Podcast

HOA HELL

Education, How To

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.

Episodes
187
Releases
Twice a week
Typical length
3 min
On air since
2025
Latest episode
1 day ago

Episodes

187 episodes, newest first

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

    Show notes

    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 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/hoa%20hell]

    #SteveGregory #KNX #AM1070 #HOAPrivacy #FlockCameras #ALPR #HOALaw #CaliforniaHOA #BadHOA #HOAhell #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 HOAHELLpodcast@mbkchapman.com. 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
  2. KNX 1070: Can My California HOA Regulate E-Bikes and E-Scooters?

    Show notes

    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 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/hoa%20hell]

    #SteveGregory #KNX #AM1070 #HOAeBikes #HOAScooters #HOALaw #CaliforniaHOA #BadHOA #HOAhell #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 HOAHELLpodcast@mbkchapman.com. 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
  3. Why Are There So Many Bad HOAs in California?

    Show notes

    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 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/hoa%20hell]

    #HOAboard #HOAapathy #DavisStirlingAct #CaliforniaHOA #badHOA #HOAHell #HOAlawyer #HOAattorney #hoaproblems #hoawars #homeownerproblems

    🔥 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 HOAHELLpodcast@mbkchapman.com. 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/

    34 min
  4. KNX 1070: Can My HOA Ban Me From Flying the American Flag?

    Show notes

    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.

    ✅ What Kushner put in the 10-page demand he served on the board, and the odds he gives it.

    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 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/hoa%20hell]

    #SteveGregory #KFI #AM640 #HOAFlag #FlagBan #AmericanFlag #DavisStirlingAct #CaliforniaHOA #BadHOA #HOAhell

    🔥 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 HOAHELLpodcast@mbkchapman.com. 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
  5. Can My California HOA Use Reserve Funds for Anything It Wants?

    Show notes

    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 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/hoa%20hell]

    #HOAreserves #specialassessment #DavisStirlingAct #CaliforniaHOA #badHOA #HOAHell #HOAlawyer #HOAattorney

    🔥 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 HOAHELLpodcast@mbkchapman.com. 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/

    33 min
  6. HOA Free Speech Rights in California: What Can I Say About My HOA?

    Show notes

    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 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/hoa%20hell]

    #SteveGregory #KFI #AM640 #HOAOpenForum #HOASpeech #HOALaw #CaliforniaHOA #BadHOA #HOAhell #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 HOAHELLpodcast@mbkchapman.com. 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
  7. Can My California HOA Charge an Emergency Special Assessment Without a Vote?

    Show notes

    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

    “California HOA Hits Retired People with $26,000 Special Assessment | Michael Kushner on ABC 7”

    https://www.youtube.com/watch?v=w7RN789iKCY&t=26s

    🎧 📞 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 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/hoa%20hell]

    #SpecialAssessment #EmergencyAssessment #HOAHealthandSafety #BalconyLaw #BalconyInspections #HazardousConditions #CaliforniaHOA #BadHOA #HOAhell #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 HOAHELLpodcast@mbkchapman.com. 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
  8. KNX 1070: Why Do So Many Californians Hate Their HOAs?

    Show notes

    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, Kushner teaches homeowners how to fight their bad HOAs and win.

    💥 Amazon[https://tinyurl.com/tx47hmvn] | Barnes & Noble [https://www.barnesandnoble.com/s/hoa%20hell]

    #SteveGregory #KFI #AM640 #HOALaw #CaliforniaHOA #BadHOA #HOAhell #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 HOAHELLpodcast@mbkchapman.com. 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
  9. Can My California HOA Appoint a New Board Member When One Sells Their Home?

    Show notes

    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: 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/hoa%20hell]

    #HOABoard #HOAElections #DavisStirlingAct #HOAAdvocate #CaliforniaHOA #BadHOA #HOAhell

    🔥 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 HOAHELLpodcast@mbkchapman.com. 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
  10. Can My California HOA Ban Christmas Lights, Religious Decorations, or Trick-or-Treating?

    Show notes

    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 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 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/hoa%20hell]

    #HOAChristmasLights #HOATrickOrTreating #HOADecorations #HOALaw #CaliforniaHOA #BadHOA #HOAhell #DavisStirlingAct #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 HOAHELLpodcast@mbkchapman.com. 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/

    33 min
  11. Can My California HOA Track My License Plate With Flock Cameras?

    Show notes

    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&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/hoa%20hell]

    #FlockCameras #ALPR #DavisStirlingAct #HOALaw #CaliforniaHOA #BadHOA #HOAhell #HOAPrivacy

    🔥 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 HOAHELLpodcast@mbkchapman.com. 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
  12. California HOA Special Assessment Red Flags to Check Before You Buy

    Show notes

    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 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 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/hoa%20hell]

    #DavisStirlingAct #CaliforniaHOA #badHOA #HOAHell #HOAlawyer #HOAattorney #SpecialAssessment #SellerDisclosures #HOAredflags #reservestudy

    🔥 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 HOAHELLpodcast@mbkchapman.com. 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
  13. Fannie Mae’s New Condo Loan Rules: Can My California HOA Make My Unit Unsellable?

    Show notes

    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://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/hoa%20hell]

    #FannieMae #FreddieMac #CondoFinancing #HOAreserves #DavisStirlingAct #HOAlawyer #HOAattorney #CaliforniaHOA #badHOA #HOAHell

    🔥 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 HOAHELLpodcast@mbkchapman.com. 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/

    28 min
  14. Can My California HOA Refuse to Give Me the SB 326 Balcony Inspection Report?

    Show notes

    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 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/hoa%20hell]

    #CaliforniaHOA #BadHOA #HOAhell #DavisStirlingAct #SB326 #HOABalcony #HOAAdvocate

    🔥 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 HOAHELLpodcast@mbkchapman.com. 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
  15. Can My California HOA Make Me Pay for the Previous Owner’s Violations?

    Show notes

    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 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/hoa%20hell]

    #HOAliens #HOAforeclosure #HOAassessments #DavisStirlingAct #CaliforniaHOA #badHOA #HOAHell #HOAlawyer #HOAattorney #HOAdisclosures

    🔥 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 HOAHELLpodcast@mbkchapman.com. 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/

    32 min
  16. Can My California HOA Stop Me From Criticizing or Organizing Against It?

    Show notes

    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 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/hoa%20hell]

    #DavisStirlingAct #CaliforniaHOA #CivilCode4515 #HOArecall #FreeSpeech #NonDisparagement #badHOA #HOAHell #HOAlawyer #HOAattorney

    🔥 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 HOAHELLpodcast@mbkchapman.com. 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/

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

    Show notes

    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 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/hoa%20hell]

    #AB130 #HOAFines #HOAFineCap #HealthandSafety #HOAAdvocate #DavisStirlingAct #HOAHELL #BadHOA

    🔥 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 HOAHELLpodcast@mbkchapman.com. 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
  18. Does my Condo Insurance Cover my California HOA’s Special Assessment?

    Show notes

    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 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/hoa%20hell]

    #DavisStirlingAct #LossAssessmentCoverage #SpecialAssessments #hoaproblems, #hoawars, #homeowneradvocate #HOAlawyer #HOAattorney #CaliforniaHOA #badHOA #HOAHell

    🔥 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 HOAHELLpodcast@mbkchapman.com. 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
  19. Can My California HOA Spray Pesticides Near My Home?

    Show notes

    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 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/hoa%20hell]

    #DavisStirlingAct #CaliforniaHOA #badHOA #HOAHell #HOAlawyer #HOAattorney #LaderaRanch #Pesticides #HOAmaintenance #hoaproblems, #hoawars, and #homeownerproblems #homeowneradvocate

    🔥 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 HOAHELLpodcast@mbkchapman.com. 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/

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

    Show notes

    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 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/hoa%20hell]

    #DavisStirlingAct #CaliforniaHOA #badHOA #HOAHell #HOAlawyer #HOAattorney #HOArights #HOAlawsuit #HOAAttorneyFees #HOARegulations #HOAEnforcement

    🔥 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 HOAHELLpodcast@mbkchapman.com. 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/

    35 min