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 attics of many condominium units were improperly ventilated without ridge vents or baffles in breach of the warranty of habitability. The defendants contend that the improper attic venting was *541not a latent defect because the LEA Group was able to observe the absence of ridge vents without the need for destructive testing such as the removal of roof shingles. However, a condominium owner would not suspect that the attic ventilation violated the building code from mere observation, without gaining access to the roof by ladder or using binoculars. With respect to the 18 units without attics, one would have to climb a ladder and remove the soffit vent by cutting the soffit board in order to observe the absence of eave vents. Accordingly, the improper attic ventilation was a latent defect. See Albrecht v. Clifford, 436 Mass. at 710, 713. This defect manifested itself after the condominium construction was substantially complete.

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