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HOA HELL episodes
- Can My HOA Require Me to Replace My Lawn With Drought-Resistant Landscaping?
Your HOA says you have to tear out your grass and install drought-resistant landscaping, but is that legal? In this HOA Q&A, attorney Michael Kushner explains what California law actually says, and why your board may be overstepping if they try to force the change.
🎯 What You’ll Learn in This HOA Q&A:
✅ What Civil Code § 4735 says.
✅ Why boards can’t require turf removal unless the governing documents authorize it.
✅ How cost can factor into whether a rule is legally “reasonable.”
✅ Why prior approval of your landscaping matters.
Michael breaks down the difference between protecting drought-tolerant options and mandating expensive conversions, and when your HOA may be crossing the line.
🔔 Subscribe for more HOA Q&As to help you hold your HOAs accountable.
🎧 Listen to my full-length HOA HELL podcasts on YouTube @hoahellpodcastofficial, or wherever you listen to your podcasts.
🌐 📞Want to talk to an attorney at MBK Chapman? Contact us at www.mbkchapman.com. Mention the HOA HELL podcast for a discounted consultation.
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 is the attorney who pioneered this niche area of the law—representing homeowners in disputes with their HOAs—in California. He created and taught the systems now used by the biggest law firms in the state focused on HOA litigation. Through his firm, MBK Chapman, and now through HOA HELL, Kushner continues to give homeowners practical legal tools to fight back.
#MichaelKushner #MBKChapman #HOALaw #CaliforniaHOA #BadHOA #LSCarlsonLaw #HOALandscaping #DroughtResistant #CivilCode4735 #HOARules
🔥 HOA Hell
Attorney Michael Kushner, California’s #1 homeowner-side HOA lawyer, shares real legal tools to help homeowners fight back and win against Bad HOAs.👉 Got an HOA nightmare? Submit your question at [email protected]. Or learn more about your rights as a homeowner by visiting: https://www.mbkchapman.com/fact-sheets.
📲 Follow us on:
Instagram: @mbkchapmanpc
YouTube: HOA Hell
LinkedIn: https://www.linkedin.com/company/mbk-chapman
Facebook: https://www.facebook.com/MBKChapman
X: https://x.com/MBKchapman
Reddit: https://www.reddit.com/r/hoa_hell/3 min - HOA Parking Rules EXPLAINED: Fines, Towing, and Your Legal Rights
In this episode of HOA HELL, attorney Michael Kushner takes on one of the most common and most infuriating HOA disputes in California: parking enforcement.
From surveillance-fueled fines to predatory towing, HOAs across the state are abusing their power. This episode breaks down exactly what HOAs are allowed to do, what they’re not, and what you can do when your board crosses the line.
NOTE TO LISTENER: THIS EPISODE WAS FILMED BEFORE AB 130’S LIMIT ON HOA FINES WENT INTO EFFECT. AS OF NOW, CALIFORNIA LAW LIMITS HOA FINES TO $100 REGARDLESS OF THE OFFENSE UNLESS THE HEALTH AND SAFETY OF OTHERS IS AT ISSUE.
🎯 What You’ll Learn in This Episode:
✅ What kinds of HOA parking rules are actually enforceable in California.
✅ How some boards use surveillance and selective enforcement to trap homeowners.
✅ What your rights are before your car can be fined or towed.
✅ Why public vs. private street status makes all the difference.
✅ How to push back against unclear rules or power-tripping board members.
This episode delivers practical tools and legal strategies to hold your HOA accountable when the fines get outrageous and the towing gets out of control.
📘If you want to read an article about this subject on the MBK CHAPMAN website, go this URL: https://mbkchapman.com/blog/hoa-parking-regulations/.
🔔 Subscribe for more powerful legal tools to hold your HOA accountable.
🎧 Watch or listen to my full-length HOA HELL podcasts on YouTube @hoahellpodcastofficial, or wherever you listen to your podcasts.
🌐 📞 Want to talk to an attorney at MBK Chapman? Contact us at www.mbkchapman.com. Mention the HOA HELL podcast for a discounted consultation.
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 is the attorney who pioneered this niche area of the law—representing homeowners in disputes with their HOAs—in California. He created and taught the systems now used by the biggest law firms in the state focused on HOA litigation. Through his firm, MBK Chapman, and now through HOA HELL, Kushner continues to give homeowners practical legal tools to fight back.
#HOAParking #CaliforniaHOA #ParkingRules #MichaelKushner #MBKChapman #LSCarlsonLaw #LukeCarlson #BadHOA #DavisStirlingAct
🔥 HOA Hell
Attorney Michael Kushner, California’s #1 homeowner-side HOA lawyer, shares real legal tools to help homeowners fight back and win against Bad HOAs.👉 Got an HOA nightmare? Submit your question at [email protected]. Or learn more about your rights as a homeowner by visiting: https://www.mbkchapman.com/fact-sheets.
📲 Follow us on:
Instagram: @mbkchapmanpc
YouTube: HOA Hell
LinkedIn: https://www.linkedin.com/company/mbk-chapman
Facebook: https://www.facebook.com/MBKChapman
X: https://x.com/MBKchapman
Reddit: https://www.reddit.com/r/hoa_hell/29 min - What Can an HOA Board Discuss in Executive Session in California?
HOA board holding closed-door meetings—but not telling you why?
Under California law, HOA boards are only allowed to discuss five specific topics in executive session. Anything else must be done in public.
In this 1-Minute Attorney Tip, California HOA attorney Michael Kushner explains exactly what Civil Code § 4935 permits—and how boards routinely violate it.
🎯 What You’ll Learn in This 1-Minute Tip:
✅ The five topics an HOA board can legally discuss in executive session.
✅ Why topics like “potential liability,” budgets, landscaping, or general liability must be discussed in open session.
✅ What your board must generally disclose in the next open meeting if action is taken in executive session.
If your board is hiding decisions or talking about things they shouldn’t behind closed doors—this Tip shows you how to call them out legally.
🎧 Listen to my full-length HOA HELL podcasts on YouTube @hoahellpodcastofficial, or wherever you listen to your podcasts.
🌐 📞Want to talk to an attorney at MBK Chapman? Contact us at www.mbkchapman.com. Mention the HOA HELL podcast for a discounted consultation.
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 is the attorney who pioneered this niche area of the law—representing homeowners in disputes with their HOAs—in California. He created and taught the systems now used by the biggest law firms in the state focused on HOA litigation. Through his firm, MBK Chapman, and now through HOA HELL, Kushner continues to give homeowners practical legal tools to fight back.
#HOAExecutiveSession #CaliforniaHOALaw #OpenMeetingAct #MichaelKushner #MBKChapman #BadHOA #LSCarlsonLaw #LukeCarlson #DavisStirlingAct
🔥 HOA Hell
Attorney Michael Kushner, California’s #1 homeowner-side HOA lawyer, shares real legal tools to help homeowners fight back and win against Bad HOAs.👉 Got an HOA nightmare? Submit your question at [email protected]. Or learn more about your rights as a homeowner by visiting: https://www.mbkchapman.com/fact-sheets.
📲 Follow us on:
Instagram: @mbkchapmanpc
YouTube: HOA Hell
LinkedIn: https://www.linkedin.com/company/mbk-chapman
Facebook: https://www.facebook.com/MBKChapman
X: https://x.com/MBKchapman
Reddit: https://www.reddit.com/r/hoa_hell/3 min - HOA Drought Landscaping Rules: What California HOAs Can and Can’t Enforce
Can your HOA force you to tear out your grass, install decomposed granite, or replace your flowers with cactus? Or can they fine you for not complying with state drought mandates or for letting your grass die?
In this episode of HOA HELL, attorney Michael Kushner breaks down California Civil Code section 4735 and what it actually says about drought-tolerant landscaping and what your HOA can and can’t do about it.
Whether your HOA is trying to mandate artificial turf or deny you the right to conserve water, this episode gives California homeowners the clarity they need to push back.
🎯 What You’ll Learn in This Episode:
✅ The legal protections California homeowners have under Civil Code § 4735.
✅ Why HOAs cannot ban drought-tolerant landscaping based on aesthetics.
✅ When a board can (and can’t) require water-saving changes to your property.
✅ The legal difference between reasonable enforcement and overreach.
✅ How to respond when your HOA fines you for dead grass or for watering to avoid dead grass.
✅ What to do if your HOA tries to act like the “water police.”
This isn’t about whether you support drought-conscious practices. It’s about whether your HOA has the legal authority to force them on you or punish you for following a gov’t conservation mandate.
🔔 Subscribe for more full-length episodes and shorts to help you fight back against abusive HOA practices.
🎧 Listen on YouTube @hoahellpodcastofficial or wherever you get your podcasts.
🌐 📞Need help? Contact MBK Chapman at www.mbkchapman.com. Mention the HOA HELL podcast for a discounted consultation.
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 is the attorney who pioneered this niche area of the law—representing homeowners in disputes with their HOAs—in California. He created and taught the systems now used by the biggest law firms in the state focused on HOA litigation. Through his firm, MBK Chapman, and now through HOA HELL, Kushner continues to give homeowners practical legal tools to fight back.
#HOALaw #CaliforniaHOA #BadHOA #DroughtTolerantLandscaping #CivilCode4735 #ArtificialTurf #HOAAbuse #WaterRestrictions #LSCarlsonLaw #DavisStirlingAct
🔥 HOA Hell
Attorney Michael Kushner, California’s #1 homeowner-side HOA lawyer, shares real legal tools to help homeowners fight back and win against Bad HOAs.👉 Got an HOA nightmare? Submit your question at [email protected]. Or learn more about your rights as a homeowner by visiting: https://www.mbkchapman.com/fact-sheets.
📲 Follow us on:
Instagram: @mbkchapmanpc
YouTube: HOA Hell
LinkedIn: https://www.linkedin.com/company/mbk-chapman
Facebook: https://www.facebook.com/MBKChapman
X: https://x.com/MBKchapman
Reddit: https://www.reddit.com/r/hoa_hell/37 min - Do Condo Owners Have to Make Fire Zone Disclosures in California?
In this episode of HOA HELL, attorney Michael Kushner exposes a dangerous gap in California law that affects nearly every condo owner trying to sell in a high fire hazard zone. California Civil Code section 1102.19 requires specific fire-related disclosures when selling property in high-risk areas. The problem with that is that the law fails to account for the unique position of condo owners, who often don’t own or control the roof, walls, or landscaping.
This mismatch between legal duty and actual authority puts condo sellers at risk for lawsuits, cancelled escrows, and potentially massive liability. Kushner breaks down the statute, explains what must be disclosed, and gives condo owners a step-by-step plan to protect themselves—especially when their HOAs won’t cooperate.
🎯 What You’ll Learn in This Episode:
✅ Why Civil Code section 1102.19 puts condo owners in a legal trap when selling in fire-prone areas.
✅ The three disclosures you must make, and why most condo owners can’t actually verify any of them on their own.
✅ How to request critical information from your HOA before listing your unit.
✅ What to write if your HOA won’t respond, so you don’t leave a disclosure blank.
✅ What happens if your deal falls apart or if a buyer sues you after the sale.
This episode gives condo owners a clear legal roadmap for complying with disclosure laws and minimizing risk during a sale in a high fire hazard zone.
🔔 Subscribe for more full-length episodes and shorts to help you fight back against abusive HOA practices.
🎧 Listen on YouTube @hoahellpodcastofficial or wherever you get your podcasts.
🌐 📞Need help? Contact MBK Chapman at www.mbkchapman.com. Mention the HOA HELL podcast for a discounted consultation.
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 is the attorney who pioneered this niche area of the law—representing homeowners in disputes with their HOAs—in California. He created and taught the systems now used by the biggest law firms in the state focused on HOA litigation. Through his firm, MBK Chapman, and now through HOA HELL, Kushner continues to give homeowners practical legal tools to fight back.
#MBKChapman #HOALaw #CaliforniaHOA #BadHOA #LSCarlsonLaw #FireZoneDisclosure #HOASellerLiability #FailuretoDisclose #DavisStirlingAct
🔥 HOA Hell
Attorney Michael Kushner, California’s #1 homeowner-side HOA lawyer, shares real legal tools to help homeowners fight back and win against Bad HOAs.👉 Got an HOA nightmare? Submit your question at [email protected]. Or learn more about your rights as a homeowner by visiting: https://www.mbkchapman.com/fact-sheets.
📲 Follow us on:
Instagram: @mbkchapmanpc
YouTube: HOA Hell
LinkedIn: https://www.linkedin.com/company/mbk-chapman
Facebook: https://www.facebook.com/MBKChapman
X: https://x.com/MBKchapman
Reddit: https://www.reddit.com/r/hoa_hell/38 min - HOA Delaying Your Home Sale? You Can Do Something About It
Escrow is moving fast and suddenly your HOA won’t release the resale disclosures, inspection reports, or demand statement. You did everything right, but now your deal is falling apart, and the HOA’s silence is threatening to put you at financial risk.
In this 1-Minute Attorney Tip, California HOA attorney Michael Kushner explains how sellers can enforce their rights when an HOA refuses to cooperate during escrow and why Civil Code section 5200 gives you the power to demand the documents your HOA is required to produce.
🎯 What You’ll Learn in This 1-Minute Tip:
✅ What to do when your HOA stalls escrow by withholding disclosure-related documents.
✅ Why the seller, not the HOA, is legally responsible for disclosures.
✅ How Civil Code section 5200 gives you the right to demand cooperation.
✅ When an HOA might be liable for the financial fallout of a failed sale.
Don’t let your HOA sabotage your closing. Use the law to protect your deal.
🔔 Subscribe for more powerful legal tools to hold your HOA accountable.
🎧 Listen to my full-length HOA HELL podcasts on YouTube @hoahellpodcastofficial, or wherever you listen to your podcasts.
🌐 📞Want to talk to an attorney at MBK Chapman? Contact us at www.mbkchapman.com. Mention the HOA HELL podcast for a discounted consultation.
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 is the attorney who pioneered this niche area of the law—representing homeowners in disputes with their HOAs—in California. He created and taught the systems now used by the biggest law firms in the state focused on HOA litigation. Through his firm, MBK Chapman, and now through HOA HELL, Kushner continues to give homeowners practical legal tools to fight back.
#HOADocumentDelay #HOAResaleDisclosures #CaliforniaHOALaw #MBKChapman #BadHOA #DavisStirlingAct #LSCarlsonLaw #LukeCarlson
🔥 HOA Hell
Attorney Michael Kushner, California’s #1 homeowner-side HOA lawyer, shares real legal tools to help homeowners fight back and win against Bad HOAs.👉 Got an HOA nightmare? Submit your question at [email protected]. Or learn more about your rights as a homeowner by visiting: https://www.mbkchapman.com/fact-sheets.
📲 Follow us on:
Instagram: @mbkchapmanpc
YouTube: HOA Hell
LinkedIn: https://www.linkedin.com/company/mbk-chapman
Facebook: https://www.facebook.com/MBKChapman
X: https://x.com/MBKchapman
Reddit: https://www.reddit.com/r/hoa_hell/2 min - Will My HOA’s Insurance Cover Damage Inside My Condo?
If a pipe bursts or water leaks into your unit, will your HOA’s insurance cover the damage? In this HOA Q&A, attorney Michael Kushner tackles that question.
🎯 What You’ll Learn in This HOA Q&A:
✅ What HOA master insurance policies typically cover and what they don’t.
✅ Why drywall, flooring, cabinets, and personal property are usually excluded from HOA policies.
✅ What an HO-6 condo policy is, and why every condo owner should consider getting one.
✅ When HOA negligence could make them liable for the damage inside your unit.
🔔 Subscribe for more HOA Q&As to help you hold your HOAs accountable.
🌐 📞Want to talk to an attorney at MBK Chapman? Contact us at www.mbkchapman.com. Mention the HOA HELL podcast for a discounted consultation.
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 is the attorney who pioneered this niche area of the law—representing homeowners in disputes with their HOAs—in California. He created and taught the systems now used by the biggest law firms in the state focused on HOA litigation. Through his firm, MBK Chapman, and now through HOA HELL, Kushner continues to give homeowners practical legal tools to fight back.
#MichaelKushner #MBKChapman #HOALaw #CaliforniaHOA #CondoInsurance #HO6Policy #HOAInsurance #InteriorDamage #BadHOA #LSCarlsonLaw
🔥 HOA Hell
Attorney Michael Kushner, California’s #1 homeowner-side HOA lawyer, shares real legal tools to help homeowners fight back and win against Bad HOAs.👉 Got an HOA nightmare? Submit your question at [email protected]. Or learn more about your rights as a homeowner by visiting: https://www.mbkchapman.com/fact-sheets.
📲 Follow us on:
Instagram: @mbkchapmanpc
YouTube: HOA Hell
LinkedIn: https://www.linkedin.com/company/mbk-chapman
Facebook: https://www.facebook.com/MBKChapman
X: https://x.com/MBKchapman
Reddit: https://www.reddit.com/r/hoa_hell/2 min - What Every California Homeowner Needs to Know About HOA Reserve Funds (Part 2-Conclusion)
In this episode, Michael Kushner concludes this 2-part series by exposing how some boards don’t just underfund reserves, they engage in actual fraud. In this episode, Kushner exposes the deceptive tactics bad HOAs use to manipulate reserve studies, inflate their “percent funded” numbers, and avoid disclosing the true financial condition of their HOAs. From delisting major components and tampering with useful life calculations, to simply skipping reserve contributions altogether, Kushner walks you through how these schemes work, and how to recognize them.
You’ll also learn what kinds of financial red flags to watch for in your HOA’s disclosures, how to compare reserve summaries and full reserve studies, and what legal obligations your board has to maintain and report truthfully on your common areas.
🎯 What You’ll Learn in This Episode:
✅ Why special assessments are often the direct result of underfunded reserves.
✅ How some boards cheat by delisting assets, fudging useful life, or skipping reserve contributions.
✅ What Civil Code section 5600 requires your board to do, and what it looks like when they don’t.
✅ How to compare multiple reserve studies and summary disclosures for red flags.
✅ Why low percent funded ratios can damage property values, trigger lawsuits, and ruin resale opportunities.
✅ What to do if your HOA refuses to disclose, or manipulates, its reserve data.
This episode gives you a step-by-step breakdown of how to spot reserve fraud and protect your property value before it’s too late.
🔔 Subscribe for more full-length episodes and shorts to help you fight back against abusive HOA practices.
🎧 Listen on YouTube @hoahellpodcastofficial or wherever you get your podcasts.
🌐 📞Need help? Contact MBK Chapman at www.mbkchapman.com. Mention the HOA HELL podcast for a discounted consultation.
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 is the attorney who pioneered this niche area of the law—representing homeowners in disputes with their HOAs—in California. He created and taught the systems now used by the biggest law firms in the state focused on HOA litigation. Through his firm, MBK Chapman, and now through HOA HELL, Kushner continues to give homeowners practical legal tools to fight back.
#MichaelKushner #MBKChapman #HOALaw #CaliforniaHOA #BadHOA #LSCarlsonLaw #HOAReserves #ReserveStudyFraud #DavisStirlingAct
🔥 HOA Hell
Attorney Michael Kushner, California’s #1 homeowner-side HOA lawyer, shares real legal tools to help homeowners fight back and win against Bad HOAs.👉 Got an HOA nightmare? Submit your question at [email protected]. Or learn more about your rights as a homeowner by visiting: https://www.mbkchapman.com/fact-sheets.
📲 Follow us on:
Instagram: @mbkchapmanpc
YouTube: HOA Hell
LinkedIn: https://www.linkedin.com/company/mbk-chapman
Facebook: https://www.facebook.com/MBKChapman
X: https://x.com/MBKchapman
Reddit: https://www.reddit.com/r/hoa_hell/43 min - What Every California Homeowner Needs to Know About HOA Reserve Funds (Part 1)
Most homeowners know their HOA is supposed to set aside money for future repairs, but few understand how those funds are calculated, what they’re actually for, or what the “percent funded” number on their annual budget summary really means. In this episode of HOA HELL, which is Part 1 of 2, attorney Michael Kushner walks you through the core elements of a reserve fund and reserve study, explains how they’re structured under California law, and breaks down exactly what your reserve study should be telling you.
From “Useful Life” and “Remaining Life” to “Current Replacement Cost,” Kushner explains how to spot red flags in your reserve disclosures and why underfunding can be a sign of serious financial mismanagement—or even fraud.
🎯 What You’ll Learn in This Episode:
✅ What Civil Code sections 5550, 5560, and 5600 require HOAs to include in reserve studies and budget disclosures.
✅ Why “percent funded” is the most important number in your reserve summary—and how to interpret it.
✅ What “Useful Life,” “Remaining Life,” and “Current Replacement Cost” actually mean in plain English.
✅ How to use reserve fund numbers to assess whether your HOA is financially healthy or headed for special assessments.
✅ What range of funding levels Kushner considers acceptable—and why anything in the 50% range (or lower) should scare buyers off.
If you’ve ever ignored your HOA’s reserve disclosures or wondered how boards calculate future repairs, this episode gives you the tools to read between the lines and see what your HOA is really telling you.
🔔 Subscribe for more full-length episodes and shorts to help you fight back against abusive HOA practices.
🌐 📞Need help? Contact MBK Chapman at www.mbkchapman.com. Mention the HOA HELL podcast for a discounted consultation.
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 is the attorney who pioneered this niche area of the law—representing homeowners in disputes with their HOAs—in California. He created and taught the systems now used by the biggest law firms in the state focused on HOA litigation. Through his firm, MBK Chapman, and now through HOA HELL, Kushner continues to give homeowners practical legal tools to fight back.
#MichaelKushner #MBKChapman #HOALaw #CaliforniaHOA #BadHOA #LSCarlsonLaw #HOAReserves #ReserveStudies #DavisStirlingAct
🔥 HOA Hell
Attorney Michael Kushner, California’s #1 homeowner-side HOA lawyer, shares real legal tools to help homeowners fight back and win against Bad HOAs.👉 Got an HOA nightmare? Submit your question at [email protected]. Or learn more about your rights as a homeowner by visiting: https://www.mbkchapman.com/fact-sheets.
📲 Follow us on:
Instagram: @mbkchapmanpc
YouTube: HOA Hell
LinkedIn: https://www.linkedin.com/company/mbk-chapman
Facebook: https://www.facebook.com/MBKChapman
X: https://x.com/MBKchapman
Reddit: https://www.reddit.com/r/hoa_hell/37 min - Service Animals— What Your HOA Can & Can’t Do
In this 1-Minute Attorney Tip, California HOA attorney Michael Kushner explains how service animals are not pets under the law—and what your HOA can and cannot legally demand from you.
Under both federal and California fair housing laws, service animals are assistive devices—like a wheelchair—and they’re protected. This includes dogs and, in some cases, miniature horses.
Your HOA is legally allowed to ask only two questions:
✅ Is the animal required because of a disability?
✅ What work or task has it been trained to perform?
Your HOA CANNOT:
❌ Demand a doctor’s note.
❌ Demand to know the nature of your diagnosis (or even what your diagnosis is).
❌ Require you to register your animal with a third party.
❌ Charge you extra pet deposits or “processing” fees.
Your HOA can, however, require your service animal to be under control at all times. That usually means leashed or harnessed—unless your condition or the animal’s task makes that impractical. In that case, you must maintain control through voice or signal commands.
To be clear, the only time your HOA can enforce anything related to your service animal is if you fail to pick up the animal’s excrement, or its aggressive, roams the community freely, or barks excessively. That’s it.
⚠️ Important: Under California Penal Code § 365.7, it’s a misdemeanor to falsely claim an animal is a service animal. So don’t lie.
So, if your HOA is overreaching or inventing rules to instill controls over your service animal, call MBK Chapman.
🔔 Subscribe for more powerful legal tools to hold your HOA accountable.
🌐 📞Want to talk to an attorney at MBK Chapman? Contact us at www.mbkchapman.com. Mention the HOA HELL podcast for a discounted consultation.
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 is the attorney who pioneered this niche area of the law—representing homeowners in disputes with their HOAs—in California. He created and taught the systems now used by the biggest law firms in the state focused on HOA litigation. Through his firm, MBK Chapman, and now through HOA HELL, Kushner continues to give homeowners practical legal tools to fight back.
#ServiceAnimalsHOA #DisabilityRightsHousing #CaliforniaHOALaw #DavisStirlingAct #michaelkushner #lukecarlson #lscarlsonlaw #badhoa #mbkchapman
🔥 HOA Hell
Attorney Michael Kushner, California’s #1 homeowner-side HOA lawyer, shares real legal tools to help homeowners fight back and win against Bad HOAs.👉 Got an HOA nightmare? Submit your question at [email protected]. Or learn more about your rights as a homeowner by visiting: https://www.mbkchapman.com/fact-sheets.
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About HOA HELL
From the publisher's feed
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.