Alan Schantz Defense/Plaintiff Expert & Rebuttal Witness
805.405.3145 hoadvdceo@gmail.com
THE BEST WAY TO PREDICT THE FUTURE IS TO CREATE IT
Winning San Luis Obispo California Jury Trial Verdict for Homeowners Persecuted with Selective Enforcement and Illegal use of CC&Rs. Jury awarded over $500,000 to homeowner
Homeowner’s attorney stated, “Alan I quoted some effective passages from your testimony in my closing argument and we won on all counts!”
HOA Directors engaged in selective enforcement against a homeowner for five years. To persecute and harass the homeowner HOA Board illegally changed the governing documents without required notice and vote of the membership. The jury found in favor of the homeowner on all counts. Jury awarded damages and attorney fees in excess of $500,000 to the homeowner.
$17,000,000 HOA Construction Defect Claim vs. Developer resulted in settlement of less than $500,000
Developer’s attorney stated, “Alan’s testimony produced an amazingly low award.”
Alan’s testimony in arbitration of a $17,000,000 construction defect lawsuit by HOA vs. Master Developer of Phoenix, Arizona community resulted in Plaintiff’s award of less than $500,000. A member of the arbitration panel referred Alan to a partner in his firm as Expert Witness on separate HOA case.
Justice for abused HOA members in Los Angeles jury trial
"Alan we won because of your testimony in court. The jury said your testimony was the reason they gave our clients all they wanted." Paul Katrinak, Esq. after the winning jury trial verdict for Homeowners vs. HOA
Alan’s testimony at the Los Angeles Superior Court jury trial resulted in a winning jury verdict for residents of an East Los Angeles government sponsored housing community. Homeowners had sued their HOA Board for fraud and refusing to allow fair Board elections .
Nationwide Defense/Plaintiff Expert & Rebuttal Witness for HOAs and their insurance carriers, HOA members & guests, HOA Directors, Management Companies, Developers and Homebuilders on all issues including:
STANDARD OF CARE - BEST PRACTICES - GOVERNANCE - FIDUCIARY DUTY - CONFLICT OF INTEREST - IMPROPER ACTIONS AGAINST HOA MEMBER - MALFEASANCE - MISFEASANCE - NONFEASANCE by HOA DIRECTORS - INJURY/ACCIDENT IN HOA COMMON AREAS INCLUDING LANDSCAPE, STREETS, FACILITIES, EQUIPMENT - CONSTRUCTION DEFECTS - INSURANCE CASES - FAILURE TO MITIGATE and/or WARN OF HAZARDOUS CONDITIONS IN COMMON AREAS - EXCESSIVE and/or SELECTIVE ENFORCEMENT - FAILURE TO ENFORCE - MAINTENANCE ISSUES - HOA FAILURE TO REPAIR MEMBERS PROPERTY DAMAGE CAUSED FROM COMMON AREA - IMPROVEMENT STANDARDS & ENFORCEMENT - ARCHITECTURAL REVIEW PROCESS, APPROVAL & APPEAL - CC&R & RULE ENFORCEMENT - INADEQUATE OR EXCESSIVE HOA RULES - FAILURE TO MAINTAIN - FAILURE TO BUDGET RESPONSIBLY INCLUDING ADEQUATE ASSESSMENT INCREASES OVER TIME - PROPER TURNOVER OF HOA COMMON AREAS & FACILITIES BY BUILDER / DEVELOPER - BUILDER / DEVELOPER FAILURE TO PROPERLY BUDGET/FUND HOA - EXCESSIVE DIRECTOR TENURE & FAILURE TO ENCOURAGE NEW CANDIDATES TO RUN FOR DIRECTOR POSITIONS - COMPLIANCE WITH LETTER AND SPIRIT OF GOVERNING DOCUMENTS - EXPERT WITNESS FOR HOAs & DIRECTORS IN PERFORMANCE OF THEIR GOVERNING DUTIES - PLAINTIFF/ DEFENSE REPRESENTATION OF HOAs AND THEIR INSURANCE CARRIERS, HOA MEMBERS & GUESTS, DIRECTORS, COMMUNITY MANAGEMENT COMPANIES, DEVELOPERS AND HOMEBUILDERS
Alan’s engagements include astronaut pioneer and WWII fighter pilot hero General Chuck Yeager the first man to break the sound barrier as featured in the movie ‘The Right Stuff’.
DEGROOT vs. EH HOA
SANTA ROSA SPRINGS HOA vs. DR HORTON
ESTRELLA MOUNTAIN HOA vs. NNP
RAVELLO HOA vs. SHEA HOMES
PARK RIVER OAK ESTATES HOA vs. GENERAL CHARLES ‘CHUCK’ YEAGER
FELIPA RICHLAND-EITH, STACY WASSERMANN vs. JEFFREY KETELHUT, MARCELLA KETELHUT, LOS ROBLES HILLS ESTATES HOMEOWNERS ASSOCIATION
NAIMI vs. AZUL VENTURES
BREW vs. CREEKSIDE HOA
MARION vs. SWEETWATER RIDGE HOA
RIVERA vs. 4 STREETS COOP OF RTE 2
ROYAL CREST vs. WHALERS VILLAGE
SANDYLAND PROTECTIVE ASSN vs. ZACKY TRUST
SULLIVAN vs. SYCAMORE CANYON HOA
TELFORD vs. SAGEWOOD HOA
WHITEHAWK HOA vs. NGOZI & OLEN
HYATT vs. SYCAMORE CANYON VILLAGE HOA
AOAO ROYAL ALOHA vs. PORTWOOD
AUSTIN vs. RANCHO GABRIELA HOA
BELFORD MANOR vs. LIBRARY CT HOA
BROWN vs. AOAO TERRAZZA/CORTEBELLA/LAS BRISA/TIBURON
DEGROOT vs. EH HOA
FLORES vs. WARNER SPRINGS ESTATES HOA
FLORES vs. AOAO VISTA WAIKOLOA
FOX vs. BRIDLEWOOD HOA
GILBERT FAM TRUST vs. ELK POINT CC HOA
HOKUA-BROWN vs. GUILD
HOSSEINZADEH vs. BPHOA
LANG vs. AOAO of TERRAZZA/CORTEBELLA/ LAS BRISAS/TIBURON
MONTOYA vs. MEES et. al
PELELEKAI vs. AOAO PUNAHOU MARQUIS
THIRD LAGUNA vs. COHAN
YOSHIKANE vs. TRINIDAD ISLAND HOA
As Director of Homeowner Associations (HOAs) for Pardee Homes, largest of 5 Weyerhaeuser Real Estate companies, I managed the full range of HOA matters while resolving countless HOA issues and conflicts
During my tenure there was no litigation against Pardee Homes by HOAs under my supervision
Creator of the 15-minute DVD 'Understanding Your HOA The Easy Way’©
Results as Pardee Homes Director of HOAs
Continuously served as Developer appointed Board President of 20-25 Pardee Homes Residential and Commercial/Industrial HOAs in California and Las Vegas Nevada
Team member on seven Pardee Homes Community Development Teams throughout Southern California and Nevada
Personally handled turnover of all HOA facilities and HOA common area landscape areas for scores of HOAs in California and Las Vegas Nevada
Team member in development of communities in seven Pardee Homes regions throughout Southern California and the greater Las Vegas area on all aspects of planning, construction and operation from grading through transition to homeowner control
Raised awareness and sensitivity of development team members to HOA issues and best practices to reduce builder-HOA conflicts and litigation. Impressed fiduciary duty to HOA upon developer appointed HOA directors
Developer appointed Board President of dozens of HOAs in California and Nevada
Appointed, trained and advised homeowner directors and committee members including fiduciary duty to HOA and membership
Organized and hosted a major awards event for Pardee Homes HOA directors of Las Vegas communities. The event received praise and front page coverage in the Las Vegas Review Journal
Through proactive communication and relationships I averted litigation of HOA issues. There was no HOA litigation by communities under my supervision
Supported development and sales teams in seven Pardee Homes development regions in California and Nevada
Identified facilities and landscape issues from initial planning to build out with potential for conflict with HOA boards and residents and developed appropriate solutions with team members
Worked closely with homeowner board members and homeowners to address their concerns during construction, community growth and after transition of the HOA to homeowner control
Resolved the gamut of individual homeowner issues with the HOA, the builder & community management companies
Participated in development of CC&Rs, Architectural Standards, Property Disclosure Documents and HOA budgets.
Contracted with Community Association management companies and other vendors
Initial Chairman of Architectural Committee for all new communities. Reviewed thousands of Homeowner Architectural Requests for Improvement and approved, rejected or suggested modifications to meet approval
Resolved disputes related to Architectural Violations and failure to submit plans and/or obtain approval prior to construction of improvements. Transitioned Architectural Committees to Homeowner control
Managed proper completion and turnover of HOA facilities and common areas including remediation of construction issues that could result in litigation against the Developer