Jeffrey A. Barnett

JEFFREY A. BARNETT

 

RETIRED

Jeffrey Barnett is a highly experienced attorney with over 40 years representing common interest developments in the South Bay and California's Central Coast. His legal services include:

Architectural Matters. Advise on the application process, plan review, appeal of decisions, preparation and enforcement of architectural standards and restrictions.

CC&R/Rules Enforcement. Prepare violation letters, attend hearings, advise and participate in IDR and ADR proceedings, and enforcement litigation.

Contract Review & Preparation. Draft, prepare, negotiate and revise contracts for all vendors, contractors and management, including scope of work, indemnity and insurance issues.

Corporate Matters. Evaluate and provide opinions on corporate issues including governance, board and membership meetings, and Corporations Code and Davis-Stirling compliance.

Elections & Recalls. Preparation of election rules, ballots, voting instructions, proxies, and notices; provide opinions on challenges, attend elections, annual meetings, special meetings of members, and advise concerning recalls of the board.

Legal Opinions. Provide legal advice, analysis, opinions and recommendations to the Association on legal issues, including governing document interpretation, corporation issues, maintenance and repair responsibilities, and association governance.

Litigation. Representation of associations in litigation, including complex and multiparty litigation.

Document Amendments. Review and analysis of CC&Rs, bylaws, articles, amendments; restate and amend governing documents; preparation of court petitions to amend governing documents under Davis-Stirling Act and Corporations Code; creation of ballots and voting documents; representation of associations in Civil Code 4275 proceedings for court approval of amendments.

Fair Housing. Legal advice and counseling concerning California and federal fair housing laws and regulations related to common interest developments, and representation in connection with fair housing complaints by HUD, DEFH and private organizations.

PROFESSIONAL
  • State Bar of California, Sections on Real Property and Litigation
  • Member, Legislative Committee, Educational Community for Homeowners (ECHO)
  • Member, South Bay and Central Coast Panels, Educational Community for Homeowners (ECHO)
  • Former Chair of Client Relations Committee, Santa Clara County Bar Association
  • Planned Development Zoning Study Committee, Los Gatos, CA
EDUCATION
  • University of California at Los Angeles: 1967-1968
  • University of California at Berkeley: 1968-1969
  • Wadham College, Oxford University, England: 1969-1970
  • University of California, Berkeley: 1970-1971
  • University of Santa Clara, School of Law: 1971-1974
HONORS
Undergraduate Academic Honors:
  • Graduation with Distinction in General Scholarship
  • Honors program completed in the major with great distinction
  • Phi Beta Kappa
Post-Graduate Academic Honors:
  • Graduation Magna Cum Laude
  • Comments Editor, Santa Clara Law Review: 1970-1971

 

PUBLICATIONS
  • "Deceit Damages in California-Old Problem, New Departure?"; Santa Clara Law Review, Volume 14, No. 12 (1974)
  • "Fines”, ECHO Journal (March, 1982)
  • "Bankruptcy and the Collection of Assessments”, ECHO Journal (June, 1984)
  • "Advantages of Incorporation”, ECHO Journal(September, 1986 and January, 1994)
  • "Bad Faith Liability of Sureties to Homeowners Associations” ECHO Journal (July, 1986)
  • "Legal Audit”, ECHO Journal (August, 1987)
  • "Pertinent Amendments to Civil Code Section 1366 and 1368” ECHO Journal (March, 1988)
  • "Notices, Proxies and Voting”, ECHO Journal (May, 1988)
  • "Contributor and Co-Editor of Officers and Directors Guide, ECHO Journal (1988)
  • "Director Election Mysteries Revealed”, ECHO Journal (January, 1992)
  • "Court Limits Developer’s Right to Offset Expenses Against Assessment Liability
  • "Community Association Law Reporter, February, 1992 Co-Author of Collecting Judgments in California”, National Business Institute, Inc.
  • "Association Meetings – An Effective Communication Tool” , ECHO Journal (March 1993)
  • "Enforcing Residential Use Restrictions”, Community Associations Institute Update, June/July, 1993
  • "The Case For Rental Restrictions”, ECHO Journal (March, 1994) “
  • "1993 Legal Developments Affecting Associations” , Community Association Reporter (April, 1994)
  • "1994 Statute And Case Law Update”, ECHO Journal (March, 1995)
  • "Fair Housing Compliance”, ECHO Journal (October, 1995)
  • "1995 Case Law Update”, ECHO Journal (April, 1996)
  • "Obtaining Court Approval of Governing Instrument Amendments”, ECHO Journal (September, 1996)
  • "Fun, Interesting and Important Revisions to the Non-Profit Mutual Benefit Corporation Law”, CACM (February, 1997)
  • "1996 Legal Update”, ECHO Journal (March, 1997)
  • "Advantages of Incorporation”, ECHO Journal (October, 1997)
  • "Special Assessments”, ECHO Journal (November, 1997)
  • "Fiduciary Responsibility of Association Directors”, ECHO Journal (January, 1998)
  • "New Laws That Affect Your Association”, ECHO Journal (March, 1998)
  • "Fair Housing Compliance”, ECHO Journal (December, 1998);
  • "1998 Statute and Case Law Update”, ECHO Journal (March, 1999)
  • "Aberrant Behavior In Associations”, ECHO Journal (July, 1999)
  • "1999 Legislative and Case Law Summary”, ECHO Journal (April, 2000)
  • "Advantages of Incorporation”, ECHO Journal (January, 2001)
  • "Special Assessments”, ECHO Journal (March, 2001)
  • "2002 Statutory and Case Law Update”, ECHO Journal (March, 2002)
  • "Resolving Disputes Over Records”, ECHO Journal (May, 2002)
  • "Contract Remedies: Arbitration, Mediation and Litigation”, ECHO Journal (July, 2002)
  • "Statute and Case Law Update 2003”, ECHO Journal (February, 2003)
  • "Aberrant Behavior”, ECHO Journal (April, 2003, December 2006)
  • "2004 Statutory and Case Law Update”, ECHO Journal (February, 2004)
  • "SB 137 New Assessment Collection Procedures”, The CACM Law Journal (Winter,2005)
  • "Election Inspectors”, ECHO Journal (October, 2005)
  • "2005 Statutory and Case Law Update”, ECHO Journal (February, 2005)
  • "2006 Statutory and Case Law Update”, ECHO Journal (February, 2006)
  • "Davis-Stirling Common Interest Development Act, 2014 – A Brief Overview”, Real Property Law Reporter (September, 2013)
  • "Fiduciary Responsibility of Association Directors, ECHO Journal (February, 2014)
  • "11 Essential Clauses for Construction Contracts”, ECHO Journal (November, 2014)

ADAMS | STIRLING PLC
2033 Gateway Place
Suite 500
San Jose, CA 95110
(800) 464-2817
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