilation system contained a construction or design defect because it failed to comply with the 1980 State Building Code. Nonetheless, the improper system neither created a substantial question of safety nor made the units unfit for human habitation. As discussed supra, the Trustees did not prove that the improper bathroom ventilation resulted in the collection of moisture and eventual decay of wooden rafters and sheathing in the attic, or that it resulted in significant mold growth in 31 condominium units. The implied warranty of habitability does not make the builder an insurer against any and all defects in a home. Albrecht v. Clifford, 436 Mass. at 711. Not eveiy violation of the building or sanitary codes constitutes a breach of the warranty of habitability. McAllister v. Boston Housing Auth., 429 Mass. at 305; Jablonski v. Clemons, 60 Mass.App.Ct. at 475. This Court concludes that the improper bathroom ventilation does not constitute a material breach of the warranty justifying an award of damages. See Boston Housing Auth. v. Hemingway, 363 Mass. at 200-201 n.16 (1973); Jablonski v. Clemons, 60 Mass.App.Ct. at 475. 4.Attic Ventilation

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