Berish v. Bornstein

770 N.E.2d 961 (2002)

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Nature of the Case

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Facts

Condos were constructed and sold from 1981-1985. The builder, Bornstein, expanded the original master deed from 32 units to 62. A unit owners’ association was created in 1981. Between 1982-1985 serious problems were identified in the common areas of the development mainly from improper construction and adherence to building codes. Bornstein and the original trustees took no actions to cure the problems. Eventually, after the third amended complaint, the judge dismissed the action against Bornstein because Massachusetts did not recognize a cause of action for breach of implied warranty of habitability arising out of the purchase of a house or condominium unit. This appeal resulted.