Seth B. Barnett
Email | sbarnett@meeb.com
Direct Line | 781.849.3667
Areas of focus: Condominium and Community Association Litigation, Construction Defect Litigation, Fair Housing and Discrimination Defense, Employment, Zoning and Land Use
Seth is a litigation partner at Marcus, Errico, Emmer & Brooks, P.C., where he represents condominium associations, boards of trustees, and property management companies in the disputes that arise in community association life. Since joining MEEB in 2022, he has litigated matters in the Superior Court, District Court, Housing Court, and United States District Court, and before the Massachusetts Commission Against Discrimination and several other state and federal administrative agencies. His work runs from emergency injunction hearings and dispositive motions through mediation and trial. He brings more than two decades of courtroom experience to that work, including numerous jury trials and appeals in state and federal court.
Seth's condominium practice includes enforcing master deeds, bylaws, and rules against owners whose conduct disrupts the community; pursuing developers, contractors, insurers, and neighboring owners for construction defects, water intrusion, and property damage; and defending associations, trustees, and managing agents against owner claims for breach of fiduciary duty, negligence, c. 93A violations, and discrimination. He protects associations' lien and priority rights under G.L. c. 183A, § 6, including in bankruptcy proceedings. He also advises boards on governance and election disputes, records requests, and reasonable accommodation requests, and represents associations in disputes with municipalities, including those over permitting and code enforcement.
Before joining MEEB, Seth spent more than 15 years at a well known Boston civil litigation firm. He defended municipalities, school districts, and public officials across the Commonwealth in civil rights and constitutional cases involving First Amendment, Title IX, due process, equal protection, and employment retaliation claims. He also handled land use, zoning, wetlands, and construction disputes. In one of those cases, he obtained a favorable jury verdict in the only case in Massachusetts challenging the operation of wind turbines in a residential area to reach a jury. He continues to counsel clients on employment matters, including discrimination and harassment claims, wage and hour compliance, discipline and termination decisions, severance agreements, and employee handbooks.
REPRESENTATIVE MATTERS AT MEEB
• Secured a settlement of nearly $600,000 for a South Shore condominium association in a construction defect and water damage action against its developer. The settlement was roughly double the demand the developer had ignored before suit was filed.
• Obtained dismissal every claim a unit owner brought against a condominium trust challenging fines and assessments in lawsuit alleging various torts against trust and property manager.
• Obtained a preliminary injunction barring a unit owner from operating several businesses, including a music school, from a residential unit in violation of the condominium's use restrictions, then resolved the case on terms requiring continued compliance.
• Obtained injunctive relief for a condominium trust against a unit owner household whose noise and threats endangered other residents.
• Secured a real estate attachment against an adjoining developer for a Brighton condominium whose retaining wall collapsed after uncontrolled stormwater discharge from the neighboring development.
• Successfully tried a unit owner's damages claims against condominium trustees in Plymouth Superior Court.
• Successfully defended condominium trusts and managing agents in water intrusion, fire, and casualty suits brought by unit owners, coordinating the defense with master policy insurers.
• Prevailed on behalf of property management companies and associations against fair housing, reasonable accommodation, and retaliation claims before the MCAD, the Superior Court, and the Housing Court.
• Negotiated significant settlement while trial was ongoing on behalf of condominium association pursuing claims to recover insurance premium increases stemming from building damage.
EDUCATION
Suffolk University Law School. J.D. (2004)
Boston University School of Management, B.S. (2001)
ADMISSIONS
Commonwealth of Massachusetts (2004)
U.S. District Court, District of Massachusetts (2006)
U.S. Court of Appeals for the First Circuit (2011)
PROFESSIONAL AFFILIATIONS
Massachusetts Bar Association
Community Associations Institute-New England
Massachusetts Municipal Law Association
AWARDS
Selected as a “Massachusetts Super Lawyer” in Boston Magazine (2019 - 2026)
Selected as a “Massachusetts Super Lawyers Rising Star” in Boston Magazine (2013 - 2014)
PUBLISHED DECISIONS
Armato v. Stoneham, 100 Mass. App. Ct. 1134 (2022) (affirming summary judgment in favor of Town officials in Whistleblower retaliation claim)
Roe v. Lincoln-Sudbury Regional School District (D. Mass 2021) (obtaining summary judgment on behalf of school district and officials in Title IX student-on-student sexual assault case)
Daly v. Town of Sandwich, 97 Mass. App. Ct. 1017 (2020) (Appeals Court affirming dismissal of property owner’s claims regarding the permitting and installation of and alternative denitrification septic system in a 40B development).
Reeves v. Town of Hingham, 2020 WL 759370 (D. Mass. 2020) (dismissing civil rights claims related to suicide during police standoff).
Dusti v. Town of Shirley, 96 Mass. App. Ct. 1109 (2019) (Appeals Court upholding dismissal of challenge to Building Inspector’s opinion as to the applicability of zoning bylaws to property).
Pascucci v. Town of Lynnfield, 330 F.Supp.3d 648 (D. Mass 2018) (dismissal of condo unit owners’ action alleging unlawful taking of unit without just compensation).
DeBenedictis v. Blanchard (Sup. Ct. 2017) (obtained jury verdict in favor of Fire Chief in defamation and invasion of privacy suit brought by terminated firefighter).
Andersen v. Town of Falmouth (Sup. Ct. 2017) (prevailed before Barnstable County jury after 7-day trial as to whether Town’s operation of wind turbines constituted a nuisance to nearby property owners)
Baer v. Montachusetts Regional Technical High School, 2019 WL 2162959 (D. Mass. 2019) (termination of teacher following MCAD complaint of harassment and discrimination).
Najas Realty, LLC v. Seekonk Water District, 821 F. 3d 134 (1st Cir. 2016) (dismissal of civil rights claims against District official who spoke in opposition to proposed project because of environmental concerns).
Comley v. Town of Rowley, 88 Mass. App. Ct. 1109 (2014) (upholding dismissal of various tort and civil rights claims brought by property owner who sought to challenge the Rowley Conservation Commission’s issuance of various enforcement orders).