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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
USA
phone: 310-285-9600
fax: 310-557-3611
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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
    Principal
    26895 Aliso Creek Road, Suite B-714
    Aliso Viejo CA 92656
    USA
    phone: 949-305-9199
    fax: 949-305-8297
    PROPERTY MANAGEMENT EXPERT
  • Depositions: 800+
  • Mediations & Arbitrations: 100+
  • Trial Testimony: 80
  • More than 10,000 properties inspected.
  • RETAINED BY 300 LAW FIRMS IN 23 STATES
  • California, Florida, Texas, New Jersey, Massachusetts, Ohio
  • Nevada, Arizona, Washington, South Carolina, North Carolina, Iowa
  • Hawaii, Idaho, Alabama, Colorado, Pennsylvania, Oklahoma
  • Montana, Tennessee, Mississippi, Missouri, North Dakota
  • AREAS OF EXPERTISE
  • Standard of Care; Custom and Practice
  • Building & Safety Codes
  • Fair Housing Practices (FEHA)
  • Personal Injury (Slip, Trip & Fall)
  • Premises Liability
  • Landlord/Tenant
  • PROPERTY TYPES
  • 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
    USA
    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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    Cantrell Associates
    James H. Cantrell, CPM
    11315 North Point
    San Francisco CA 94123
    USA
    phone: 415-244-5927
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    James H. Cantrell, CPM® is a Real Estate expert with over 35 years of Asset and Property Management experience. He specializes in the turnaround of properties with Deferred Maintenance and Mismanagement.

    For both private and institutional investors, Mr. Cantrell has managed a variety of product types, apartments, high-rise office, association management, industrial I warehouse properties, retail, and large hotels. He is currently active in day to day asset and property management and has established management programs that have maximized the values of the various investments.

    Background - Mr. Cantrell served as the President of Cantrell, Harris & Associates, a San Francisco-based real estate management and consulting firm that was formed 30 years ago. He formed Cantrell Associates which provides property management, litigation support, and expert witness services.

    He currently teaches a number of courses for the Institute of Real Estate Management (IREM) and has taught throughout the United States, in Russia and Poland. He was an Associate Professor at Golden Gate University for 9 years teaching an Asset/Property management course in the MBA program.

    He began his career with Arlen Realty as a property supervisor, handling properties in the United States Investment Fund Portfolio, and has held the position of Equity Administrator with Clevetrust Realty Investors, responsible for managing numerous properties throughout the Country. He also served as Treasurer of Regency Equities, a Real Estate Investment Trust, traded on NASDQE, and was President of Plaza Equities Management, Inc., with a national portfolio of mixed assets under his direction. He has served as a Court appointed Receiver on all types of assets throughout California.

    Litigation Support - Mr. Cantrell has served or consulted as an expert on behalf of both Plaintiffs and Defendants in over 100 cases. He is uniquely qualified with his experience and teaching background and is your best choice as an expert in litigation.

    Areas of Expertise:
    • Standards of Care
    • Property Damage
    • Personal Injury
    • Habitability
    • Landlord / Tenant
    • Maintenance
  • Air Quality
  • Mold Issues
  • Receiverships
  • Lease Interpretation
  • Partnership Agreements
  • Trust Properties
  • View James Cantrell's Consulting Profile.
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    Edwards and Cherney, LLP
    Craig Cherney
    14300 N. Northsight Blvd.
    #129
    Scottsdale AZ 85260
    USA
    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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    Robert S. Griswold, CRE, CPM, CCIM, PCAM, CCAM, GRI, ARM
    5703 Oberlin Drive
    Suite 300
    San Diego CA 92121
    USA
    phone: 888-606-0617
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    Robert Griswold Real Estate Management Expert PhotoRobert S. Griswold, CRE, CPM, CCIM, PCAM, CCAM, GRI, ARM, has over 30 years of specialized experience in the field of Real Estate Management. He is currently active as a day-to-day hands-on, licensed practitioner, consultant, and expert witness in all aspects of real estate (except valuation).

    A 3-time graduate of the distinguished Marshall School of Business at the University of Southern California with a BS ('81), MBA ('86) and MSBA (2nd Masters) ('88) in real estate and related disciplines, Mr. Griswold is a recognized expert on management of all types of residential real estate. He has actively managed over 60,000 residential units and several million square feet of commercial, industrial, self-storage and retail properties nationally. He has extensive experience as a court-appointed receiver (over 160 times) for private lenders and major financial institutions.

    Litigation Support - In the last 20+ years, Mr. Griswold has consulted on over 1,800 litigation matters, has been deposed over 300 times, and provided sworn testimony in trial or arbitration on over 100 occasions in both state and federal litigation matters throughout the United States. Also serving as a court-appointed bankruptcy Custodian and Referee, his case work is very evenly divided between plaintiff and defense work.

    Mr. Griswold is uniquely qualified to opine on real estate related litigation matters having authored or co-authored the 3 best selling real estate books: Real Estate Investing For Dummies; Property Management Kit For Dummies; and Landlord's Legal Kit For Dummies. His 15+ years as an On-Air NBC-TV Real Estate Expert and a similar tenure as a major radio station weekly talk show host have prepared him to present opinions to juries.

    Areas of Expertise:
    • Property Manager or Broker Fiduciary Duty
    • Transactions
    • Lease / CAM Disputes
    • Lease Mitigation
    • Premises Liability - Trip & Fall
    • Maintenance or Failure to Maintain
    • "Slumlord" Allegations
    • Health & Safety or Personal Injury
    • Wrongful Death
  • Property Inspections
  • Water Intrusion, Mold
  • Bed Bugs
  • Fair Housing, Discrimination
  • HUD Management Issues, Criminal Acts
  • Management / Receiver Fees
  • Transfer Disclosures, Misrepresentation, Negligence
  • Negligent Hiring, Supervision, Termination
  • Association Board Duties and Negligence
  • View Robert Griswold's Consulting Profile.
    Robert S. Griswold, et al
    Do you want to get involved in real estate investing, but aren't quite sure where to start? Real Estate Investing For Dummies is your go-to resource for making sense of the subject, offering plain-English, step-by-step explanations of everything you need to know to keep yourself one step ahead of the competition. Inside, you'll discover how to overcome the challenges of the market, take advantage of the opportunities in any real estate environment—including a down market—and so much more.
    Robert S. Griswold
    A comprehensive guide to the laws and legalities of renting property. This one-stop legal reference provides both guidance and the correct forms that help landlords avoid tenant issues, which could lead to legal ramifications. From screening potential tenants to handling your own insurance and taxes, you'll find expert insight in this easy-to-read style that simplifies complex legal matters into understandable terms. The book includes access to all the needed legal forms in both English and Spanish, and contains current information about applicable codes, ordinances, and policies across the country.
    Robert S. Griswold
    Thinking about becoming a landlord? This book gives you proven strategies for establishing and maintaining rental properties, whether a single family or multi-resident unit. You'll find out how to prepare and promote your properties, select tenants, handle repairs, avoid costly mistakes and legal missteps—and meet your long-term goals.
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    Landmark Real Estate Research
    Dr. Thomas A. Musil, DPA, CVA
    13857 Kendall St. NE
    Forest Lake MN 55025
    USA
    phone: 612-207-7895
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    Dr. Thomas A. Musil, CVA, has over 35 years of experience in the Real Estate field and is a retired full-time Real Estate Professor. He has extensive experience serving as an expert witness in residential, multifamily, commercial, industrial, and institutional property disputes. Dr. Musil is a real estate broker and holds the Certified Valuation Analyst (CVA) designation. He provides expert testimony, research and analysis services to counsel representing Plaintiff and Defense.

    Real Estate Sales Agent & Broker Disputes:
    • Ethics & Conflicts of Interest
    • Negligence & Malpractice
    • Standards of Care
    • Due Diligence
    • Real Estate Industry Standards
    • Fiduciary Duties & Breach of Duty
    • Disclosure of Material Facts
    • Licensing Requirements
    Expertise and Experience:
    • Arbitration
    • Financing
    • Practices & Procedures
    • Water & Mold Damage
    • Seller Misrepresentation
    • Property Management
    • Housing Discrimination
    • Landlord/Tenant
    • Planning & Zoning
    • Economic Impact of Development
    • Development
    • Economic Loss
    • Business Interruption Damages
    • Disparate Impact in Housing Code Enforcement
    • Fraud
    • Mortgage Foreclosure Practices
    • Real Estate Settlement Procedures Act (RESPA)
    • Premises Liability
    • Property Defects
    • Homeowners Association (HOA) Disputes
    • Tenant in Common (TIC) disputes
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    Jeffrey M. Evans, LSM, PCAM, MCM, CCE, CCM, ECM
    Principal
    6302 Route 191
    PO Box 529
    Mountainhome PA 18342
    USA
    phone: 570-350-3550
    fax: 570-256-4415
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    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
    Principal
    2316 Chinook Trail
    Maitland FL 32751
    USA
    phone: 407-628-2742
    fax: 407-628-2561
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    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
    USA
    phone: 954-987-1077
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    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
    USA
    phone: 615-251-9555
    fax: 615-251-9034
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    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 12 times in 8 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.