Bad HOA

“My HOA is negligent” gets said a lot — but negligence is an actual legal claim with specific parts, and knowing them is the difference between a complaint your board ignores and a case it can’t. In this revisited episode, we break down how HOA negligence really works: the four elements you need, how boards hide behind the business judgment rule, and the documentation-and-escalation playbook that...

When a neighbor violates the CC&Rs and the harm lands on you, your first instinct is to fight the neighbor. But the bigger fight is often with the association that knows about the violation and refuses to act. In California, your governing documents don't just bind you to the board — they set the rules between you and every other owner, which is why one violation can sometimes give you two...

Most homeowners lose an HOA election before a single ballot is counted—because the board controls who gets to speak. In this episode, Luke Carlson and co-host Marty are joined by California attorney Edward Tescher, lead counsel in Arroyo v. Pacific Ridge , a published California Court of Appeal decision that is reshaping HOA elections across the state. Edward explains how a sitting board attempted...

Your roof is leaking. Mold is spreading. The board won't return your calls — or tells you it's your problem when it isn't. In this episode of Bad HOA, Luke Carlson and Marty break down failure-to-repair disputes: what your HOA is actually obligated to maintain, where boards typically get it wrong, and how homeowners can build a documented case that gets taken seriously. This is the thi...

Most homeowners think their CC&Rs only tell them what they can't do. In this episode, Luke Carlson and Marty break down why CC&Rs may actually be one of the most powerful tools a homeowner has — and how they can be used to hold an HOA accountable when the board isn't following its own rules. The episode covers the three core components of HOA governance — CC&Rs, bylaws, and rul...

In this episode of the Bad HOA Podcast, attorney Luke Carlson and co-host Marty revisit one of the most requested topics in the series — selective enforcement. Nearly 50 episodes in, the show has evolved from education into a full tactical toolkit for homeowners, and this episode applies that framework directly to the two forms of selective enforcement: targeting and preferential treatment. Luke a...

This episode is the follow-up homeowners have been asking for. After our episode on the "nuclear option"—the idea of dissolving an HOA entirely—we heard from a lot of listeners who wanted to know: if that's off the table, what actually works? That's exactly what Luke digs into here. The core argument of this episode is straightforward: HOA problems are almost always people proble...

Architectural control committees are at the center of some of the most common—and most frustrating—HOA disputes. Paint colors, patios, fences, solar panels, landscaping: if it's visible, there's a good chance your HOA's architectural control committee has some say over it. But where does that authority actually come from, and what happens when it's applied inconsistently or unfairl...

When homeowners are fed up with a bad HOA, dissolution often sounds like the perfect solution. Just get rid of it entirely. But as this episode explains, the "nuclear option" comes with massive practical hurdles—and even if you succeed, you'd likely end up recreating an HOA anyway. Luke Carlson and co-host Marty are joined by Ryan Davies, partner at LS Carlson Law, to break down why...

California has enacted several new HOA laws effective January 1, 2026, continuing the legislative trend toward greater homeowner protections and transparency. This episode breaks down four major new laws and previews pending legislation that could reshape HOA governance in the coming year. The discussion covers mandatory disclosure requirements for structural inspection reports, new disaster rebui...

Most HOA disputes don’t fall apart because the homeowner is wrong—they fall apart because the paper trail is a mess. In this episode of Bad HOA, we introduce the Homeowner Empowerment Kit, a tactical framework designed to help homeowners organize evidence, clarify objectives, and present disputes in a way boards and attorneys take seriously. We walk through each section of the kit, explain why org...

In this episode of Bad HOA, Luke Carlson and Marty Vasquez introduce the STRIKE Method, a practical framework homeowners use to approach disputes with clarity, documentation, and strategic discipline. We walk through each step of STRIKE—Stay Calm, Track Everything, Record Evidence, Invest in Knowledge, Keep It Precise, and Escalate Only If Necessary—and explain why this approach consistently puts...

This episode came straight from the r/BADHOA community. After asking which topics you wanted us to cover next, the most upvoted theme was clear: HOA transparency —what records exist, what homeowners are entitled to see, how to request them without getting ignored, and what it means when a board simply refuses to comply. In this episode, Luke and Marty break down the types of records HOAs are requi...

Homeowners dealing with unfair HOAs have a new place to unite, share strategies, and build real power: the official Bad HOA subreddit. In this episode, Luke and Marty discuss how the Bad HOA community has grown from a podcast into a full ecosystem—complete with a national forum designed to help homeowners collaborate, compare experiences, and push back against overreaching boards and management co...

Most HOA disputes don’t start in a courtroom—they start with a confusing letter and a lot of emotion. In this episode, Luke and Marty break down a practical approach for homeowners: adopt a clinical voice, build a bulletproof paper trail, use the CC&Rs to frame the issue, spot selective enforcement, and, in California, leverage Informal Dispute Resolution under the Davis-Stirling Act. We also...

In this episode of Bad HOA , Luke and Marty pull back the curtain on how HOA rules really work. They explain the difference between CC&Rs, bylaws, and everyday regulations—when the board can act alone, when a homeowner vote is mandatory, and how state law overrides outdated or illegal rules. If you’ve ever wondered whether your HOA had the right to make that change, this is your guide. lscarls...

Most homeowners think their battle is with the property management company—but here’s the truth: they’re just the hired help . In this episode, attorney Luke Carlson breaks down the often misunderstood relationship between HOAs and property managers, revealing who’s actually pulling the strings, who you should be holding accountable, and why these two entities often operate like they're in cah...

This episode of Bad HOA takes you behind the scenes of our trip to Sacramento during the passage of AB 130. Luke and Marty discuss Capitol conversations, the LA Times front-page story, and the national media attention that followed. Most importantly, they ask: what’s next in HOA reform?

California homeowners just got a major legal win. In this episode of Bad HOA , attorney Luke Carlson breaks down AB-130 —the landmark legislation that caps HOA fines at $100, eliminates interest and late fees on violations, and finally enforces due process protections for homeowners. From Sacramento strategy sessions to real stories of abuse, this episode takes you behind the scenes of a growing m...

In this episode of Bad HOA , host Luke Carlson is joined by fellow LS Carlson Law attorney and partner Ryan Davies to dissect what homeowners really need to know before buying into an HOA. They explore common red flags, the roles of CC&Rs and rules, and how to identify a dysfunctional board before it’s too late. If you’re a first-time buyer—or just fed up with your HOA—don’t miss this practica...

Not every HOA dispute requires a lawyer—but some absolutely do. In this episode of Bad HOA , Luke Carlson and Marty break down the critical signs that your issue has escalated beyond informal resolution. From board hostility to weaponized attorneys, learn when to bring in a homeowner association lawyer to protect your rights and your property.

In this eye-opening episode of Bad HOA, attorneys Luke Carlson and producer Marty dive deep into the often misunderstood world of HOA governing documents. They reveal the crucial differences between CC&Rs (Covenants, Conditions & Restrictions) and bylaws, explaining how these documents not only restrict homeowners but also provide powerful tools for protection against HOA overreach. Learn...

In this special anniversary episode, host Luke Carlson unveils his new book "Bad HOA: The Homeowner's Guide to Going to War and Reclaiming Your Power" - now available on Amazon and Barnes & Noble. Drawing from LS Carlson Law's 15+ years representing homeowners against problematic HOAs, Luke breaks down how the book empowers homeowners to fight back effectively. From identifying common HOA pers...

When does your San Diego HOA cross the line from enforcement to bullying? In this San Diego-focused episode of Bad HOA, host Luke Carlson welcomes attorney Scott McDonald to share insights from 15+ years of representing homeowners throughout San Diego County. Scott reveals the unique challenges facing different San Diego communities: water intrusion and mold issues in coastal properties, noise dis...

In this eye-opening episode, Luke Carlson and Marty welcome Florida partner Steven Shack to discuss one of the most frustrating HOA issues: dealing with tyrannical board members. Steven reveals the telltale signs of a tyrant board member, from selective enforcement to intentional disregard of governing documents, and shares powerful strategies Florida homeowners can use to fight back. Learn about...