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Common Interest Developments / Homeowner Associations (HOA) Expert Witnesses

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Alan A. "Scotty" Herd, CRE, FRICS
Real Estate Expert Witness
1800 Century Park East Suite 600
Los Angeles CA 90067
phone: 310-285-9600
fax: 310-557-3611
Alan A. “Scotty” Herd, CRE, FRICS, has been a prominent expert in the Real Estate Industry since 1963. After graduation from UC Berkeley with a degree in business administration/real estate, Mr. Herd joined his father’s firm in West Hollywood and Beverly Hills until forming his own firm in 1966. He is currently licensed as a real estate broker in California, Colorado, and Arizona.

Mr. Herd has been involved in more than 2,000 real estate transactions as either a manager or salesman and has formed more than fifty limited partnerships and joint ventures. He has also acted as a (non-litigation) fee consultant to companies and investors on real estate portfolios, including several Fortune 100 financials and industrials. Mr. Herd has served as president of three property owner associations (HOAs). He has taught and written articles on real estate consulting and was the principal author on real estate consulting in the State of California Real Estate Reference Book.

Litigation Support - Scotty Herd has been engaged as a litigation consultant by more than 200 law firms in more than 650 cases in Southern California, including a third of the fifty largest law firms in Los Angeles County. He has testified as an expert witness more than 250 times.

Mr. Herd’s client list includes not only infrequent real estate litigators, but litigators who do real estate all the time. Sixty-five per cent of clients are returning clients. His services are available to counsel representing both Plaintiff and Defense. Mr. Herd has jury-friendly testimony skills from more than thirty-five years of UC Extension real estate instruction experience.

Mr. Herd has given court testimony in more than 65 areas of real estate topics, including but not limited to:
  • Sources and Applications of Standard of Care
  • Disclosure Responsibilities
  • Agent Supervision Criteria
  • Agent Custom and Practice
  • Due Diligence Responsibilities
  • Commission Disputes
  • Ethical Obligations
  • Obligation of Skill and Care
  • CV Available Upon Request
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    Allan D. Snyder
    26895 Aliso Creek Road, Suite B-714
    Aliso Viejo CA 92656
    phone: 949-305-9199
    fax: 949-305-8297
  • Depositions: 800+
  • Mediations & Arbitrations: 100+
  • Trial Testimony: 80
  • More than 10,000 properties inspected.
  • California, Florida, Texas, New Jersey, Massachusetts,
  • Nevada, Arizona, Washington, South Carolina, North Carolina,
  • Hawaii, Idaho, Alabama, Colorado, Pennsylvania,
  • Montana, Tennessee, Ohio, Mississippi, Missouri, North Dakota
  • Standard of Care; Custom and Practice
  • Building & Safety Codes
  • Fair Housing Practices (FEHA)
  • Personal Injury (Slip, Trip & Fall)
  • Premises Liability
  • Landlord/Tenant
  • Multi-family Units Managed: 25,000
  • Association, Hospitality, & Timeshare Units Managed: 100,000
  • Associations Managed: 1,000
  • Commercial Properties Managed: 1,250,000 sq.'
  • Mobile Home & RV Spaces Managed: 3,800
  • Single Family Units Managed: 3,500
  • Commercial Property Inspections Performed: 900
  • Association Property Inspections Performed: 3,600
  • Parking lots and Parking Structures: Personal Injury; Snow & Ice

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    Lee Bartholomew, ASA, MRICS
    Senior Appraiser / Principal
    200 B Street
    Suite C
    Davis CA 95616
    phone: 530-750-1001
    fax: 530-750-1101
    Lee Bartholomew, ASA, MRICS, has over 29 years of full-time experience as an Appraiser. He is an Accredited Senior Appraiser by the American Society of Appraisers (ASA), a Designated Member of the American Society of Appraisers, and a Member of the Royal Institution of Chartered Surveyors.

    With a background in finance, Mr. Bartholomew has been appraising all property types since 1985. His assignments have included simple and complex properties in most Northern California Counties. His property specialties include agricultural and ranch properties, land (all types), and commercial assignments. Residential assignments are accepted on a case-by-case basis as he specializes mainly in high value or unique homes. Mr. Bartholomew is also an expert at cohousing valuation.

    Litigation Support - Lee Bartholomew has completed more than 340 appraisal assignments for estate settlement purposes, and more than 150 assignments for family law matters. His other assignments have included easement valuations, tax appeal cases, and a substantial body of work associated with all types of litigation support. Mr. Bartholomew's legal services include:
    • Arbitration and Mediation
    • Eminent Domain and Condemnation
    • Expert Witness Testimony
  • Family Law and Divorce Equity Distribution
  • Litigation Support
  • Trust, Estate, and Date of Death
  • View Lee Bartholomew's Consulting Profile.
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    Edwards and Cherney, LLP
    Craig Cherney
    14300 N. Northsight Blvd.
    Scottsdale AZ 85260
    phone: 480-240-0040
    fax: 480-656-9566
    Craig Cherney, Esq. is a Private Equity and Pooled Investment Fund Manager familiar with Standards of Care and Fiduciary Duties between investors and the real estate sponsor or developer handling the syndicated funds. He understands real estate business plans, budgets, reporting, disclosure duties, operating fees, management fees, brokerage commissions, finder's fees and reasonableness of third party vendor payments to real estate professionals. Mr. Cherney's other expertise includes land acquisition, pre-acquisition due diligence, valuation, procuring entitlements, zoning, land development, master plan communities and disposition and sale of paper lots and finished lots to public home builders.

    Craig Cherney has deep experience in acquisition and disposition of hundreds of millions of investment capital in residential land, master plan communities, commercial real estate development projects and entitlement and zone change opportunities throughout the United States. A Joint Venture expert between institutional capital, private investors and local real estate operators, he is able to conduct multiple financial models and sensitivity analysis showing present value and projected IRR rates of return and equity multiples that a real estate project should have delivered in the open market.

    Mr. Cherney is a licensed attorney in 3 states (AZ, CA, NV), a licensed real estate broker (CA), and a Member of the Urban Land Institute Council: Residential Neighborhood Development Council.

    Areas of Expertise:
    • Real Estate Valuation
    • Commercial Real Estate
    • Land
    • Due Diligence
    • Fiduciary Duty
    • Standards of Care
    • Real Estate Finance
    • Real Estate Management
  • Real Estate Syndication
  • Real Estate Acquisition
  • Real Estate Entitlements
  • Land Development
  • Land Use
  • Land Valuation
  • Management Fees
  • Commissions
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    Landmark Real Estate Research
    Dr. Thomas A. Musil, DPA, CVA
    13857 Kendall St. NE
    Forest Lake MN 55025
    phone: 612-207-7895
    Dr. Thomas A. Musil, CVA, has over 35 years of experience in the Real Estate field and serves as a full-time Professor in the Department of Finance, Opus College of Business, at the University of St. Thomas. Dr. Musil is a Certified Valuation Analyst (CVA). He provides litigation support, expert testimony, and research and analysis services to counsel representing Plaintiff and Defense.

    A Real Estate Arbitrator and member of the American Arbitration Association since 1988, Dr. Musil has served as an arbitrator in over 250 cases, including 77 cases in the Prudential Insurance Mass Claims dispute.

    Areas of Specialization:
    • Real Estate Disputes
    • Real Estate Practices
    • Real Estate Finance
    • Agent Standards of Care
  • Homeowner and Agent Disclosures
  • Economic Damages
  • Lost Profit Analysis
  • Real Estate Ethics
  • Dr. Musil has written several papers and articles on business, real estate, and economic development topics, and is a member of professional and academic editorial boards for leading real estate journals including the Journal of Corporate Real Estate and the Journal of Real Estate Literature. During the past 35 years, Dr. Musil has served on numerous committees and boards in real estate related government, nonprofit, and professional organizations.
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    Jeffrey M. Evans, LSM, PCAM, MCM, CCE, CCM, ECM
    6302 Route 191
    PO Box 529
    Mountainhome PA 18342
    phone: 570-350-3550
    fax: 570-256-4415
    Jeffrey M. Evans, Principal - LSM, PCAM, MCM, CCE, CCM, ECM is a Management Specialist with over 35 years of experience.

    For 30 years, Mr. Evans served as the Chief Operating Officer for the Lake Naomi-Timber Trails Communities and the Lake Naomi Club (A Platinum Club Community), located in Pocono Pines, Pennsylvania. In late 2010, Jeff stepped into a consulting role for the Lake Naomi-Timber Trails Communities and the Lake Naomi Club.

    Mr. Evans served as the Court Appointed Receiver for the Hamlet Recreation Club in Canadensis, PA for 18 years. With certifications from CAI, the Communities Association Institute; CMIA, Community Managers International Association and CMAA, Club Managers Association of America, he is a highly qualified consultant and expert witness. He provides these services throughout the United States and the Caribbean.

    Jeff Evans serves as an Expert Witness in cases involving:
    • Planned Communities
    • Community Associations
    • Property Owner Associations
    • Private Clubs
  • Country Clubs
  • Non-Profit Organizations
  • Recreational Programs
  • Facility Operations
  • View Jeff Evans' Consulting Profile.
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    Ann E. Reisch, CCIM, CPM®, RPA
    2316 Chinook Trail
    Maitland FL 32751
    phone: 407-628-2742
    fax: 407-628-2561
    Ann E. Reisch, CCIM, CPM®, RPA, is a real estate expert with a specialization in Property Management and Leasing.

    Typical matters involve premises liability issues related to property operations, maintenance and management activities. Other common issues involve security, leasing, property inspections, landlord/tenant disputes and community association/board activities. Property types include apartment communities, shopping centers, office buildings, mixed-use properties, parking garages, industrial warehouses, single family homes and community & homeowner associations.

    Ms. Reisch has been retained in more than 150 litigation matters with a balanced history of working with both plaintiff and defense counsel.

    Ms. Reisch has a B.S. in Business Administration with a Minor in Psychology, is licensed in Florida as a Real Estate Broker and Community Association Manager and holds the coveted professional designations of Certified Commercial Investment Member, Certified Property Manager® and Real Property Administrator. She is a past national Chair of the Industry Standards Advisory Board for the Institute of Real Estate Management. Additionally, she currently serves IREM as a member of the Ethics Committee. She has held many other nationally appointed positions in the past, and has served as President of her local IREM chapter.

    View Ann Reisch's Consulting Profile.
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    Property Development Consultant
    3861 N.31st Terrace
    Hollywood FL 33021
    phone: 954-987-1077
    Howard N. Shapiro has over 40 years of experience in his field of Property Development. As a Director and Senior Vice President of Pacific International Equities, Inc., which, during his 26 year tenure, was Miami Beach’s largest, luxury, condominium, high-rise developer, he oversaw the acquisition, planning, design, development, and marketing of over 4,500 units with a market value exceeding $750,000,000.

    In 1997, Mr. Shapiro left Pacific to start his own firm, Howard Shapiro & Company, where he provides Consultancy and Expert Witness Services to the development industry. He currently lends his experience to the legal industry as an expert witness in cases involving real estate development. Mr. Shapiro is also qualified as a Florida Supreme Court Arbitrator. He is available for cases involving:
    • Property Development
    • Property Transactions
    • Condominium Development
    Given his experience, Mr. Shapiro has recently been asked by the University of Miami School of Law to assist its LLM Program in Real Property Development, which led to his being appointed to its Adjunct Faculty as its Developer in Residence. Working with law students and faculty, he lectures and assists students and professors in the classroom setting, where he present the client’s point of view and the reality of the real estate development industry, which complements the theoretical legal aspects learned by students through their law classes.

    Because of his broad development experience, particularly in the field of South Florida condominiums, he was invited by Florida’s pre-eminent condominium and association legal expert, Gary Poliakoff, Esquire, to edit his book, “New Neighborhoods: a Consumer's Guide to Condominium, Co-op, and HOA Living.”

    Approved by the Florida Supreme Court as a Certified Circuit Court Mediator and Qualified Arbitrator.

    View Howard Shapiro's Consulting Profile.
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    James D. Wamble, PE, RLS
    PE, RLS
    40 Middleton Street
    Nashville TN 37210
    phone: 615-251-9555
    fax: 615-251-9034
    James D. Wamble, PE, RLS has over 30 years of experience as a Professional Civil Engineer and Registered Land Surveyor. During the course of his career, Mr. Wamble has worked on land planning, land surveying, or civil engineering projects in all counties of the middle and west Tennessee regions, and several counties in east Tennessee.

    Mr. Wamble has offered litigation support services as an expert witness in cases since 1976. In the last four years, he has testified 20 times in 13 lawsuits. These litigation cases include land planning, land surveying, and civil engineering issues. Mr. Wamble has experience with depositions, trials, hearings, and arbitrations.

    Expert Witness Services Include:
    • Research
    • Site Inspections
    • Engineering Analysis
    • Land Surveys
  • Survey and Civil Engineering Drawings
  • Investigation
  • Report Writing
  • Exhibit Preparation
  • Areas of Expertise:

    • Civil Engineering: Design of grading, drainage, utilities, roads, lakes, dams, detention basins, parking lots, shopping centers, subdivisions, apartments, condominiums, planned unit developments, specific plans, industrial parks, mobile home parks, mini warehouses, hotels and office building site plans; flood, drainage, and utility studies; low impact design; financial developability and constructability analysis of proposed developments; preparation of cost estimates; assisting clients in setting project budgets; designing projects to contain cost within determined project budget; construction project management, inspection, administration, and processing of contractors’ pay requests
    • Land Surveying: Topographic, Route, Land, Boundary, Utilities, Aerial ground control, Engineering design, and Construction Surveys
    • Land Planning: Land use/development feasibility analysis, planning and concept design of residential, commercial, industrial and municipal projects; zone change applications; planned unit development and specific plan applications; site selection consultation; and graphic presentations
    View James Wamble's Consulting Profile.