Berish v. Bornstein, 437 Mass. 252 (2002)

Citation: Berish v. Bornstein, 437 Mass. 252 (2002)
Parent Document: Berish v. Bornstein, 437 Mass. 252 (2002)
Jurisdiction: Massachusetts (state)
Effective Date: 2002-06-28
Original Source: https://www.courtlistener.com/opinion/6578538/berish-v-bornstein/ ↗

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See, e.g., Briarcliffe W. Townhouse Owners Ass’n v. Wiseman Constr. Co., 118 Ill. App. 3d 163, 169 (1983) (homeowners’ association had standing to raise breach of implied warranty of habitability because it held title to com*266mon areas and had contractual obligation to maintain them); Tassan v. United Dev. Co., 88 Ill. App. 3d 581, 596 (1980) (statute conferred standing on unit owners’ association to assert unit owners’ rights “in the common elements”); Starfish Condominium Ass’n v. Yorkridge Serv. Corp., 295 Md. 693, 708-709 (Ct. App. 1983) (association had standing to sue for breach of implied warranty). But see Spring Mill Townhomes Ass’n v. OSLA Fin. Servs., Inc., 124 Ill. App. 3d 11A (1983) (homeowners’ association lacked standing to sue for breach of implied warranty of habitability on behalf of unit owners because it had no legally cognizable interest in litigation).

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