Alan Schantz Defense/Plaintiff Expert & Rebuttal Witness
805.405.3145 hoadvdceo@gmail.com
12+ years testifying expert + 10 years Director of HOAs for major home builder
THE BEST WAY TO PREDICT THE FUTURE IS TO CREATE IT
Alan’s testimony in court has contributed decisively to client victories
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 HOA members & guests, HOAs and their insurance carriers, HOA Directors, Management Companies, Developers and Homebuilders on all issues including:
STANDARD OF CARE - BEST PRACTICES - GOVERNANCE - ENFORCEMENT OF CC&Rs WITHOUT AN HOA - FIDUCIARY DUTY - CONFLICT OF INTEREST - IMPROPER/ILLEGAL BOARD ELECTIONS - 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
Some of Alan Schantz’ Expert Witness engagements
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
'Understanding Your HOA The Easy Way’© DVD
THE HOA INFORMATION EVERY RESIDENT NEEDS IN JUST 15-MINUTES
'Understanding Your HOA The Easy Way'© DVD includes Spanish 2nd Audio & Subtitles in English, Spanish, Chinese, Korean, Vietnamese, Russian & Armenian.
Explains HOA purpose, operations and member responsibilities & benefits with 97 essential points of HOA information in 15-minutes total viewing time!
"If you came from Mars and never heard of HOAs in just 15 minutes viewing time you'd understand and be ready to live in one!"
'Understanding Your HOA The Easy Way'© runs just 15-minutes is fast-paced, concise and holds viewer interest. Responsibilities and Benefits of HOA living are explained while promoting Awareness, Understanding and Participation in the HOA.
HOA questions are answered and misconceptions dispelled. 'Understanding Your HOA The Easy Way'© helps reduce issues and conflicts by explaining an HOA's Purpose and Limitations, Management, Governance, Rules and Enforcement procedures, Architectural Review process and the Builder / Developer role in new HOAs.
Chapter content of the 15-minute DVD 'Understanding Your HOA The Easy Way'©
INTRODUCTION
PURPOSE AND AUTHORITY OF AN HOA
ARCHITECTURAL (ARC) GUIDELINES AND REVIEW PROCESS
CONDOMINIUM HOAS
THE DEVELOPER'S ROLE IN YOUR NEW HOA
WHO RUNS YOUR HOA?
BOARD BUSINESS MEETINGS
ANNUAL MEETINGS
YOUR HOA DUES
YOUR HOA BUDGET
COVENANTS, CONDITIONS & RESTRICTIONS (CC&Rs)
HOA RULES AND ENFORCEMENT
PARTICIPATION IN YOUR HOA
SUMMARY
All in just 15 minutes total viewing time!
'Understanding Your HOA The Easy Way'© is perfect for:
Single family HOAs
Multi-family HOAs
Developer / Builder New HOAs
Management Companies winning new account proposals
'Understanding Your HOA The Easy Way'© may be paid for by home buyers as part of the HOA transfer / set up fee at close of escrow. DVD can be provided to HOA members as a community education budget item.