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Michael Kushner

HOA HELL

A How To and Education podcast

#192 in How To · 🇺🇸
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About the show

HOA Hell with Michael Kushner is your inside guide to surviving—and winning—against California’s most abusive and overreaching HOAs. Leveraging almost 30 years of experience fighting for HOA members, Michael Kushner gives California homeowners real tools to fight back against abusive boards, outrageous rules, and everyday HOA nonsense. If your HOA is making your life a living Hell, then this podcast is for you. 

Newest episodes

What Are My Rights at a California HOA Violation Hearing?

1 min

In this HOA Q&A, California’s leading homeowner-side HOA attorney, Michael Kushner, explains your rights when your HOA orders you to a violation hearing. If your HOA skips even one required step, it can’t enforce the fine or any other discipline it imposes. Kushner also shares the one thing you can do to prevent the board from fining you, as well as the limit on how much your HOA can fine you after AB 130.   🎯 What You’ll Learn in This HOA Q&A:  ✅ The one step you can take that bars your HOA from fining you, no matter what the board decides at the hearing. ✅ When a board member who has to leave the room and can’t vote on your discipline. ✅ AB 130’s dollar cap on most HOA fines, and the only way your board can get around it.  This Q&A covers the rights you have before, during, and after an HOA violation hearing.  HELPFUL LINKS:  “What are My Rights at a California HOA Violation Hearing?” https://mbkchapman.com/california-hoa-violation-hearing-rights-fact-sheet/  🎧 📞 If you enjoyed this Q&A, please like and subscribe to HOA HELL. Listen on YouTube at @hoahellpodcastofficial or wherever you get your podcasts. To schedule a consultation, visit https://mbkchapman.com/ and mention the HOA HELL discount.  Disclaimer: This content constitutes attorney advertising. The content of this podcast is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by listening to this podcast, submitting a question, or receiving a response. Always consult with a licensed attorney regarding your specific legal situation. MBK Chapman and Michael Kushner disclaim any liability for actions taken or not taken based on the information provided in this podcast.   This communication does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.   About: Michael Kushner created and taught the systems now used by the biggest law firms in the state focused on HOA litigation. Managing partner...

Does My California HOA Have to Pay When Its Contractor Damages My Home?

27 min

People who live in HOAs often ask who has to pay when the HOA’s landscaper, painter, plumber, or other vendor or contractor damages their home or personal property (e.g., their fence, gate, pipes, roof, landscaping, or the belongings inside their home). In this episode, attorney Michael Kushner, California’s #1 homeowner-side HOA lawyer in California, explains when your HOA has to pay for damage its contractors or vendors cause and when you can go after the HOA, the contractor, or both.  What You’ll Learn in This Episode:  ✅ How Civil Code §§ 1714 and 2338 help you determine who you can sue if the HOA’s landscaper, painter, plumber, or other contractor damages your property.  ✅ How the legal concept called “privity” decides which claims you can only bring against your HOA and which ones you can bring against its contractors. ✅ Whether you can sue your HOA’s management company for ignoring you. ✅ How the law treats damage to your walls, windows, and pipes differently from damage to your grandmother’s armoire, your piano, or your paintings.  THE FIVE GEMS FROM THIS EPISODE:  1. The contractors your HOA hires are doing the HOA’s work. 2. Sometimes you can sue both the HOA and the contractor, and sometimes only one. 3. The law treats your home differently from your personal belongings (i.e., your stuff). 4. “Privity” means being a party to the contract. 5. Breach of contract and negligence are different claims, and which one applies decides whom you can sue.  HELPFUL LINKS:  “Is My California HOA Responsible When Its Contractor Damages My Home?” https://mbkchapman.com/california-hoa-contractor-damage-fact-sheet/  🎧 📞 If you enjoyed this episode, please like and subscribe to HOA HELL. Listen on YouTube at @hoahellpodcastofficial or wherever you get your podcasts. To schedule a consultation, visit https://mbkchapman.com/ and mention the HOA HELL discount.  DISCLAIMER:   This content constitutes attorney advertising. The content of this podcast is for general informa...

KNX 1070: Can My California HOA Track My License Plate With Flock Cameras?

3 min

In the final part of KNX News reporter Steve Gregory’s 5-part series on California HOAs, California’s most prominent homeowner-side HOA attorney, Michael Kushner, breaks down the serious concerns revolving around Flock cameras and license plate readers now showing up in HOAs across the state. These cameras photograph and log every car that enters and exits, and the real concern isn’t the cameras, it’s the data, who holds it, who can pull it, and what those with access do with it. Kushner even walks through a case where a board member is suspected of using the system to stalk a resident. This segment covers whether an HOA can legally run these cameras, the obligations it takes on when it does, and the first move to make if you think someone is breaking the law by invading your privacy.  🎯 What You’ll Learn in This Segment:  ✅ Whether it’s even legal for an HOA to install Flock cameras and license plate readers on the common area. ✅ The written policy an HOA has to post publicly, and what its absence means. ✅ The first step Kushner says to take if you suspect someone is using the camera data to track you illegally.  HELPFUL LINKS:  “Can My California HOA Share My License Plate Data With the Police?” https://mbkchapman.com/hoa-sharing-flock-camera-data-fact-sheet/  “Can My California HOA Track My License Plate With Flock Cameras?” https://mbkchapman.com/california-hoa-flock-cameras-license-plate-fact-sheet/  “When Your HOA Installs Flock Cameras, California Law Does Little to Protect Your Privacy” https://mbkchapman.com/hoa-flock-cameras-privacy-fact-sheet/  🎧 📞 If you enjoyed this news segment, please like and subscribe to HOA HELL. Listen on YouTube at @hoahellpodcastofficial or wherever you get your podcasts. To schedule a consultation, visit https://mbkchapman.com/ and mention the HOA HELL discount.  Disclaimer: This content constitutes attorney advertising. The content of this podcast is for general informational purposes only and does not constitute legal a...

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All episodes

What Are My Rights at a California HOA Violation Hearing?

1 min

In this HOA Q&A, California’s leading homeowner-side HOA attorney, Michael Kushner, explains your rights when your HOA orders you to a violation hearing. If your HOA skips even one required step, it can’t enforce the fine or any other discipline it imposes. Kushner also shares the one thing you can do to prevent the board from fining you, as well as the limit on how much your HOA can fine you after AB 130.   🎯 What You’ll Learn in This HOA Q&A:  ✅ The one step you can take that bars your HOA from fining you, no matter what the board decides at the hearing. ✅ When a board member who has to leave the room and can’t vote on your discipline. ✅ AB 130’s dollar cap on most HOA fines, and the only way your board can get around it.  This Q&A covers the rights you have before, during, and after an HOA violation hearing.  HELPFUL LINKS:  “What are My Rights at a California HOA Violation Hearing?” https://mbkchapman.com/california-hoa-violation-hearing-rights-fact-sheet/  🎧 📞 If you enjoyed this Q&A, please like and subscribe to HOA HELL. Listen on YouTube at @hoahellpodcastofficial or wherever you get your podcasts. To schedule a consultation, visit https://mbkchapman.com/ and mention the HOA HELL discount.  Disclaimer: This content constitutes attorney advertising. The content of this podcast is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by listening to this podcast, submitting a question, or receiving a response. Always consult with a licensed attorney regarding your specific legal situation. MBK Chapman and Michael Kushner disclaim any liability for actions taken or not taken based on the information provided in this podcast.   This communication does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.   About: Michael Kushner created and taught the systems now used by the biggest law firms in the state focused on HOA litigation. Managing partner...

Does My California HOA Have to Pay When Its Contractor Damages My Home?

27 min

People who live in HOAs often ask who has to pay when the HOA’s landscaper, painter, plumber, or other vendor or contractor damages their home or personal property (e.g., their fence, gate, pipes, roof, landscaping, or the belongings inside their home). In this episode, attorney Michael Kushner, California’s #1 homeowner-side HOA lawyer in California, explains when your HOA has to pay for damage its contractors or vendors cause and when you can go after the HOA, the contractor, or both.  What You’ll Learn in This Episode:  ✅ How Civil Code §§ 1714 and 2338 help you determine who you can sue if the HOA’s landscaper, painter, plumber, or other contractor damages your property.  ✅ How the legal concept called “privity” decides which claims you can only bring against your HOA and which ones you can bring against its contractors. ✅ Whether you can sue your HOA’s management company for ignoring you. ✅ How the law treats damage to your walls, windows, and pipes differently from damage to your grandmother’s armoire, your piano, or your paintings.  THE FIVE GEMS FROM THIS EPISODE:  1. The contractors your HOA hires are doing the HOA’s work. 2. Sometimes you can sue both the HOA and the contractor, and sometimes only one. 3. The law treats your home differently from your personal belongings (i.e., your stuff). 4. “Privity” means being a party to the contract. 5. Breach of contract and negligence are different claims, and which one applies decides whom you can sue.  HELPFUL LINKS:  “Is My California HOA Responsible When Its Contractor Damages My Home?” https://mbkchapman.com/california-hoa-contractor-damage-fact-sheet/  🎧 📞 If you enjoyed this episode, please like and subscribe to HOA HELL. Listen on YouTube at @hoahellpodcastofficial or wherever you get your podcasts. To schedule a consultation, visit https://mbkchapman.com/ and mention the HOA HELL discount.  DISCLAIMER:   This content constitutes attorney advertising. The content of this podcast is for general informa...

KNX 1070: Can My California HOA Track My License Plate With Flock Cameras?

3 min

In the final part of KNX News reporter Steve Gregory’s 5-part series on California HOAs, California’s most prominent homeowner-side HOA attorney, Michael Kushner, breaks down the serious concerns revolving around Flock cameras and license plate readers now showing up in HOAs across the state. These cameras photograph and log every car that enters and exits, and the real concern isn’t the cameras, it’s the data, who holds it, who can pull it, and what those with access do with it. Kushner even walks through a case where a board member is suspected of using the system to stalk a resident. This segment covers whether an HOA can legally run these cameras, the obligations it takes on when it does, and the first move to make if you think someone is breaking the law by invading your privacy.  🎯 What You’ll Learn in This Segment:  ✅ Whether it’s even legal for an HOA to install Flock cameras and license plate readers on the common area. ✅ The written policy an HOA has to post publicly, and what its absence means. ✅ The first step Kushner says to take if you suspect someone is using the camera data to track you illegally.  HELPFUL LINKS:  “Can My California HOA Share My License Plate Data With the Police?” https://mbkchapman.com/hoa-sharing-flock-camera-data-fact-sheet/  “Can My California HOA Track My License Plate With Flock Cameras?” https://mbkchapman.com/california-hoa-flock-cameras-license-plate-fact-sheet/  “When Your HOA Installs Flock Cameras, California Law Does Little to Protect Your Privacy” https://mbkchapman.com/hoa-flock-cameras-privacy-fact-sheet/  🎧 📞 If you enjoyed this news segment, please like and subscribe to HOA HELL. Listen on YouTube at @hoahellpodcastofficial or wherever you get your podcasts. To schedule a consultation, visit https://mbkchapman.com/ and mention the HOA HELL discount.  Disclaimer: This content constitutes attorney advertising. The content of this podcast is for general informational purposes only and does not constitute legal a...

KNX 1070: Can My California HOA Regulate E-Bikes and E-Scooters?

3 min

In part 4 of KNX News reporter Steve Gregory’s 5-part series on California HOAs, California’s most respected homeowner-side HOA attorney, Michael Kushner, explains how far an HOA can go in regulating e-bikes and scooters. E-bike-related accidents and fires are gaining increasing attention across the state as ER visits rise steeply, and HOAs are scrambling to pass rules regulating their use in the common areas.   Many residents living in HOA-governed communities now want to know what their HOAs can do about the kids tearing down common area sidewalks at full speed. This segment from KNX news seeks to explain the line between the common areas an HOA controls and the private property it doesn’t, and lays out what an HOA can enforce when it comes to e-bikes, e-scooters, and e-motorcycles.  🎯 What You’ll Learn in This Segment:  ✅ What an HOA can require of e-bike and scooter riders once they enter the common areas. ✅ The line between where an HOA can regulate riding and where it has no say at all.  HELPFUL LINK(S):  “Can My California HOA Ban or Regulate E-Bikes and E-Scooters?” https://mbkchapman.com/hoa-e-bike-rules-fact-sheet/  “Can My California HOA Ban or Fine Me for My Kid's E-Bike or E-Scooter?” https://www.youtube.com/watch?v=lERHpBEl3gc&t=3s  🎧 📞 If you enjoyed this news segment, please like and subscribe to HOA HELL. Listen on YouTube at @hoahellpodcastofficial or wherever you get your podcasts. To schedule a consultation, visit https://mbkchapman.com/ and mention the HOA HELL discount.  Disclaimer: This content constitutes attorney advertising. The content of this podcast is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by listening to this podcast, submitting a question, or receiving a response. Always consult with a licensed attorney regarding your specific legal situation. MBK Chapman and Michael Kushner disclaim any liability for actions taken or not taken based on the informat...

Why Are There So Many Bad HOAs in California?

34 min

Is your HOA run by a director who patrols the neighborhood with a clipboard, a tape measure, and a camera? In this episode, attorney Michael Kushner, California’s most experienced homeowner-side HOA attorney, takes on a listener’s complaint about exactly that kind of HOA and names the #1 reason bad HOAs exist and persist. Living in a good HOA can be a good way to live. Living in a bad HOA is HOA HELL. And the difference starts with you. You’ll Learn in this Episode: ✅ The single factor that lets bad HOAs exist and persist. ✅ The importance that the annual disclosures serve in turning your bad HOA into a good HOA. ✅ The grass-height rule, the director with a ruler, and the line between enforcing a rule and abusing it. ✅ The recall process, and how 1 or 2 engaged neighbors can grow into enough votes to remove bad directors.  If you’re tired of living in a bad HOA, this episode gives you a place to start.  HELPFUL LINKS:  “HOA Recalls in California: How Homeowners Can Remove Their HOA Board” https://mbkchapman.com/hoa-recalls-in-california-fact-sheet/  “HOA Recalls in California: The Power to Remove Your HOA Board” https://mbkchapman.com/california-hoa-recall-board/  “Mandatory Annual Disclosures that CA HOAs Must Make to Members” https://mbkchapman.com/california-hoa-annual-disclosures/    🎧 📞 If you enjoyed this episode, please like and subscribe to HOA HELL. Listen on YouTube at @hoahellpodcastofficial or wherever you get your podcasts. To schedule a consultation, visit https://mbkchapman.com/ and mention the HOA HELL discount.  DISCLAIMER:   This content constitutes attorney advertising. The content of this podcast is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by listening to this podcast, submitting a question, or receiving a response. Always consult with a licensed attorney regarding your specific legal situation. MBK Chapman and Michael Kushner disclaim any liability for actions...

KNX 1070: Can My HOA Ban Me From Flying the American Flag?

2 min

In part 3 of KNX News reporter Steve Gregory’s five-part series on California HOAs, California’s #1 homeowner-side HOA attorney, Michael Kushner, takes on a San Diego HOA that banned the American flag. Chris and Amy Cooke have flown their flag on the side of their garage for more than 20 years to honor those who served and died for the country. Then one neighbor’s Padres playoff flag drew a complaint, that complaint snowballed into a total flag ban, and the Ambiance Owners Association started threatening fines until the flags came down. The Davis-Stirling Act protects the American flag with only one narrow exception, and this segment shows what happens when a board ignores it.  🎯 What You’ll Learn in This Segment:  ✅ The single exception in the Davis-Stirling Act that lets an HOA restrict the American flag, and how rarely it applies. ✅ Where a flag on a garage or patio falls when it sits on exclusive use common area. ✅ So I served the board with a 10-page demand. Since the segment aired, the HOA backed down. Mark that as another win for the homeowner. HELPFUL LINKS:  “Can a California HOA Ban the American Flag? A San Diego Fight Goes National” https://mbkchapman.com/hoa-american-flag-fact-sheet/  🎧 📞 If you enjoyed this news segment, please like and subscribe to HOA HELL. Listen on YouTube at @hoahellpodcastofficial or wherever you get your podcasts. To schedule a consultation, visit https://mbkchapman.com/ and mention the HOA HELL discount.  Disclaimer: This content constitutes attorney advertising. The content of this podcast is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by listening to this podcast, submitting a question, or receiving a response. Always consult with a licensed attorney regarding your specific legal situation. MBK Chapman and Michael Kushner disclaim any liability for actions taken or not taken based on the information provided in this podcast.   This communication...

Can My California HOA Use Reserve Funds for Anything It Wants?

33 min

Is your HOA spending reserve money on things it’s not supposed to? In this episode, attorney Michael Kushner, California’s #1 homeowner-side HOA attorney, breaks down which money has to go into your HOA’s reserve account, the short list of things your HOA can spend it on, and how bad HOAs frequently misuse the reserve account to pay for things like ordinary landscaping, insurance premiums, and leaking water spigots. When reserve money is misspent on prohibited items, one way or another, homeowners end up having to pay to replace the money.  What You’ll Learn in this Episode:  ✅ The interest your HOA’s reserve account earns, and what it means when that money ends up in the operating account. ✅ The four things Civil Code § 5510 lets your HOA spend reserve money on. ✅ The mistake in the Davis-Stirling Act over whether your HOA can use reserve money to build something new, like pickleball courts. ✅ The two ways your HOA has to make up the shortfall when it spends reserve money on the wrong things.  If your HOA is paying for something out of reserves and you’re not sure it’s allowed to, this episode tells you how to find out.  HELPFUL LINKS:  “What Can My California HOA Legally Spend Reserve Funds On?” https://mbkchapman.com/hoa-reserve-funds-spending-fact-sheet/  “What Can My California HOA Legally Spend Reserve Funds On? https://mbkchapman.com/hoa-reserve-funds-spending-fact-sheet/  “Can You Hold HOA Board Members Personally Liable in California?” https://mbkchapman.com/hoa-board-member-personal-liability-california-fact-sheet/  “Can My California HOA Borrow From Reserves?” https://mbkchapman.com/hoa-borrow-from-reserves-california-fact-sheet/  🎧 📞 If you enjoyed this episode, please like and subscribe to HOA HELL. Listen on YouTube at @hoahellpodcastofficial or wherever you get your podcasts. To schedule a consultation, visit https://mbkchapman.com/ and mention the HOA HELL discount.  DISCLAIMER:   This content constitutes attorney advertising. The content of th...

HOA Free Speech Rights in California: What Can I Say About My HOA?

2 min

In part 2 of KNX News reporter Steve Gregory’s 5-part series “Behind the Gate” series on California HOAs, California’s most prominent homeowner-side HOA attorney, Michael Kushner, walks him through what homeowners can and can’t say about their HOAs, both online and during open meetings. More than 14 million Californians live under an HOA, and social media has turned into the place where fed-up residents vent, complain, and name names. Some HOAs have tried passing anti-disparagement rules prohibiting online criticism of their activities, but those provisions are illegal under the Davis-Stirling Act. Tune in to find out what happens when those HOAs try to stifle homeowner speech.  🎯 What You’ll Learn in This Segment:  ✅ The one thing that has to be true before a statement about a board member counts as defamation. ✅ What your HOA has to prove before it can lawfully shut off your mic during open forum. ✅ The kinds of speech that fall outside the protection when you step up to the podium.  So what happens when you post about a board member, or stand up at a meeting to call one out and the board tries to cut your mic or discipline you?  HELPFUL LINKS:  “Can My California HOA Fine Me for Criticizing It on Social Media?” https://mbkchapman.com/can-hoa-fine-you-social-media-california-fact-sheet/  🎧 📞 If you enjoyed this news segment, please like and subscribe to HOA HELL. Listen on YouTube at @hoahellpodcastofficial or wherever you get your podcasts. To schedule a consultation, visit https://mbkchapman.com/ and mention the HOA HELL discount.  Disclaimer: This content constitutes attorney advertising. The content of this podcast is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by listening to this podcast, submitting a question, or receiving a response. Always consult with a licensed attorney regarding your specific legal situation. MBK Chapman and Michael Kushner disclaim any liability for act...

Can My California HOA Charge an Emergency Special Assessment Without a Vote?

29 min

Bad HOAs all over California are using the emergency exception to push through massive special assessments without an otherwise required homeowner vote, and sometimes even after homeowners voted one down. In this episode, California’s most respected homeowner-side HOA attorney, Michael Kushner, explains how the emergency exception works (including what it is an exception to) and how homeowners can tell whether their HOA’s emergency excuse qualifies.  What You’ll Learn in This Episode:  ✅ How Civil Code § 5605 limits what HOA boards can assess without a homeowner vote. ✅ The 3 narrow situations where Civil Code § 5610 lets HOAs skip the membership vote and impose a large assessment. ✅ Whether HOAs can use the emergency exception to pay for a sudden spike in insurance premiums. ✅ How decades of deferred maintenance often precede an HOA board’s reliance on the emergency exception.  ✅ What Civil Code § 5615 requires before HOAs can collect, and what homeowners must do before challenging the legality an assessment.  If your HOA has justified a new assessment as an “emergency” assessment, this episode shows you how to test that claim.  HELPFUL LINKS:  “Is My California HOA’s Emergency Special Assessment Legal?” https://mbkchapman.com/california-hoa-emergency-special-assessment-fact-sheet/  “What Happens If I Can’t Afford My California HOA’s Special Assessment?” https://mbkchapman.com/cant-afford-hoa-special-assessment-fact-sheet/  “Can My California HOA Charge a Special Assessment for Rising Insurance Costs?” https://mbkchapman.com/california-hoa-special-assessment-insurance-fact-sheet/  “The Impact of Rising Insurance Costs on California HOAs”https://mbkchapman.com/rising-hoa-insurance-costs-california/  “California HOA Special Assessments: Why Your Dues Keep Rising and a Huge Bill May Be Coming” https://www.youtube.com/watch?v=x647Oz9zPkE  “$49,000 HOA Special Assessment: Why They’re Exploding in California (ABC7)” https://www.youtube.com/watch?v=G4hX_PHQVQs&t=40s ...

KNX 1070: Why Do So Many Californians Hate Their HOAs?

2 min

KNX News reporter Steve Gregory goes behind the gate in this five-part series on California HOAs, and he brings in homeowner-side HOA attorney Michael Kushner, California’s most respected homeowner-side HOA attorneys, to explain how these communities work and why so many of them turn toxic. You've seen the videos on your feed, the shouting matches over mailbox colors and paint shades, the board meetings that dissolve into screaming. This video, Part 1 of the Behind the Gates series, traces where HOAs came from, what they're supposed to do, and the reason the same conflicts play out in gated communities across the state.  🎯 What You'll Learn in This Segment:  ✅ What an HOA is built to do for the homeowners who live under it. ✅ Where the modern HOA came from, starting more than a century ago in Southern California. ✅ What drives ordinary neighbors to turn board meetings into battlegrounds.  🎧 📞 If you enjoyed this news segment, please like and subscribe to HOA HELL. Listen on YouTube at @hoahellpodcastofficial or wherever you get your podcasts. To schedule a consultation, visit https://mbkchapman.com/ and mention the HOA HELL discount.  Disclaimer: This content constitutes attorney advertising. The content of this podcast is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by listening to this podcast, submitting a question, or receiving a response. Always consult with a licensed attorney regarding your specific legal situation. MBK Chapman and Michael Kushner disclaim any liability for actions taken or not taken based on the information provided in this podcast.   This communication does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.   About: Michael Kushner created and taught the systems now used by the biggest law firms in the state focused on HOA litigation. Managing partner of MBK Chapman, and author of the best-selling book, HOA HELL, Ku...

Can My California HOA Appoint a New Board Member When One Sells Their Home?

1 min

In this HOA Q&A, California’s most respected homeowner-side HOA attorney, Michael Kushner, explains what happens when a California HOA director sells their home and the board hands the empty seat to a hand-picked replacement instead of holding an election. Most homeowners assume the board can just fill the seat, and most boards assume the same thing. But whether that appointment holds up turns on a distinction between resigning and being disqualified, and on a few lines buried in your bylaws that decide who actually gets to pick the next director.  🎯 What You’ll Learn in This HOA Q&A:  ✅ The moment a selling director stops being eligible to serve. ✅ Why a director who resigns and a director who sells open the seat under two completely different rules. ✅ What your HOA’s bylaws have to say for the board to have any appointment power at all.  When a board member sells their home, this Q&A lays out who gets to fill the empty board seat.   Helpful Links:  “Can My California HOA Replace a Board Member Who Sold Their House?” https://mbkchapman.com/california-hoa-board-member-sells-house-fact-sheet/  🎧 📞 If you enjoyed this Q&A, please like and subscribe to HOA HELL. Listen on YouTube at @hoahellpodcastofficial or wherever you get your podcasts. To schedule a consultation, visit https://mbkchapman.com/ and mention the HOA HELL discount.  Disclaimer: This content constitutes attorney advertising. The content of this podcast is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by listening to this podcast, submitting a question, or receiving a response. Always consult with a licensed attorney regarding your specific legal situation. MBK Chapman and Michael Kushner disclaim any liability for actions taken or not taken based on the information provided in this podcast.   This communication does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.   About: Mich...

Can My California HOA Ban Christmas Lights, Religious Decorations, or Trick-or-Treating?

33 min

Every year before Halloween and Christmas, California homeowners ask whether their HOAs can restrict their holiday decorations, the religious items on their front doors, and the guests who come to trick-or-treat. In this episode, California’s #1 homeowner-side HOA attorney, Michael Kushner, explains how California law treats seasonal holiday decorations differently from religious items on entry doors, and how far HOAs can go in regulating each one.  What You’ll Learn in This Episode:  ✅ How Civil Code § 4350 limits the rules HOAs can pass on Christmas lights, Halloween decorations, and other seasonal holiday displays. ✅ How Civil Code § 4706 and Civil Code § 1940.45 protect a mezuzah, a cross, or a Star of David on an entry door, and the drafting error the Legislature still hasn’t corrected. ✅ How the size limit on religious door displays works, and what changes when the same cross goes up on a garage door. ✅ What rules HOAs can set for trick-or-treating hours, holiday noise, invited guests, and haunted houses. ✅ How gated communities can handle trick-or-treaters from outside the neighborhood, and the HOA rule targeting non-residents that made headlines last year.  If your HOA is threatening you over holiday decorations, a religious display, or your Halloween guests, this episode shows you where the HOA’s authority begins and ends.   Helpful Links:  “Can My California HOA Ban Trick-or-Treating or Keep Out Non-Residents on Halloween?” https://mbkchapman.com/california-hoa-trick-or-treating-fact-sheet/  “Can My California HOA Ban Christmas Lights, Holiday Decorations, or Religious Items?” https://mbkchapman.com/california-hoa-holiday-decorations-religious-items-fact-sheet/ “The Davis-Stirling Act Explained: California HOA Rules, Board Powers, and Homeowner Rights” https://mbkchapman.com/davis-stirling-act-explained-california-hoa-law-fact-sheet/ “When Are HOA Rules Illegal in California?” https://mbkchapman.com/illegal-hoa-rules-california-fact-sheet/  🎧 📞 If y...

Can My California HOA Track My License Plate With Flock Cameras?

1 min

In this HOA Q&A, California’s foremost homeowner-side HOA attorney and expert, Michael Kushner, explains what happens when a California HOA installs Flock license plate cameras at the entrance to an HOA-governed community. Once your HOA mounts an automated license plate reader in your community, every trip you take, every guest who comes to see you, every vendor your hire, and every caregiver who visits you gets photographed and logged. Your HOA didn’t ask you before installing a Flock camera, and you most likely never had the opportunity to vote in favor of it, but now those ALPR cameras are up and collecting data on you.  Most people are surprised to learn that the Davis-Stirling Act says absolutely nothing about your HOA’s use of Flock cameras, and the few statutes that do address their use in California weren’t passed with HOAs in mind. So, when it comes to your privacy, the gap between what most homeowners expect and what the law delivers is huge.  🎯 What You’ll Learn in This HOA Q&A:  ✅ What, if anything, the Davis-Stirling Act does to protect homeowner data collected by Flock cameras. ✅ The almost total lack of restrictions on the collection or use of Flock camera data on private organizations, like HOAs. ✅ The completely discretionary nature of the so-called remedies available to homeowners when ALPR camera data is abused by the HOA.  Flock cameras are spreading through California HOAs significantly faster than the laws aimed at protecting homeowners. This Q&A lays out where homeowners in California currently stand.  Helpful Links:  “Can My California HOA Track My License Plate With Flock Cameras?” https://www.youtube.com/watch?v=nChACcX1yfQ&t=1281s  “Can My California HOA Track My License Plate With Flock Cameras?” https://mbkchapman.com/california-hoa-flock-cameras-license-plate-fact-sheet/  “Can My California HOA Share My License Plate Data With the Police?” https://mbkchapman.com/hoa-sharing-flock-camera-data-fact-sheet/  🎧 📞 If you enjoyed this Q&...

California HOA Special Assessment Red Flags to Check Before You Buy

37 min

A Torrance HOA hit its owners with a $49,000 special assessment, and a San Clemente HOA hit its members with one for $26,000, stories that both ABC7’s Leanne Suter and KFI AM 640’s Monks & Merrill brought to California’s foremost homeowner-side HOA attorney, Michael Kushner, for his opinion. In this episode, Kushner walks prospective buyers through how to look into an HOA’s financial health before buying into a community. Looking for these red flags won’t predict the future, but it will give buyers a better chance of avoiding an HOA with a massive special assessment on the horizon.   What You’ll Learn in today's Episode:  ✅ How to force the required Civil Code § 4525 disclosures into your hands early so you can review them during your contingency period instead of after it’s too late. ✅ The percentage funded number in the reserve study, and the range Kushner points to as a healthy one. ✅ Why to ask for the full reserve study, not just the summary, when you check whether the major components are funded. ✅ The questions to ask the neighbors, and the reserve-borrowing habit that can signal a special assessment ahead.  Do this before you buy, and you’ll know whether you’re walking into a well-run HOA or the next $49,000 assessment.  Helpful Links:  “California HOA Special Assessments: What They Are, When They’re Legal, and How Homeowners Can Challenge Them” https://mbkchapman.com/california-hoa-special-assessments-fact-sheet/  “Why Do My California HOA Fees Keep Going Up?” https://mbkchapman.com/california-hoa-fees-fact-sheet/  “Can My California HOA Charge a Special Assessment for Rising Insurance Costs?” https://mbkchapman.com/california-hoa-special-assessment-insurance-fact-sheet/  “When Can a California HOA Raise Dues Without a Vote?” https://mbkchapman.com/california-hoa-assessment-increase-fact-sheet/  “HOA Reserve Studies in California: Understanding the “Percent Funded” Number” https://mbkchapman.com/hoa-reserve-studies-in-california-fact-sheet/  “Can My Cal...

Fannie Mae’s New Condo Loan Rules: Can My California HOA Make My Unit Unsellable?

28 min

Fannie Mae and Freddie Mac spent 2026 quietly rewriting the rules that decide whether anyone can get a loan to buy a condo in your community, and one more change hits in January 2027. In this episode, attorney Michael Kushner, California’s most experienced homeowner-side HOA attorney, breaks down what already changed, what’s coming, and why your HOA’s finances now decide whether you can sell your unit or refinance it.   If you own a California condo, the financial health of your HOA is more relevant than ever to your bank account.   What You’ll Learn in today’s Episode:  ✅ The financing shortcut that vanished on August 3, 2026, and why it could affect your ability to sell. ✅ Why the reserve minimum jumping from 10% to 15% on January 4, 2027 can push your monthly dues up. ✅ How some HOAs will wrongly call this an “emergency” under Civil Code § 5610(c) to skip your vote. ✅ The exact questions to ask your HOA board before you buy or sell a condo in California.  Whether you’re selling soon or just want to protect what your unit is worth, this episode shows you where you stand and what steps you can take with your HOA.   Helpful Links:  “New Fannie Mae Condo Loan Rules: Can My California HOA Make My Unit Unsellable?” https://mbkchapman.com/new-fannie-mae-condo-loan-rules-california-hoa-fact-sheet/  “Why Can’t Anyone Get a Loan to Buy in My California HOA?” https://www.youtube.com/watch?v=S_-m8pfmdIw Freddie Mac March 18, 2026 Selling and Servicing Updates Bulletin (2026-C) https://guide.freddiemac.com/app/guide/bulletin/2026-C Fannie Mae Lender Letter (LL-2026-03) https://singlefamily.fanniemae.com/media/44986/display  “Can My California HOA Charge a Special Assessment for Rising Insurance Costs?” https://mbkchapman.com/california-hoa-special-assessment-insurance-fact-sheet/  🎧 📞 If you enjoyed this episode, please like and subscribe to HOA HELL. Listen on YouTube at @hoahellpodcastofficial or wherever you get your podcasts. To schedule a consultation, visit https:...

Can My California HOA Refuse to Give Me the SB 326 Balcony Inspection Report?

1 min

In this HOA Q&A, California’s leading homeowner-side HOA attorney, Michael Kushner, explains the amendment to Civil Code § 5200, which took effect on January 1, 2026.    🎯 What You’ll Learn in This HOA Q&A:  ✅ The new amendment to Civil Code § 5200 that put the SB 326 inspection report in every homeowner’s hands, and the tight deadline your HOA has to produce it. ✅ How far back you can reach for older inspection reports, and what comparing two of them can expose about your board. ✅ The money you can recover from your HOA if it refuses to turn the report over.  Homeowners have a clear statutory right to the full SB 326 report, and this Q&A walks through the law supporting your right and what to do if your HOA stonewalls your request or refuses to turn the whole report over to you.  Helpful Links:  “Can My California HOA Refuse to Give Me the SB 326 Balcony Inspection Report?” https://mbkchapman.com/sb-326-inspection-report-fact-sheet/  🎧 📞 If you enjoyed this Q&A, please like and subscribe to HOA HELL. Listen on YouTube at @hoahellpodcastofficial or wherever you get your podcasts. To schedule a consultation, visit https://mbkchapman.com/ and mention the HOA HELL discount.  Disclaimer: This content constitutes attorney advertising. The content of this podcast is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by listening to this podcast, submitting a question, or receiving a response. Always consult with a licensed attorney regarding your specific legal situation. MBK Chapman and Michael Kushner disclaim any liability for actions taken or not taken based on the information provided in this podcast.   This communication does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.   About: Michael Kushner created and taught the systems now used by the biggest law firms in the state focused on HOA litigation. Managing partner of MBK Chapman, and author...

Can My California HOA Make Me Pay for the Previous Owner’s Violations?

31 min

Weeks after you close on your new home, a letter shows up demanding you pay a fine, cover an unpaid assessment, or fix something the previous owner did. In this episode, attorney Michael Kushner, California’s most experienced homeowner-side HOA attorney, explains which of those charges you actually have to pay and which ones stay the seller’s problem.  What You’ll Learn in this Episode:  ✅ How Civil Code § 5725 leaves the previous owner’s fines their personal debt, not yours. ✅ The single moment an unpaid assessment stops being the seller’s problem and becomes yours. ✅ What Civil Code § 5673 requires before an HOA can record a lien on your property. ✅ The $1,800 and twelve-month triggers under Civil Code § 5720 that decide whether your HOA can foreclose.  Most of these demands come down to whether the HOA recorded a lien before you closed, and a lot of what shows up in your mailbox doesn’t survive it.  Helpful Links:  “Can My California HOA Make Me Pay or Fix the Previous Owner’s Violations?” https://mbkchapman.com/hoa-previous-owner-violations-fact-sheet/  🎧 📞 If you enjoyed this episode, please like and subscribe to HOA HELL. Listen on YouTube at @hoahellpodcastofficial or wherever you get your podcasts. To schedule a consultation, visit https://mbkchapman.com/ and mention the HOA HELL discount.  DISCLAIMER:   This content constitutes attorney advertising. The content of this podcast is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by listening to this podcast, submitting a question, or receiving a response. Always consult with a licensed attorney regarding your specific legal situation. MBK Chapman and Michael Kushner disclaim any liability for actions taken or not taken based on the information provided in this podcast. This communication does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.  ABOUT:   Michael Kushner created and taught...

Can My California HOA Stop Me From Criticizing or Organizing Against It?

21 min

Your HOA says you can’t trash the board online, and it wants a deposit and an insurance policy before you can even meet in the clubhouse to talk about a recall. Both demands are illegal, and a $1,000-an-hour attorney recently told homeowners the opposite, in print. In this episode, attorney Michael Kushner, California’s most experienced homeowner-side HOA attorney, breaks down both halves of Civil Code 4515, the statute that protects your right to criticize your HOA and to organize your neighbors, and shows you exactly where those rights stop.  What You’ll Learn in Today’s Episode:  ✅ What Civil Code 4515 does to the non-disparagement clause in your governing documents. ✅ How harshly the law lets you criticize your board and its individual directors online, by name. ✅ The exact line where protected criticism crosses the line into defamation or criminal conduct. ✅ The $1,000-an-hour attorney who got this statute backwards in print.  Knowing both sides of 4515 is the difference between a homeowner who gets silenced and one who knows his or her rights and uses them freely.   Helpful Links:  “Can My California HOA Stop Homeowners From Meeting Together in the Common Area?” https://mbkchapman.com/hoa-stop-homeowners-meeting-common-area-fact-sheet/  “Can My California HOA Fine Me for Criticizing It on Social Media?” https://mbkchapman.com/can-hoa-fine-you-social-media-california-fact-sheet/  🎧 📞 If you enjoyed this episode, please like and subscribe to HOA HELL. Listen on YouTube at @hoahellpodcastofficial or wherever you get your podcasts. To schedule a consultation, visit https://mbkchapman.com/ and mention the HOA HELL discount.  DISCLAIMER:   This content constitutes attorney advertising. The content of this podcast is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by listening to this podcast, submitting a question, or receiving a response. Always consult with a licensed attorney regarding...

What Qualifies as a Health and Safety Violation Under California’s $100 HOA Fine Cap?

1 min

In this HOA Q&A, California’s #1 homeowner-side HOA attorney, Michael Kushner, explains what qualifies as a health and safety violation under California’s $100 HOA fine cap. Bad HOAs figured out fast that AB 130’s cap has one exception, and they’ve been stretching the words "health and safety" over ordinary violations to reach fines well above $100. That label isn’t the test. Civil Code § 5850 sets the standard, it’s narrower than most boards realize, and it forces an HOA through two steps that a lot of them skip entirely.  🎯 What You’ll Learn in This HOA Q&A:  ✅ The precise language in Civil Code § 5850 that decides which violations can carry a fine above $100. ✅ The two procedural steps an HOA has to complete before it collects a dollar over the cap. ✅ Real-world examples of violations that clear the health and safety standard, and the kind of reasoning that fails it.  Boards can call a violation whatever they want, but this Q&A lays out the standard they actually have to meet.  Helpful Links:  “What Qualifies as a Health and Safety Violation Under California’s $100 HOA Fine Cap?” https://mbkchapman.com/hoa-health-and-safety-violation-fact-sheet/  🎧 📞 If you enjoyed this Q&A, please like and subscribe to HOA HELL. Listen on YouTube at @hoahellpodcastofficial or wherever you get your podcasts. To schedule a consultation, visit https://mbkchapman.com/ and mention the HOA HELL discount.  Disclaimer: This content constitutes attorney advertising. The content of this podcast is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by listening to this podcast, submitting a question, or receiving a response. Always consult with a licensed attorney regarding your specific legal situation. MBK Chapman and Michael Kushner disclaim any liability for actions taken or not taken based on the information provided in this podcast.   This communication does not constitute a guarantee, warranty, or prediction...

Does my Condo Insurance Cover my California HOA’s Special Assessment?

1 min

In this HOA Q&A, California’s most respected homeowner-side HOA attorney, Michael Kushner, explains loss assessment coverage and how it pays a condo owner’s share of a California HOA special assessment. Such coverage could only be found in your own HO-6 condo policy, but most California condo owners either don’t carry it or carry a token amount that doesn’t help much at all. There’s a specific way to ask your agent for it, and a specific amount to carry, and you can only buy it before the loss happens.  🎯 What You’ll Learn in This HOA Q&A:  ✅ What loss assessment coverage is. ✅ When loss assessment coverage will pay out to you. ✅ How much loss assessment coverage you should ask your agent about. ✅ The two situations that typically come up where loss assessment coverage kicks in.  Special assessments hit without warning, and this Q&A explains the one insurance move that can cover your share before it’s too late to make it.  Helpful Links:  “HOA Loss Assessment Coverage: Can Insurance Pay My Special Assessment?” https://mbkchapman.com/hoa-loss-assessment-coverage-fact-sheet/  🎧 📞 If you enjoyed this Q&A, please like and subscribe to HOA HELL. Listen on YouTube at @hoahellpodcastofficial or wherever you get your podcasts. To schedule a consultation, visit https://mbkchapman.com/ and mention the HOA HELL discount.  Disclaimer: This content constitutes attorney advertising. The content of this podcast is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by listening to this podcast, submitting a question, or receiving a response. Always consult with a licensed attorney regarding your specific legal situation. MBK Chapman and Michael Kushner disclaim any liability for actions taken or not taken based on the information provided in this podcast.   This communication does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.   About: Michael Kushner create...

Can My California HOA Spray Pesticides Near My Home?

32 min

A rare childhood cancer cluster in Ladera Ranch has parents pointing at the pesticides their HOA sprays across the common areas. In this episode, HOA attorney Michael Kushner, California’s most experienced homeowner-side HOA attorney, uses that crisis to dig into the questions every California homeowner should be asking.   How much power does your HOA have to decide what chemicals get sprayed where your kids play, and what information should homeowners be entitled to regarding the nature of those chemicals?   This isn’t about the toxic tort lawsuit. It’s about the rights homeowners have today, and whether the Davis-Stirling Act should give them more.  What You’ll Learn in this Episode:  ✅ Your HOA’s right under the Davis-Stirling Act to spray pesticides across the common areas. ✅ The detail most HOA landscaping contracts leaves out. ✅ Whether a Ladera Ranch homeowner has to disclose the cancer cluster when they sell their home.  ✅ The limit on what a homeowner can demand when they want the spraying stopped near their own home. ✅ The new Civil Code 5200 right attorney Michael Kushner wants homeowners to have when it comes to identifying chemicals sprayed in HOA communities.  If you’ve ever wondered how much say your HOA has over the chemicals used in your community, and what you’re entitled to know about them, this episode lays it out and asks whether the law should give homeowners more.  Helpful Links:  “Can My California HOA Spray Pesticides Near My Home?” https://mbkchapman.com/hoa-spraying-pesticides-fact-sheet/  🎧 📞 If you enjoyed this episode, please like and subscribe to HOA HELL. Listen on YouTube at @hoahellpodcastofficial or wherever you get your podcasts. To schedule a consultation, visit https://mbkchapman.com/ and mention the HOA HELL discount.  DISCLAIMER:   This content constitutes attorney advertising. The content of this podcast is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is...

Who Do I Report My California HOA To? (Nobody. Here’s Why.)

34 min

Many homeowners think that there’s a state agency that they can report their HOAs to when their HOAs break the law. There isn’t. In this episode, HOA attorney Michael Kushner, California’s most respected homeowner-side HOA attorney, explains what homeowners have to do to protect their rights when it comes to their HOAs, and the handful of narrow exceptions where a state agency does exist to help homeowners.   What You’ll Learn in this Episode:  ✅ Who holds the power to make your HOA follow the law?  ✅ The narrow exceptions, from housing discrimination to red-tagged balconies, where a state agency can intervene. ✅ How the Davis-Stirling Act turns your CC&Rs into a right you can enforce in court. ✅ The fee-shifting statutes, including Civil Code 5975, that can make your HOA pay your legal fees when you win. The hard truth is that these rights don’t enforce themselves. This episode shows you who has to pull the trigger, and how the law is built to reward you when you do.  Helpful Links:  “Who Do I Report My California HOA To When It Breaks the Law?” https://mbkchapman.com/who-do-i-report-my-california-hoa-to-fact-sheet/   “Can a California HOA Stop You from Installing Solar Panels?” https://mbkchapman.com/can-california-hoa-stop-you-from-installing-solar-panels-fact-sheet/  “When Can You Recover Attorney Fees from Your California HOA? Key Laws Explained” https://mbkchapman.com/california-hoa-attorney-fees-statutes-fact-sheet/  🎧 📞 If you enjoyed this episode, please like and subscribe to HOA HELL. Listen on YouTube at @hoahellpodcastofficial or wherever you get your podcasts. To schedule a consultation, visit https://mbkchapman.com/ and mention the HOA HELL discount.  DISCLAIMER:   This content constitutes attorney advertising. The content of this podcast is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by listening to this podcast, submitting a question, or receiving a response. Always co...

Is There a State Agency That Regulates HOAs in California?

1 min

In this HOA Q&A, California’s leading homeowner-side HOA attorney, Michael Kushner, explains whether any state agency regulates California HOAs and where homeowners can turn when their HOA breaks the law.  🎯 What You’ll Learn in This HOA Q&A:  ✅ The handful of HOA complaints that do have somewhere to go, and the agencies that take them. ✅ The Davis-Stirling Act statute that lets a homeowner enforce the CC&Rs against the HOA directly. ✅ The specific code sections that homeowners can use to target common abuses by bad HOAs.  No agency is coming to the rescue. Homeowners are on their own when it comes to forcing their HOAs to follow the law, and this Q&A lays out the tools that the Davis-Stirling Act puts in homeowners’ hands to force their HOAs to follow the law.  Helpful Links:  “Who Do I Report My California HOA To When It Breaks the Law?” https://mbkchapman.com/who-do-i-report-my-california-hoa-to-fact-sheet/  🎧 📞 If you enjoyed this Q&A, please like and subscribe to HOA HELL. Listen on YouTube at @hoahellpodcastofficial or wherever you get your podcasts. To schedule a consultation, visit https://mbkchapman.com/ and mention the HOA HELL discount.  Disclaimer: This content constitutes attorney advertising. The content of this podcast is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by listening to this podcast, submitting a question, or receiving a response. Always consult with a licensed attorney regarding your specific legal situation. MBK Chapman and Michael Kushner disclaim any liability for actions taken or not taken based on the information provided in this podcast.   This communication does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.   About: Michael Kushner created and taught the systems now used by the biggest law firms in the state focused on HOA litigation. Managing partner of MBK Chapman, and author of the best-selling book...

Can My California HOA Ban E-Bikes and E-Scooters?

2 min

In this HOA Q&A, California’s pioneering homeowner-side HOA attorney, Michael Kushner, explains how far California HOAs can go when they move to regulate e-bikes and e-scooters. Suppose your teenager depends on an e-bike or e-scooter to get to school or work, and then your HOA proposes a rule to ban e-bikes and e-scooters from the common areas. Can the board really pass such a rule? And does the HOA’s authority extend onto city-owned streets?   🎯 What You’ll Learn in This HOA Q&A:  ✅ How far a California HOA’s authority reaches when it comes to streets and common areas.  ✅ The line that separates an enforceable e-bike or e-scooter rule from one that isn’t enforceable. ✅ The Vehicle Code age rule that can stop a teen from riding no matter what the HOA does.  For any California parent staring down a new e-bike or e-scooter rule, this Q&A is where to start.  Helpful Links:  “Can My California HOA Ban or Regulate E-Bikes and E-Scooters?” https://mbkchapman.com/hoa-e-bike-rules-fact-sheet/  “Can My California HOA Ban or Fine Me for My Kid’s E-Bike or E-Scooter?” https://www.youtube.com/watch?v=lERHpBEl3gc  🎧 📞 If you enjoyed this Q&A, please like and subscribe to HOA HELL. Listen on YouTube at @hoahellpodcastofficial or wherever you get your podcasts. To schedule a consultation, visit https://mbkchapman.com/ and mention the HOA HELL discount.  Disclaimer: This content constitutes attorney advertising. The content of this podcast is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by listening to this podcast, submitting a question, or receiving a response. Always consult with a licensed attorney regarding your specific legal situation. MBK Chapman and Michael Kushner disclaim any liability for actions taken or not taken based on the information provided in this podcast.   This communication does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.   Ab...

Can My California HOA Track My License Plate With Flock Cameras?

38 min

Your HOA installed Flock cameras (or some  other form of ALPR camera) in your HOA that photograph every car going in and out, log the plate, the date, and the time, and feed it all into a searchable database. Most homeowners assume it’s harmless security. In this episode, HOA attorney Michael Kushner, considered by many in the industry to be the #1 homeowner-side HOA attorney in California, breaks down what California law demands of any HOA running these Flock cameras, and how few of them actually follow it.  What You'll Learn in this Episode:  ✅ What your HOA is legally required to post before it can point a Flock camera at you. ✅ The one document have an absolute right to demand, and what to hunt for inside it. ✅ How a curious or vengeful director abusing the Flock data can end up personally on the hook. ✅ Why weaknesses in the current laws for people who abuse the technology by violating people’s privacy rights.  If your HOA is tracking your license plate, this episode arms you with what the law requires and where it falls short.  Helpful Links:  “Can My California HOA Track My License Plate With Flock Cameras?” https://mbkchapman.com/california-hoa-flock-cameras-license-plate-fact-sheet/  “Can I See My California HOA’s Records? A Homeowner’s Guide to Civil Code 5200” https://mbkchapman.com/california-hoa-records-request-fact-sheet/  “What Is the Business Judgment Rule in California HOAs?” https://mbkchapman.com/california-hoa-business-judgment-rule-fact-sheet/  🎧 📞 If you enjoyed this episode, please like and subscribe to HOA HELL. Listen on YouTube at @hoahellpodcastofficial or wherever you get your podcasts. To schedule a consultation, visit https://mbkchapman.com/ and mention the HOA HELL discount.  DISCLAIMER:   This content constitutes attorney advertising. The content of this podcast is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by listening to this podcast, submitting a qu...

How Much Can My California HOA Charge Me for Transfer Disclosure Documents?

1 min

In this HOA Q&A, California’s top homeowner-side HOA attorney, Michael Kushner, breaks down the fees California HOAs are permitted to charge sellers for HOA-related resale disclosure documents under the Davis-Stirling Act, including itemized document fees, prohibited bundling, electronic delivery charges, and what a seller must pay for when selling a home located within an HOA.  🎯 What You’ll Learn in This HOA Q&A: ✅ How California law limits what an HOA can charge a seller for transfer disclosure documents. ✅ Whether a California HOA can charge a seller a single lump sum for disclosure documents. ✅ What the law says about how those document fees have to be presented to a seller. ✅ The question every seller should ask before paying for documents they may already have.  Document fee disputes are becoming increasingly common as sellers discover that the lump sums bad HOAs and their management companies charge directly violate California law.  Helpful Links:  “Why Is My California HOA Charging So Much for Documents When I Sell?” https://mbkchapman.com/california-hoa-disclosure-fees-fact-sheet/ 🎧 📞 If you enjoyed this Q&A, please like and subscribe to HOA HELL. Listen on YouTube at @hoahellpodcastofficial or wherever you get your podcasts. To schedule a consultation, visit https://mbkchapman.com/ and mention the HOA HELL discount.  Disclaimer: This content constitutes attorney advertising. The content of this podcast is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by listening to this podcast, submitting a question, or receiving a response. Always consult with a licensed attorney regarding your specific legal situation. MBK Chapman and Michael Kushner disclaim any liability for actions taken or not taken based on the information provided in this podcast.   This communication does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.   About: Micha...

Can My California HOA Stop Me From Raising My Fence to Keep Out Coyotes?

31 min

While many questions we receive about HOAs have clean answers, the ones that end up in court rarely do. In this episode, HOA attorney Michael Kushner, California’s most experienced homeowner-side HOA attorney, and co-host Sam Khil, take opposite sides of a real jaw-dropping case out of the Nellie Gail HOA in Orange County. Coyotes cleared a family’s fence again and again, at all hours of the day and night, killing their goats one by one. When attempts to stop the attacks failed, the homeowner finally took the only action remaining to him: he chose to add a few feet of height to his fence. Only then did the carnage stop.   The HOA went after the homeowner for violating a perfectly enforceable rule (fence height), and despite trying to find a solution that would please the HOA and save this man’s goats, the HOA wouldn’t give in, and they sued the homeowner to force him to restore the fence to its original height.  Watch Kushner and Khil land on opposite sides of whether this homeowner can beat his HOA.   What You’ll Learn in this Episode:✅ Why a rule your HOA can absolutely enforce might still lose in court. ✅ How coyotes turned a compliant homeowner into a rule-breaker overnight. ✅ Why bright-line answers are rare once a real dispute reaches a judge. ✅ Why a rule can clear the reasonableness bar and still be the wrong call. ✅ Why the hardest HOA fights are the ones that need an expert in your corner.  If you’ve ever wondered how two expert HOA lawyers can pull apart a case they don’t agree on, this one puts you right inside that argument, and shows how even language that looks airtight, like the reasonableness requirement in Civil Code 4350, leaves real room for an expert HOA attorney to work.  Helpful Links:  “HOA Rules in California: Legal Authority and Rulemaking Limits” https://mbkchapman.com/california-hoa-rules-legal-authority-rulemaking-limits-fact-sheet/  “Can My California HOA Make My Kid (or Me) Wear a Helmet?” https://mbkchapman.com/california-hoa-hel...

Can My California HOA Ban My Kids From Playing in the Common Area?

2 min

In this HOA Q&A, California’s #1 homeowner-side HOA attorney, Michael Kushner, explains whether HOAs in California can ban kids from playing in the community’s common areas. One family got hit with a proposed rule that pushes their kids off every grass area in the neighborhood, leaving nothing but the private streets.   So is an HOA allowed to do that, and what happens when the only place left to play is the one place that’s actually more dangerous?  🎯 What You’ll Learn in This HOA Q&A:  ✅ The baseline right every owner and their kids have to use the common area. ✅ Where an HOA can legitimately limit play, and where it crosses the line. ✅ How a play ban can collide with fair housing protections for families.  For any California parent watching their board try to push their kids indoors, this is the one to watch.  Helpful Links:  “Can My California HOA Stop My Kids from Playing in the Common Areas?” https://mbkchapman.com/california-hoa-common-area-play-fact-sheet/  🎧 📞 If you enjoyed this Q&A, please like and subscribe to HOA HELL. Listen on YouTube at @hoahellpodcastofficial or wherever you get your podcasts. To schedule a consultation, visit https://mbkchapman.com/ and mention the HOA HELL discount.  Disclaimer: This content constitutes attorney advertising. The content of this podcast is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by listening to this podcast, submitting a question, or receiving a response. Always consult with a licensed attorney regarding your specific legal situation. MBK Chapman and Michael Kushner disclaim any liability for actions taken or not taken based on the information provided in this podcast.   This communication does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.   About: Michael Kushner created and taught the systems now used by the biggest law firms in the state focused on HOA litigation. Managing part...

Can My California HOA Make My Kid Wear a Helmet?

1 min

In this HOA Q&A, California’s most respected homeowner-side HOA attorney, Michael Kushner, explains whether a California HOA can require your child to wear a helmet on a bike or skateboard in the neighborhood. The answer hinges on a state law most parents have no idea is already on the books, and on exactly where your child rides. Kushner also addresses whether HOAs can require adults to wear helmets while in the common areas.  🎯 What You’ll Learn in This HOA Q&A:  ✅ The California law that already governs helmets for riders under 18. ✅ How an HOA’s power shifts between public streets and the common areas it controls. ✅ Whether an HOA helmet rule can reach adult riders, not just kids.  For any California parent who bristles at being told how to run their own household or raise their children, this is the one to watch.  Helpful Links:  “Can My California HOA Ban or Regulate E-Bikes and E-Scooters?” https://mbkchapman.com/hoa-e-bike-rules-fact-sheet/  🎧 📞 If you enjoyed this Q&A, please like and subscribe to HOA HELL. Listen on YouTube at @hoahellpodcastofficial or wherever you get your podcasts. To schedule a consultation, visit https://mbkchapman.com/ and mention the HOA HELL discount.  Disclaimer: This content constitutes attorney advertising. The content of this podcast is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by listening to this podcast, submitting a question, or receiving a response. Always consult with a licensed attorney regarding your specific legal situation. MBK Chapman and Michael Kushner disclaim any liability for actions taken or not taken based on the information provided in this podcast.   This communication does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.   About: Michael Kushner created and taught the systems now used by the biggest law firms in the state focused on HOA litigation. Managing partner of MBK Chapm...

Can My California HOA Make Me Take Down My American Flag?

28 min

Can your HOA tell you when, where, or whether you can fly the American flag on your own property? One San Diego County HOA just passed a policy trying to do exactly that, and Michael Kushner, California’s most recognized homeowner-side HOA attorney, calls it one of the clearest violations he has ever seen. In this Independence Day episode, Kushner breaks down Civil Code 4705 and 4710, the two Davis-Stirling statutes that decide whether your flag stays up, and shows you just how little power your HOA actually has over it.  What You'll Learn in today’s Episode:  ✅ The near-absolute right that protects your American flag. ✅ The one and only exception your HOA can ever invoke. ✅ The San Marcos HOA that went viral for its illegal flag policy. ✅ Why "offensive" and "divisive" are not lawful grounds to remove a flag. ✅ The hidden fee-shifting rule that makes HOAs regret this fight.  Whether you fly the Stars and Stripes, a team flag, or a flag for a cause, this episode shows you where your HOA's authority ends and your rights begin, from an HOA attorney who known statewide for representing homeowners, not HOA boards.   Helpful Links: "Can a California HOA Ban the American Flag? A San Diego Fight Goes National" https://mbkchapman.com/hoa-american-flag-fact-sheet/ “Can My California HOA Ban a Flag I’m Flying on My Property?” https://mbkchapman.com/hoa-flag-ban-fact-sheet/ inewsource.org https://inewsource.org/2026/06/29/san-marcos-hoa-american-flag-fine/ 🎧 📞 If you enjoyed this episode, please like and subscribe to HOA HELL. Listen on YouTube at @hoahellpodcastofficial or wherever you get your podcasts. To schedule a consultation, visit https://mbkchapman.com/ and mention the HOA HELL discount.  DISCLAIMER:   This content constitutes attorney advertising. The content of this podcast is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by listening to this podcast, submitting a question, or recei...

Can California Parents Be Charged When Their Kid Rides an E-Bike?

1 min

In this HOA Q&A, California’s leading homeowner-side HOA attorney, Michael Kushner, explains when California parents can be criminally charged because of their kid’s e-bike. Parents are getting prosecuted across the state right now for injuries, deaths, and damages caused by their kids’ illegal use of e-bikes or e-motorcycles, and a lot of them never saw it coming. Civil liability is always present. But criminal liability is now a reality, and the stakes get even higher if a crash, injury, or death is involved.  🎯 What You’ll Learn in This HOA Q&A:  ✅ The two ways a kid’s e-bike (or e-motorcycle) ride crosses the line into illegal. ✅ Why a true e-bike can still be against the law in your kid’s hands. ✅ How a parent’s exposure rises astronomically once an injury or death is involved.  For every California parent whose kid is out riding an e-bike right now, this is the one to watch before the next ride.  Helpful Links:  “Can My California HOA Ban or Regulate E-Bikes and E-Scooters?” https://mbkchapman.com/hoa-e-bike-rules-fact-sheet/  “Can My California HOA Ban or Fine Me for My Kid’s E-Bike or E-Scooter?” https://www.youtube.com/watch?v=lERHpBEl3gc  🎧 📞 If you enjoyed this Q&A, please like and subscribe to HOA HELL. Listen on YouTube at @hoahellpodcastofficial or wherever you get your podcasts. To schedule a consultation, visit https://mbkchapman.com/ and mention the HOA HELL discount.  Disclaimer: This content constitutes attorney advertising. The content of this podcast is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by listening to this podcast, submitting a question, or receiving a response. Always consult with a licensed attorney regarding your specific legal situation. MBK Chapman and Michael Kushner disclaim any liability for actions taken or not taken based on the information provided in this podcast.   This communication does not constitute a guarantee, warranty, or prediction...

Can My California HOA Ban Photos and Video at the Pool?

2 min

In this HOA Q&A, California's leading homeowner-side HOA attorney, Michael Kushner, explains whether a California HOA can restrict residents from taking photos and video at the community pool. Picture this: you're poolside with your kids and a stranger starts snapping photos and recording video. Does your HOA have the power to pass a rule against it? This episode answers that question.  🎯 What You'll Learn in This HOA Q&A: ✅ Whether an HOA can ban photos and videos at the community pool. ✅ How a pool rule differs from a homeowner's own security camera. ✅ Why children change the analysis at a community pool. ✅ Whether the rule changes when a parent photographs their own children.  This one matters for every California homeowner who has watched a stranger raise a phone at the community pool.  🎧 📞 If you enjoyed this Q&A, please like and subscribe to HOA HELL. Listen on YouTube at @hoahellpodcastofficial or wherever you get your podcasts. To schedule a consultation, visit https://mbkchapman.com/ and mention the HOA HELL discount.  Disclaimer: This content constitutes attorney advertising. The content of this podcast is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by listening to this podcast, submitting a question, or receiving a response. Always consult with a licensed attorney regarding your specific legal situation. MBK Chapman and Michael Kushner disclaim any liability for actions taken or not taken based on the information provided in this podcast. This communication does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.   About: Michael Kushner created and taught the systems now used by the biggest law firms in the state focused on HOA litigation. Managing partner of MBK Chapman, and author of the best-selling book, HOA HELL, Kushner teaches homeowners how to fight their bad HOAs and win. 💥 Amazon [https://tinyurl.com/tx47hmvn] | Barne...

Why Can't Anyone Get a Loan to Buy in My California HOA?

27 min

You finally found a buyer for your condo. Great credit, healthy down payment, deal practically done, and then the loan falls apart, and it has nothing to do with your buyer. It has everything to do with how Fannie Mae and Freddie Mac see your HOA. In this episode, attorney Michael Kushner, a pioneer in homeowner-side HOA law in California, breaks down the "Unavailable" and "Not Eligible" flags that can quietly make an entire community impossible to finance, why almost no one sees it coming, and whether a flagged HOA can dig its way back out.  What You'll Learn in this Episode:  ✅ What it means when Fannie Mae flags your HOA as "Unavailable." ✅ What it means when Freddie Mac flags your HOA as "Not Eligible." ✅ Why your buyer's perfect credit cannot save the deal (unless they’re paying in cash). ✅ What quietly drags down your value even if you’re not intending to sell. ✅ Whether a flagged HOA can ever get itself unflagged.  Whether you are selling now or just want to protect what your home is worth, this one matters, from an HOA attorney who represents homeowners, not boards.  Helpful Links:  “California Condo Declared “Unavailable” by Fannie Mae and How HOAs Can Fix the Problem” https://mbkchapman.com/california-condo-fannie-mae-unavailable-fact-sheet/  “Can My California HOA Ban Airbnb or Short-Term Rentals?” https://mbkchapman.com/california-hoa-ban-short-term-rentals-fact-sheet/  “Can My California HOA Stop Me from Renting Out My Home?” https://www.youtube.com/watch?v=npCDxP1_-jU&t=95s  🎧 📞 If you enjoyed this episode, please like and subscribe to HOA HELL. Listen on YouTube at @hoahellpodcastofficial or wherever you get your podcasts. To schedule a consultation, visit https://mbkchapman.com/ and mention the HOA HELL discount.  DISCLAIMER:   This content constitutes attorney advertising. The content of this podcast is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by listening to this...

California Condo Insurance: What Owners Face Under the FAIR Plan

2 min

In this HOA Q&A, HOA attorney Michael Kushner, the most well-known and respected homeowner-side HOA lawyer in California, addresses what condo owners can do when both their HOA’s master policy and their personal HO-6 coverage are non-renewed due to wildfire risk.  🎯 What You’ll Learn in This HOA Q&A: ✅ That you should start by checking whether your area was subject to a moratorium when your HO-6 policy got canceled. ✅ How the California FAIR Plan fits into the coverage gap left by private insurers. ✅ What steps condo owners must take to restore full protection after losing traditional coverage.  As more California condo owners lose access to traditional insurance, the path forward often involves navigating state protections, last-resort coverage, and supplemental policies to maintain full protection.  Helpful Links:  “Altadena & Palisades Fires: Why California FAIR Plan Insurance Isn’t Enough to Rebuild” https://mbkchapman.com/california-fair-plan-rebuild-cost-altadena-palisades-fact-sheet/  “California FAIR Plan 2026 & Altadena / Palisades Fires: Why Many HOA Owners Are Underinsured” https://www.youtube.com/watch?v=HRimEMyfams&t=2696s  🎧 📞 If you enjoyed this Q&A, please like and subscribe to HOA HELL. Listen on YouTube at @hoahellpodcastofficial or wherever you get your podcasts. To schedule a consultation, visit https://mbkchapman.com/ and mention the HOA HELL discount.  Disclaimer: This content constitutes attorney advertising. The content of this podcast is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by listening to this podcast, submitting a question, or receiving a response. Always consult with a licensed attorney regarding your specific legal situation. MBK Chapman and Michael Kushner disclaim any liability for actions taken or not taken based on the information provided in this podcast.   This communication does not constitute a guarantee, warranty, or prediction regarding th...

Can My California HOA Ban or Fine Me for My Kid's E-Bike or E-Scooter?

41 min

Your teenager wants an e-bike, or already has one, and you may have no idea that the law can put you on the hook, financially and even criminally, if they ride it illegally and someone gets hurt. One California parent is already facing felony charges. In this episode, attorney Michael Kushner, California’s most experienced homeowner-side HOA attorney, breaks down the e-bike, e-scooter, and e-motorcycle laws, the very real liability parents now carry, and what your HOA can require on top of all of it.  What You’ll Learn in today’s Episode:  ✅ The flat fine one HOA is charging that may be flatly illegal. ✅ When your kid’s “e-bike” is secretly a motorcycle. ✅ The California mother now facing felony charges because of her 14-year-old son’s e-motorcycle. ✅ The helmet violation that puts the ticket in your name too.   If your kid rides an e-bike or e-scooter, this is the episode that could save you a fine, a lawsuit, or far worse, from an HOA lawyer who fights exclusively for homeowners.  Helpful Links:  “Can My California HOA Ban or Regulate E-Bikes and E-Scooters?” https://mbkchapman.com/hoa-e-bike-rules-fact-sheet/  Orange County District Attorney’s Office charging mother of 14-year-old son who allegedly killed someone while riding an e-motorcycle with felony child endangerment and involuntary manslaughter. https://ocdistrictattorney.gov/press/aliso-viejo-mother-charged-with-felony-child-endangerment-after-vietnam-veteran-critically-injured-when-he-was-hit-by-womans-14-year-old-son-illegally-riding-an-e-motorcycle-16-times-more-po/ 🎧 📞 If you enjoyed this episode, please like and subscribe to HOA HELL. Listen on YouTube at @hoahellpodcastofficial or wherever you get your podcasts. To schedule a consultation, visit https://mbkchapman.com/ and mention the HOA HELL discount. DISCLAIMER:   This content constitutes attorney advertising. The content of this podcast is for general informational purposes only and does not constitute legal advice. No attorney-client relat...

California HOA Delays After Major Fires: New Disaster Law Limits HOA Roadblocks to Rebuilding

2 min

In this HOA Q&A, California’s leading homeowner-side HOA attorney, Michael Kushner, explains how California’s new SB 625 protects homeowners from HOA delay tactics, subjective architectural objections, and rebuilding interference after declared disasters like the Altadena, Eton, and Palisades fires.   🎯 What You’ll Learn in This HOA Q&A:  ✅ How SB 625 limits HOA interference with post-disaster rebuilding after the Altadena, Palisades, and Eton fires. ✅ What California’s new “110% Rule” allows homeowners to rebuild after a declared disaster. ✅ How SB 625’s strict 30-day and 45-day review deadlines restrict HOA delay tactics. California’s new SB 625 fundamentally changed how HOAs must handle homeowner reconstruction efforts after major fires and other declared disasters.  Important Links: https://www.youtube.com/watch?v=bYGqaX8dANU (“Can My California HOA Interfere with My Rebuilding After a Fire or Other Disaster?”) https://mbkchapman.com/can-my-california-hoa-block-rebuilding-after-palisades-fire-diaster-fact-sheet/ (“Can My California HOA Block Me from Rebuilding After the Palisades Fire or Other Disasters?”) https://mbkchapman.com/california-fair-plan-rebuild-cost-altadena-palisades-fact-sheet/ (“Altadena & Palisades Fires: Why California FAIR Plan Insurance Isn’t Enough to Rebuild”) 🎧 📞 If you enjoyed this Q&A, please like and subscribe to HOA HELL. Listen on YouTube at @hoahellpodcastofficial or wherever you get your podcasts. To schedule a consultation, visit https://mbkchapman.com/ and mention the HOA HELL discount.  Disclaimer: This content constitutes attorney advertising. The content of this podcast is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by listening to this podcast, submitting a question, or receiving a response. Always consult with a licensed attorney regarding your specific legal situation. MBK Chapman and Michael Kushner disclaim any liability for actions taken or...

Can My California HOA Make Me Pay for Balcony Repairs?

36 min

Your HOA just sent a letter demanding $50,000 per household for balcony repairs, with 90 days to pay. How did the bill get this big, is it even legal, and is there any way to make someone other than you foot it? In Part 2 of this series on California's Balcony Law (SB 326), attorney Michael Kushner, considered by many in the industry to be the #1 homeowner-side HOA attorney in California, follows the money from why these special assessments are so massive to whether you can fight back.  What You'll Learn in Today’s Episode:  ✅ Why these balcony assessments keep exploding into the tens of thousands of dollars. ✅ The "emergency" loophole bad HOAs use to skip your vote. ✅ The hidden trap that can make your home impossible to sell. ✅ Whether you can force your HOA’s insurance to pay instead of you. ✅ The legal shield a lot of HOAs hide behind, and when it shatters.  By the end of today’s episode, you’ll understand where your money is really going and what your options are when the bill is this big, straight from an HOA lawyer who exclusively represents homeowners, never HOA boards.   🎧 📞 If you enjoyed this episode, please like and subscribe to HOA HELL. Listen on YouTube at @hoahellpodcastofficial or wherever you get your podcasts. To schedule a consultation, visit https://mbkchapman.com/ and mention the HOA HELL discount.  🔗 Useful Links:  “California HOA Balcony Inspection Law: What SB 326 Requires” https://mbkchapman.com/california-balcony-law-sb-326-fact-sheet/”  “What Every California Homeowner Needs to Know About HOA Reserve Funds (Part 1)” https://www.youtube.com/watch?v=fnG9UAv9LbY&t=685s  “What Every California Homeowner Needs to Know About HOA Reserve Funds (Part 2)” https://www.youtube.com/watch?v=Fu5QGHAsDrY&t=1454s  “California HOA Special Assessments: What They Are, When They’re Legal, and How Homeowners Can Challenge Them” https://mbkchapman.com/california-hoa-special-assessments-fact-sheet/ “When Can a California HOA Raise Assessments Without a...

Fighting Your California HOA? Avoid These 5 Costly Mistakes

1 min

In this HOA Q&A, California's leading homeowner-side HOA attorney, Michael Kushner, explains the five biggest strategic mistakes California homeowners make when fighting their HOA, and why even a homeowner who is completely right can still lose.  Most homeowners who lose to a bad HOA don't lose on the facts or the law. They lose because of what they do in the early days of the fight, often without realizing the damage until it's too late to undo. The HOA's attorneys are counting on it.  🎯 What You'll Learn in This HOA Q&A: ✅ The instinctive first move that can quietly wreck an otherwise winning position. ✅ The habit that decides which side a judge or mediator believes. ✅ The mistake that hands the HOA's attorneys exactly what they want.  Get these five right, and you put yourself on the strongest possible footing before a manageable disagreement turns into an expensive one.  Useful Links:  “The 5 Biggest Mistakes Homeowners Make When Fighting Their California HOAs” https://mbkchapman.com/california-hoa-homeowner-mistakes-fact-sheet/ https://www.youtube.com/watch?v=7AqY9ereCRM  🎧 📞 If you enjoyed this Q&A, please like and subscribe to HOA HELL. Listen on YouTube at @hoahellpodcastofficial or wherever you get your podcasts. To schedule a consultation, visit https://mbkchapman.com/ and mention the HOA HELL discount.  Disclaimer: This content constitutes attorney advertising. The content of this podcast is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by listening to this podcast, submitting a question, or receiving a response. Always consult with a licensed attorney regarding your specific legal situation. MBK Chapman and Michael Kushner disclaim any liability for actions taken or not taken based on the information provided in this podcast.   This communication does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.   About: Michael Kushner crea...

Did My California HOA Miss the Balcony Inspection Deadline?

25 min

Has your HOA told you the balcony inspection deadline is January 1, 2026? If so, your board may have already broken the law, and you could be the one left paying for it. In this episode, the first in a two-part series, attorney Michael Kushner, California’s most experienced homeowner-side HOA attorney, breaks down California’s Balcony Law (SB 326) and shows homeowners how to find out today whether their HOA is in compliance or sitting on a dangerous and expensive problem.  What You’ll Learn in this Episode:  ✅ The balcony inspection deadline a lot of HOA boards get wrong.  ✅ Who is legally allowed to inspect your HOA’s balconies, and who is not.  ✅ The one document that reveals whether your HOA is compliant.  ✅ What inspectors are really looking for.  ✅ The self-proclaimed HOA expert whose “articles” got the Balcony Law so very wrong.  This episode gives California HOA members a practical way to understand SB 326, the difference between the laws governing HOAs and apartment-buildings, and the records homeowners should request before accepting the board’s word. For homeowners facing balcony repairs, special assessments, or uncertainty about compliance, this is a critical starting point.  Show Links:  “California HOA Balcony Inspection Law: What SB 326 Requires” https://mbkchapman.com/california-balcony-law-sb-326-fact-sheet/  “California HOA Balcony Law: Correcting Misinformation About SB 326” https://mbkchapman.com/misinformation-about-california-hoa-balcony-law-sb-326-fact-sheet/  “How Do I Write a 5200 Document Demand Letter to My California HOA?” https://mbkchapman.com/how-to-write-a-5200-demand-letter-california-fact-sheet/  “California HOA Executive Session Rules” https://mbkchapman.com/california-hoa-executive-session-fact-sheet/  🎧 📞 If you enjoyed this episode, please like and subscribe to HOA HELL. Listen on YouTube at @hoahellpodcastofficial or wherever you get your podcasts. To schedule a consultation, visit https://mbkchapman.com/ and mention the...

Can a Trust Appoint Who It Wants to Serve on a California HOA Board?

1 min

In this HOA Q&A, California’s top homeowner-side HOA attorney, Michael Kushner, breaks down a growing problem in California HOAs involving “trust-owned” homes, unrecorded deeds, HOA voting rights, and who legally qualifies to sit on an HOA board under the Davis-Stirling Act.  🎯 What You’ll Learn in This HOA Q&A:  ✅ How California law defines an HOA “member” for voting and board eligibility purposes. ✅ Why trusts, trustees, LLCs, and corporations are treated differently under California HOA law. ✅ How unrecorded “pocket deeds” are treated by the Davis-Stirling Act.  Board eligibility disputes inside California HOAs are becoming increasingly common, especially in communities where homeowners, managers, or directors misunderstand how ownership actually works under the Davis-Stirling Act.   Helpful Links:  “Who Counts as an Owner for California HOA Voting and Board Rights?” https://mbkchapman.com/california-hoa-who-qualifies-as-an-owner-fact-sheet/  🎧 📞 If you enjoyed this Q&A, please like and subscribe to HOA HELL. Listen on YouTube at @hoahellpodcastofficial or wherever you get your podcasts. To schedule a consultation, visit https://mbkchapman.com/ and mention the HOA HELL discount.  Disclaimer: This content constitutes attorney advertising. The content of this podcast is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by listening to this podcast, submitting a question, or receiving a response. Always consult with a licensed attorney regarding your specific legal situation. MBK Chapman and Michael Kushner disclaim any liability for actions taken or not taken based on the information provided in this podcast.   This communication does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.   About: Michael Kushner created and taught the systems now used by the biggest law firms in the state focused on HOA litigation. Managing partner of MBK Chapman,...

Do All California HOAs Have to Have an Inspector of Elections?

2 min

Some California HOA boards believe that if the association is small enough, the Davis-Stirling Act’s election rules do not apply to them. In this HOA Q&A, California’s most respected homeowner-side HOA attorney, Michael Kushner, sets the record straight on what Civil Code § 5110 requires, and size has nothing to do with it.  🎯 What You’ll Learn in This HOA Q&A: ✅ Whether small HOAs are exempt from the requirement to appoint inspectors of election. ✅ What responsibilities Civil Code § 5110 places on inspectors of elections. ✅ Who can and cannot serve as an inspector of elections.  Every California HOA owes its members a fair election, and size is no excuse for cutting corners.  Show Links:  “Is Your California HOA Inspector of Elections Truly Independent?” [https://mbkchapman.com/california-hoa-inspector-of-elections-fact-sheet/]  🎧 📞 If you enjoyed this Q&A, please like and subscribe to HOA HELL. Listen on YouTube at @hoahellpodcastofficial or wherever you get your podcasts. To schedule a consultation, visit https://mbkchapman.com/ and mention the HOA HELL discount.  Disclaimer: This content constitutes attorney advertising. The content of this podcast is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by listening to this podcast, submitting a question, or receiving a response. Always consult with a licensed attorney regarding your specific legal situation. MBK Chapman and Michael Kushner disclaim any liability for actions taken or not taken based on the information provided in this podcast.   This communication does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.   About: Michael Kushner created and taught the systems now used by the biggest law firms in the state focused on HOA litigation. Managing partner of MBK Chapman, and author of the best-selling book, HOA HELL, Kushner teaches homeowners how to fight their bad HOAs and win.   💥 Am...

The 5 Biggest Mistakes Homeowners Make When Fighting Their California HOAs

37 min

Most California HOA homeowners who lose valid disputes lose them not because the law was against them, but because of mistakes they made on their own. Attorney Michael Kushner, considered by many in the industry to be the #1 homeowner-side HOA attorney in California, has spent years watching homeowners damage their own cases before they ever contact an attorney. In this episode, he breaks down the five most destructive mistakes homeowners make in HOA disputes and why each one matters. What You’ll Learn in today’s episode: ✅ Why refusing to pay HOA assessments, even with a legitimate grievance, is the single most destructive mistake a California homeowner can make. ✅ Why verbal conversations with HOA managers and directors are worthless in a dispute, and the simple habit that protects your rights instead. ✅ Why the HOA advice flooding Facebook, Reddit, and AI chatbots is very often dangerously wrong, and how to spot the sources worth trusting. ✅ Why letting emotions drive your communications with the HOA hands the board a weapon to use against you. ✅ Why waiting too long to consult a homeowner-side HOA attorney costs you far more, in money and in rights, than getting help early. This episode delivers the practical, real-world guidance that has made attorney Michael Kushner a pioneer in homeowner-side HOA law in California. Show Links: “The 5 Biggest Mistakes Homeowners Make When Fighting Their California HOAs” [https://mbkchapman.com/california-hoa-homeowner-mistakes-fact-sheet/] “When Can You Recover Attorney Fees from Your California HOA? Key Laws Explained” [https://mbkchapman.com/california-hoa-attorney-fees-statutes-fact-sheet/] 🎧 📞 If you enjoyed this episode, please like and subscribe to HOA HELL. Listen on YouTube at @hoahellpodcastofficial or wherever you get your podcasts. To schedule a consultation, visit https://mbkchapman.com/ and mention the HOA HELL discount. DISCLAIMER:  This content constitutes attorney advertising. The content of thi...

Can You Personally Sue HOA Board Members in California?

1 min

In this HOA Q&A, California’s most respected homeowner-side HOA attorney, Michael Kushner, explains when California homeowners can sue HOA board members individually and when the HOA itself is the proper defendant.  🎯 What You’ll Learn in This HOA Q&A: ✅ The legal protections that normally shield HOA board members from personal liability. ✅ The specific types of conduct that can expose directors to individual liability. ✅ When claims should be directed at the HOA instead of individual board members.  California law generally protects volunteer HOA directors from personal liability, which means most lawsuits are properly brought against the HOA itself. But those protections have limits, which Kushner discusses in this HOA Q&A.  If you’d like to learn more about this topic, read my Fact Sheet, “Can I Sue My HOA Board Members Personally in California?” [https://mbkchapman.com/sue-hoa-board-members-california-fact-sheet/]  🎧 📞 If you enjoyed this Q&A, please like and subscribe to HOA HELL. Listen on YouTube at @hoahellpodcastofficial or wherever you get your podcasts. To schedule a consultation, visit https://mbkchapman.com/ and mention the HOA HELL discount.  Disclaimer: This content constitutes attorney advertising. The content of this podcast is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by listening to this podcast, submitting a question, or receiving a response. Always consult with a licensed attorney regarding your specific legal situation. MBK Chapman and Michael Kushner disclaim any liability for actions taken or not taken based on the information provided in this podcast. This communication does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.   About: Michael Kushner created and taught the systems now used by the biggest law firms in the state focused on HOA litigation. Managing partner of MBK Chapman, and author of the best-sellin...

Can a California HOA Convert Tennis Courts Into Pickleball Courts?

34 min

In this episode, California’s leading homeowner-side HOA attorney, Michael Kushner, takes on one of the hottest new HOA fights in California: HOA boards converting tennis courts into pickleball courts. This episode looks at when an HOA board can make that change without a membership vote (and when it can’t), and why noise, parking, lights, guests, and court placement can turn a pickleball conversion into a serious HOA dispute.  What You’ll Learn in today’s episode:  ✅ When HOAs can convert tennis courts into pickleball courts without membership approval.  ✅ The role that an HOA’s CC&Rs play in the board’s power to make the conversion. ✅ Why partial conversions and total eliminations raise different concerns. ✅ How pickleball noise and increased use affect the decision to make the conversion. ✅ How a good HOA usually goes about converting tennis courts to pickleball courts. ✅ What homeowners should do if they want to object to the conversion.  This episode gives California HOA homeowners a practical way to think through pickleball conversions without guessing, overreacting, or missing the governing-document issues that matter most.  🎧 📞 If you enjoyed this episode, please like and subscribe to HOA HELL. Listen on YouTube at @hoahellpodcastofficial or wherever you get your podcasts. To schedule a consultation, visit https://mbkchapman.com/ and mention the HOA HELL discount.  DISCLAIMER:   This content constitutes attorney advertising. The content of this podcast is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by listening to this podcast, submitting a question, or receiving a response. Always consult with a licensed attorney regarding your specific legal situation. MBK Chapman and Michael Kushner disclaim any liability for actions taken or not taken based on the information provided in this podcast. This communication does not constitute a guarantee, warranty, or prediction regarding t...

Can You Sue Your California HOA for Emotional Distress?

2 min

In this HOA Q&A, California’s leading homeowner-side HOA attorney, Michael Kushner, explains why emotional distress claims against California HOAs are extremely difficult to prosecute and what homeowners need to understand before pursuing such claims and damages.  🎯 What You’ll Learn in This HOA Q&A: ✅ The legal standard for emotional distress claims and why it’s difficult to meet it. ✅ The level of medical proof and expert testimony required to support these claims. ✅ The significant “hidden costs” involved in pursuing emotional distress damages.  Emotional distress claims in California HOA cases are governed by strict legal standards, very expensive to prove, and require a willingness to open up your medical history.   I urge listeners to read my comprehensive Fact Sheet on this subject, “Emotional Distress Claims in California HOAs: Why They Frequently Fail.” [https://mbkchapman.com/emotional-distress-claims-california-hoa-why-they-fail-fact-sheet/]  🎧 📞 If you enjoyed this Q&A, please like and subscribe to HOA HELL. Listen on YouTube at @hoahellpodcastofficial or wherever you get your podcasts. To schedule a consultation, visit https://mbkchapman.com/ and mention the HOA HELL discount.  Disclaimer: This content constitutes attorney advertising. The content of this podcast is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by listening to this podcast, submitting a question, or receiving a response. Always consult with a licensed attorney regarding your specific legal situation. MBK Chapman and Michael Kushner disclaim any liability for actions taken or not taken based on the information provided in this podcast.  This communication does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.   About: Michael Kushner created and taught the systems now used by the biggest law firms in the state focused on HOA litigation. Managing partner of MBK Ch...

Can Your California HOA Convert Tennis Courts Into Pickleball Courts Without a Vote?

1 min

In this HOA Q&A, California’s leading homeowner-side HOA attorney, Michael Kushner, explains whether California HOA boards can convert tennis courts into pickleball courts without obtaining approval from the membership.  🎯 What You’ll Learn in This HOA Q&A: ✅ Whether HOA boards have authority to change how common areas are used. ✅ The role an HOA’s governing documents play in those decisions. ✅ The role the Business Judgment Rule plays in those decisions.  Pickleball-related disputes are becoming increasingly common in California HOAs. As part of that trend, we’re seeing a lot more instances of HOA boards unilaterally converting tennis courts to pickleball courts. Today’s episode focuses on that issue and the HOA’s authority to act unilaterally.   🎧 📞 If you enjoyed this Q&A, please like and subscribe to HOA HELL. Listen on YouTube at @hoahellpodcastofficial or wherever you get your podcasts. To schedule a consultation, visit https://mbkchapman.com/ and mention the HOA HELL discount.  Disclaimer: This content constitutes attorney advertising. The content of this podcast is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by listening to this podcast, submitting a question, or receiving a response. Always consult with a licensed attorney regarding your specific legal situation. MBK Chapman and Michael Kushner disclaim any liability for actions taken or not taken based on the information provided in this podcast. This communication does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.   About: Michael Kushner created and taught the systems now used by the biggest law firms in the state focused on HOA litigation. Managing partner of MBK Chapman, and author of the best-selling book, HOA HELL, Kushner teaches homeowners how to fight their bad HOAs and win. 💥 Amazon [https://tinyurl.com/tx47hmvn] | Barnes & Noble [https://www.barnesandnoble.com/s/h...

Home Insurance Non-Renewed After Fires: What Are Your Options?

2 min

In this HOA Q&A, California’s leading homeowner-side HOA attorney, Michael Kushner, addresses what happens when your home insurance is not renewed due to wildfire risk and why more homeowners are being pushed into California’s FAIR Plan.  🎯 What You’ll Learn in This HOA Q&A: ✅ What the California FAIR Plan is and when homeowners are forced to rely on it. ✅ How FAIR Plan coverage differs from a traditional homeowners policy. ✅ Why a gap can exist between insurance coverage and real-world rebuilding costs.  As more homeowners are forced out of the private insurance market and into last-resort coverage, the real issue is not just access to insurance, but whether that coverage aligns with the financial reality of rebuilding after a catastrophic fire loss, like those suffered by homeowners who lost everything in 2025’s Altadena, Eton, and Palisades fires.  Helpful Links:  “Altadena & Palisades Fires: Why California FAIR Plan Insurance Isn’t Enough to Rebuild” [https://mbkchapman.com/california-fair-plan-rebuild-cost-altadena-palisades-fact-sheet/]  “California FAIR Plan 2026 & Altadena / Palisades Fires: Why Many HOA Owners Are Underinsured” [https://www.youtube.com/watch?v=HRimEMyfams&t=2696s]  🎧 📞 If you enjoyed this Q&A, please like and subscribe to HOA HELL. Listen on YouTube at @hoahellpodcastofficial or wherever you get your podcasts. To schedule a consultation, visit https://mbkchapman.com/ and mention the HOA HELL discount.  Disclaimer: This content constitutes attorney advertising. The content of this podcast is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by listening to this podcast, submitting a question, or receiving a response. Always consult with a licensed attorney regarding your specific legal situation. MBK Chapman and Michael Kushner disclaim any liability for actions taken or not taken based on the information provided in this podcast.   This communication does not const...

Can My HOA Make That Rule? California HOA Rule Limits Explained

33 min

In this episode of HOA HELL, California’s foremost expert and homeowner-side HOA attorney, Michael Kushner, breaks down one of the most important parts of HOA life in California: HOA rules and regulations. From parking restrictions and architectural guidelines, to pet rules, election rules, and emergency rulemaking, this episode explains where HOA rulemaking authority comes from, what limits apply to that authority, and when HOA boards cross the line.   What You’ll Learn in today’s Episode: ✅ Why most California HOAs have broad rulemaking authority. ✅ How some HOA boards sometimes try to use rules to bypass the CC&R amendment process. ✅ What procedural steps HOAs must follow before a new rule becomes enforceable. ✅ How homeowners can force a membership vote to overturn newly adopted HOA rules. ✅ What happens to rules that violate a law or a higher governing document.  If your HOA keeps passing new rules, changing restrictions, or claiming it can regulate every aspect of your life, this episode will help you understand when those rules are enforceable and when they’re not.  🎧 📞 If you enjoyed this episode, please like and subscribe to HOA HELL. Listen on YouTube at @hoahellpodcastofficial or wherever you get your podcasts. To schedule a consultation, visit https://mbkchapman.com/ and mention the HOA HELL discount.  DISCLAIMER:   This content constitutes attorney advertising. The content of this podcast is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by listening to this podcast, submitting a question, or receiving a response. Always consult with a licensed attorney regarding your specific legal situation. MBK Chapman and Michael Kushner disclaim any liability for actions taken or not taken based on the information provided in this podcast. This communication does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.  ABOUT:    Michael Kushner c...

Can a California HOA Deny Solar Panels on a Condo Roof?

1 min

In this HOA Q&A, California’s leading homeowner-side HOA attorney, Michael Kushner, addresses the question of whether an HOA can block a condominium owner from installing solar panels on the common area roof based on concerns like potential water intrusion.  🎯 What You’ll Learn in This HOA Q&A: ✅ Whether condo owners have the right to install solar panels on a portion of the common area roof. ✅ What types of conditions HOAs are allowed to impose on condo owners who want to install solar panels. ✅ Whether your HOA can rely on “water leakage risk” to deny your solar panel installation.  California law gives condominium owners meaningful rights when it comes to installing solar panels, even on a common area roof, and while HOAs may impose some conditions on such installations, they may not prevent homeowner from using a portion of the condominium’s roof to install solar panels.   If you’d like to learn more about your rights to install panels on your “part” of your condominium roof, check out my Fact Sheet “Can a California HOA Deny Solar Panels on a Condo Roof?” [https://mbkchapman.com/can-california-hoa-deny-solar-panels-on-a-condo-roof-fact-sheet/]  🎧 📞 If you enjoyed this Q&A, please like and subscribe to HOA HELL. Listen on YouTube at @hoahellpodcastofficial or wherever you get your podcasts. To schedule a consultation, visit https://mbkchapman.com/ and mention the HOA HELL discount.  Disclaimer: This content constitutes attorney advertising. The content of this podcast is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by listening to this podcast, submitting a question, or receiving a response. Always consult with a licensed attorney regarding your specific legal situation. MBK Chapman and Michael Kushner disclaim any liability for actions taken or not taken based on the information provided in this podcast. This communication does not constitute a guarantee, warranty, or prediction r...

How Do I Sue My HOA in California? Step-by-Step Instructions

58 min

California homeowners dealing with abusive HOA board members, selective enforcement, architectural disputes, financial mismanagement, or ignored maintenance and repairs of the common areas often ask what it takes to sue their HOAs. In this episode, California’s leading homeowner-side HOA attorney, Michael Kushner, walks through the steps involved in suing a California HOA, including the issues you need to understand before you file.  What You’ll Learn in this Episode:  ✅ How homeowners should think about the litigation process before taking action.  ✅ How to identify the right party to sue and when board members may be personally named.  ✅ How your choice of legal claims can radically alter the outcome of your lawsuit.  ✅ How attorneys’ fees statutes (i.e., fee-shifting laws) come into play in forming your legal strategy.  If you’re thinking about suing your HOA, this episode gives you a practical, step-by-step roadmap of how to do it the right way.   🎧 📞 If you enjoyed this episode, please like and subscribe to HOA HELL. Listen on YouTube at @hoahellpodcastofficial or wherever you get your podcasts. To schedule a consultation, visit https://mbkchapman.com/ and mention the HOA HELL discount.  DISCLAIMER: This content constitutes attorney advertising. The content of this podcast is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by listening to this podcast, submitting a question, or receiving a response. Always consult with a licensed attorney regarding your specific legal situation. MBK Chapman and Michael Kushner disclaim any liability for actions taken or not taken based on the information provided in this podcast. This communication does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.  ABOUT: Michael Kushner created and taught the systems now used by the biggest law firms in the state focused on HOA litigation. Managing partner of MBK Ch...

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