HOA HELL

In this 1-Minute Attorney Tip, California HOA attorney Michael Kushner explains your rights when it comes to EMOTIONAL SUPPORT ANIMALS—and how they differ from SERVICE ANIMALS under the law. Stay tuned for the next 1-Min Atty Tip, where I’ll cover SERVICE ANIMALS.  

But for now, here's what you need to know about emotional support animals: 

Under California and federal fair housing laws, an HOA must make reasonable accommodations for residents with a disability-related need for an emotional support animal—even if the HOA has a no-pets policy or rules about weight, breed, or number of animals. 

🔹 What your HOA CAN do: 

✅  Ask for a brief letter from a licensed medical provider stating that you have a disability-related need for the emotional support animal.  

✅ Ask for confirmation that the emotional support animal might alleviate your symptoms. 

👉 EXAMPLE: “I am treating this individual for a recognized disability and believe they would benefit from an emotional support animal to alleviate their symptoms.” 

🔻 What your HOA CANNOT do: 

❌ Demand to know your diagnosis or treatment details. 

❌ Require you to register your animal with a third party. 

❌ Charge you extra pet deposits or “processing” fees. 

❌ Deny your request based on breed or size (even if otherwise prohibited under the Rules). 

If your HOA is ignoring your request, demanding excessive documentation, or delaying approval without reason, they’re breaking the law—and you may be entitled to attorneys’ fees under fair housing statutes and/or the Davis-Stirling Act.

🔔 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. 

#EmotionalSupportAnimals #FairHousingRights #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. 

📲 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/ 

Can a small group of owners flip an HOA election—even without majority support?

Yes, if your HOA uses cumulative voting. And most do, unless they’ve formally opted out. 

In this 1-Minute Attorney Tip, Michael Kushner explains how cumulative voting really works and how you can use it to break up an entrenched board majority. You’ll learn how vote-stacking works, why it’s effective in low-turnout elections, and why most election inspectors don’t even understand it. 

🎯 What You’ll Learn in This 1-Minute Tip: 

✅ What cumulative voting is—and how it differs from traditional one-vote-per-seat elections.

✅ Why concentrated votes can beat a majority slate.

✅ Where to find the rule (bylaws or election rules).

✅ What to do if your board or inspector tries to block it. 

If you’re trying to flip just one seat, this strategy might be all you need. 

🔔 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. 

#CaliforniaHOA #HOAElections #CumulativeVoting #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/ 

In this 1-Minute Attorney Tip, California HOA attorney Michael Kushner explains your legal right to install an electric vehicle charging station—even if your assigned parking spot is located in the common area. 

Under Civil Code section 4745, your HOA can’t ban EV chargers outright. They can impose reasonable conditions—like requiring permits, licensed contractors, and insurance—but they must respond within 60 days of your written request or it’s automatically approved by law. 

Kushner breaks down the requirements, the HOA’s limits, and how to push back if your board tries to stonewall you. 

🔔 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. 

#HOALaw #CaliforniaHOA #EVChargingRights #HOATips #HomeownersRights #mbkchapman #michaelkushner #lukecarlson #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/ 

Some HOAs are quietly charging homeowners thousands of dollars in attorneys’ fees without ever going to court, without winning a case, and without the legal right to do so. In this episode of HOA HELL, attorney Michael Kushner breaks down one of the most common and illegal tactics used by California HOAs: billing homeowners for legal fees during pre-litigation disputes. 

From consultation charges, to post-hearing letters, to general budget line items, Kushner exposes the ways boards (and their attorneys) disguise legal costs and illegally pass them on to unsuspecting homeowners. He explains what California law actually allows, what your CC&Rs must say to make legal fees enforceable, and what steps you can take to push back, challenge the charge, and get your money back. 

🎯 What You’ll Learn in This Episode:

✅ Why HOAs cannot legally charge you attorneys’ fees unless they go to court and win, or your CC&Rs clearly authorize it.

✅ How HOAs use “enforcement,” “consultation,” and “reimbursement” language to mask illegal legal fees.

✅ What Civil Code sections 5975 and 5600 actually say and how they protect homeowners.

✅ Why pre-litigation charges, even after hearings or IDRs or ADRs, are almost never lawful.

✅ What documents to request, how to phrase your challenge, and what to do if they ignore you.

✅ Why even small charges—$750, $2,500, $8—can and should be fought.

✅ A real case where Kushner’s team wiped out an $18,000 illegal assessment at a disciplinary hearing. 

If you’ve ever opened a billing statement and been shocked to see “legal fees” you never agreed to, this is the episode you cannot afford to miss. 

🔔 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 #IllegalHOACharges #AttorneyFees #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/ 

In this 1-Minute Attorney Tip, California HOA attorney Michael Kushner explains why a standard demand letter might be a waste of time—and why an ADR Demand Letter under Civil Code §§ 5925–5940 gives you real legal leverage. 

Unlike informal letters that HOAs can simply ignore, an ADR Demand Letter triggers mandatory timelines and formal obligations to mediate. If the HOA refuses, that decision can come back to haunt them—even if they win in court. Civil Code § 5960 allows a judge to reduce or deny attorneys’ fees if a party unreasonably refuses to participate in ADR. 

And here's the strategic bonus: unless the HOA sends back its own ADR demand, only your issues will be on the table at mediation. You control the narrative. 

Don’t let the HOA dictate the terms. Use the law to set the agenda. 

🔔 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. 

#ADRdemand #HOADemandLetter #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. 

📲 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/ 

In this 1-Minute Attorney Tip, California HOA attorney Michael Kushner breaks down what your HOA must do when a neighbor is breaking the rules. 

If you’re dealing with a neighbor who’s violating the CC&Rs—loud noise, illegal rentals, harassment, or other disruptive behavior—your HOA can’t just shrug and say, “It’s not our problem,” or “That’s a neighbor-to-neighbor issue.” 

Wrong. 

Under California law, HOAs have a fiduciary duty to enforce the governing documents—including nuisance provisions. That means if your neighbor is interfering with your quiet enjoyment or safety, or is otherwise violating the rules, the board may not stand by and do nothing. It must take action. 

If they won’t? You can submit a written enforcement demand, request Internal Dispute Resolution (IDR), or—if necessary—call us at MBK Chapman, where we’ll make sure to hold your board accountable for failing to do its job. 

If you want to dive into the specific of neighbor disputes, check out the 6-part series already available on your favorite podcast channel, including this one.

If you’d like to download Michael Kushner’s free 20-page “Essential Guide to Neighbor Disputes in California,” then click here: https://mbkchapman.com/learning/ and scroll down to the correct Guide. You’ll be able to download it for free. 

🔔 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. 

#NeighborDisputes #HOAEnforcement #CaliforniaHOALaw #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. 

📲 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/ 

In this 1-Minute Attorney Tip, California HOA attorney Michael Kushner explains why annual disclosures from your HOA aren’t just good practice—they’re required by law. 

Under the Davis-Stirling Act, your board must send out a disclosure package every year. That includes the budget, reserve funding plan, insurance summary, financial statements, and several key notices—like enforcement policies and dispute resolution procedures. 

If they’re not sending that package by the statutory deadline, they’re not just being sloppy—they’re violating California law. 

Homeowners have every right to demand compliance. And if demands don’t work, you can make them comply.  

🔍 If you want to see tables detailing the nature and scope of the required disclosures, as well as their statutory basis, you can find my article by clicking this link:  

https://mbkchapman.com/blog/mandatory_annual_hoa_disclosures/ 

🔔 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. 

#HOADisclosures #CaliforniaHOALaw #Davis-StirlingAct #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. 

📲 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/ 

In this episode of HOA HELL, attorney Michael Kushner exposes one of the most disturbing recent legal tactics used by HOA law firms today: labeling homeowners as “harassers” and threatening restraining orders against them for doing nothing more than filming rule violations, questioning unauthorized vendor activity, or demanding enforcement of the governing documents. 

Michael walks viewers through two real cease-and-desist letters sent by two of California’s top HOA-side firms—letters that don’t just misstate the law, but intentionally distort it beyond recognition. One firm threatened to sue for tortious interference because a homeowner took pictures. Another claimed a homeowner “assaulted” a landscaper by asking questions. Both weaponized harassment law in ways that would never hold up in court, but might scare an uninformed homeowner into silence. 

🎯 What You’ll Learn in This Episode: 

✅ Why photographing HOA vendors or questioning unauthorized work is not harassment.

✅ How Civil Code of Procedure § 527.6 is being misused to bully homeowners.

✅ Why hostile work environment standards don’t apply to homeowners in the HOA setting.

✅ What the Davis-Stirling Act actually allows and what it doesn’t.

✅ How to fight back if you get one of these bogus “harassment” letters. 

Michael breaks down the law, shows you what these letters actually say, and gives you the tools to hit back. This isn’t about safety. It’s about control. And this episode gives you the knowledge to call their bluff. 

🔔 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. 

#HOALaw #CaliforniaHOA #Harassment #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/ 

Does your HOA have to chase down every violation, no matter how small? In this HOA Q&A, attorney Michael Kushner explains why enforcement is one of the board’s core duties under California law—but also why the law gives boards discretion in how they enforce. 

🎯 What You’ll Learn in This HOA Q&A: 

✅ Why HOAs are legally required to enforce the governing documents.

✅ When the board can choose not to enforce a technical or low-impact violation.

✅ How selective enforcement can lead to legal liability—or invalidate the rule entirely.

✅ Why the law expects fairness and consistency, not perfection. 

Michael clarifies how California law balances enforcement with reasonableness—and what your HOA can and can’t do when it comes to CC&R violations. 

🔔 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. 

#HOALaw #CaliforniaHOA #SelectiveEnforcement #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/ 

Some HOAs are failing to perform the most basic duty they owe to their members—maintaining, repairing, and replacing common area elements. In this episode of HOA HELL, attorney Michael Kushner breaks down why so many California HOAs fall short, how that failure puts you at legal and financial risk, and what red flags you should be watching for if your board is dragging its feet. 

From cracked stairways and leaking roofs to ignored inspection reports and deferred slope repairs, Kushner walks listeners through the most common scenarios where HOA neglect creates real danger. He also outlines exactly what steps you can take to force action before your property value—and your safety—are at risk. 

🎯 What You’ll Learn in This Episode: 

✅ What Civil Code section 4775 requires and why your HOA must act, even if the repair is expensive or not budgeted. 

✅ The six most common excuses boards use to avoid fixing serious safety issues. 

✅ How a board’s failure to maintain can trigger insurance claims, lawsuits, or even personal injury liability. 

✅ Red flags that your board may be stalling, lying, or downplaying maintenance risks. 

✅ Specific steps you can take to demand repairs, inspect records, rally other homeowners, and document board misconduct. 

✅ Why some directors mistakenly believe they’re “saving money” by avoiding maintenance, and why that always backfires. 

This episode gives homeowners the legal framework—and the warning signs—they need to protect their property and hold their boards accountable. 

🔔 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. 

#MBKChapman #HOALaw #CaliforniaHOA #BadHOA #LSCarlsonLaw #FailureToMaintain #HOANegligence #BreachofFiduciaryDuty #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/