HOA HELL

Water intrusion disputes in HOAs don’t turn into major disputes for just one reason. Some are disasters from the moment water enters a unit. Others spiral because of what follows, such as disputes regarding insurance, deductibles, remediation, relocation, mold, and delays.   In this Part 2 of 2, attorney Michael Kushner breaks down the post-leak events that turn water intrusion events in Californi...

In this Q&A, attorney Michael Kushner explains who controls the location of an Internal Dispute Resolution meeting in California HOAs and why neither the homeowner nor the board gets to dictate it under the Davis-Stirling Act.  🎯 What You’ll Learn in This HOA Q&A: ✅ Who has authority to select the location for an IDR under Civil Code § 5915(b)(4). ✅ What “mutually convenient time and pl...

When water leaks into your home, most homeowners are told one of two things: the HOA has to pay for everything, or go through your own insurance. Both answers are often wrong. In Part 1 of this two-part HOA HELL episode, attorney Michael Kushner breaks down why water intrusion disputes are so common in California HOAs, and why bad boards and managers give oversimplified answers that can cost homeo...

In this HOA Q&A, attorney Michael Kushner explains when an HOA can face liability (for resulting injuries or deaths) for serving alcohol at an HOA-sponsored event, and why most HOA-sponsored gatherings remain protected under Civil Code § 1714. This segment clears up a common misconception about fees, alcohol service, and third-party injury claims.  What You’ll Learn in This Episode  ✅ When an...

In this special extended episode of HOA HELL, attorney Michael Kushner  addresses a growing problem in California HOA disputes, where slick marketing and SEO visibility increasingly replace real legal experience, accuracy, and performance. If you are trying to figure out who the real HOA experts are and who the slickly-marketed pretenders are, this episode is for you.  What You’ll Learn in This Ep...

* UNLESS they give equal access to all candidates. If you’re running against sitting HOA board members, California law strictly limits how they can campaign. Directors cannot use HOA-funded resources to influence an election unless they give equal access to every candidate. When incumbents take over official HOA channels and shut others out, they break the law.  🎯 What You’ll Learn in This 1-Minu...

In this HOA Q&A, HOA HELL host Michael Kushner explains why short-term use of the clubhouse by an HOA member for a private event, like a wedding reception or birthday party, does not constitute a transfer of common area to a member for that member’s exclusive use, and therefore does not trigger the membership vote requirement contained in Civil Code § 4600.  🎯 What You’ll Learn in This HOA Q&...

HOA director term limits create confusion for homeowners and boards alike. Some people insist they’re invalid under California law. Others rely on them to force board turnover. Both sides often speak with confidence, but not accuracy.  🎯 What You’ll Learn in This 1-Minute Tip: ✅ When term limits can be enforced in California HOAs. ✅ Where valid term limits must appear to have legal effect. ✅ T...

In this episode of HOA HELL, attorney Michael Kushner breaks down the Business Judgment Rule, including its purpose and how bad HOAs misuse it to shut homeowners down. If your board or manager keeps throwing the “BJR” at you as if it ends the conversation, this episode is for you.  What You’ll Learn in This Episode  ✅ What the Business Judgment Rule is and why it exists. ✅ That the Business Judg...

If you submit a valid architectural application and your HOA changes the rules to block it, the board is almost certainly violating the Davis-Stirling Act. California law does not let HOAs move the goalposts mid-review simply because they dislike a proposed project.  🎯 What You’ll Learn in This 1-Minute Tip: ✅ Why HOAs must apply the rules in place when you submit your application. ✅ How Civil...

HOA boards love to invoke the Business Judgment Rule as a shield against criticism, but few homeowners understand what that rule is supposed to do or why it exists in the first place. This Tip sets the foundation.  🎯 What You’ll Learn in This 1-Minute Tip: ✅ What the Business Judgment Rule means in California HOAs. ✅ The basic standards directors must meet to receive protection. ✅ Why the law...

In this episode of HOA HELL, attorney Michael Kushner explains how bad managers often overstep their authority, manipulate processes, and distort information while weak or complicit directors quietly lose control. If this sounds familiar to you, then this episode can help.  What You’ll Learn in This Episode ✅ How bad HOA managers cross the line from mere administration into governance. ✅ Why wea...

Attorney Michael Kushner concludes his two-part HOA HELL episode on disabilities and accommodations in California HOAs. In this episode, Kushner explains who qualifies as disabled under California law, what HOAs are legally allowed to ask, and what HOA boards must do when a disabled homeowner makes a request for an accommodation.   What You’ll Learn in This Episode  ✅ How California law defines d...

In this two-part episode of HOA HELL on disability rights in California HOAs, attorney Michael Kushner focuses on how the law treats homeowners with disabilities.  What You’ll Learn in This Episode  ✅ How federal and California law treat disability differently. ✅ The types of accommodation requests that commonly trigger HOA resistance. In Part 1, attorney Michael Kushner explains how everyday ac...

In this episode, attorney Michael Kushner explains how rental restrictions work under the Davis-Stirling Act. He also walks through common HOA tactics that create improper hurdles for owners, the financial consequences to an HOA that blocks lawful rentals, and what homeowners can do if their HOAs are violating the law.  What You’ll Learn in This Episode  ✅ How Civil Code sections 4740 and 4741 li...

Attorney Michael Kushner tackles real questions from California homeowners in this special “Ask Me Anything” episode of HOA HELL. From neighbor disputes and property damage, to HOA governance, every question comes directly from listeners of the podcast.  What You’ll Learn in This Episode  ✅ When smoke from a neighbor’s wood smoker crosses the line into an actionable nuisance that interferes with...

In this episode, attorney Michael Kushner tackles an important question: Do you have a right to see the license and insurance information of a contractor hired by your HOA before the contractor commences work on your property? Kushner explains why, even though the Davis Stirling Act is technically silent on this specific point, California law very likely implies that the answer is yes.  🎯 What Yo...

In this episode of HOA HELL, attorney Michael Kushner explains how conflicts of interest arise naturally inside California HOAs and why they only become a serious problem when boards fail to disclose them or handle them correctly.  🎯 What You’ll Learn in This Episode: ✅ How the law defines a “conflict of interest.” ✅ The legal difference between abstaining and recusal. ✅ How conflicts of inter...

In this episode of HOA HELL, attorney Michael Kushner explains how California’s HOA Open Meeting Act works. 🎯 What You’ll Learn in This Episode: ✅ What the Open Meeting Act is and the most common ways that HOAs in California violate it.  ✅ The notice and agenda rules for all types of board meetings. ✅ The five specific topics that may be discussed in executive session and why everything else m...

In this 1-Minute Atty Tip, attorney Michael Kushner explains who’s responsible for the maintenance, repair, and replacement of HOA common areas and exclusive use common areas.  🎯 What You’ll Learn in This 1-Minute Atty Tip: ✅ The default responsibility rules under Civil Code 4775. ✅ When HOAs must pay for repair, replacement, and maintenance of common area components. ✅ How responsibility work...

If you receive a pre-lien letter from your HOA, you cannot ignore it. In this 1-Minute Atty Tip, attorney Michael Kushner breaks down what a pre-lien notice is, why you must not ignore it, and what you should do if you receive one.   🎯 What You’ll Learn in This 1-Minute Atty Tip: ✅ What a pre-lien letter is and why it signals real risk to your property. ✅ The 30-day notice requirement before an...

Attorney Michael Kushner breaks down one of the most common forms of HOA abuse in California: selective enforcement. This episode explains how homeowners can recognize selective enforcement, prove it, and demand equal treatment under California law.  🎯 What You’ll Learn in This Episode: ✅ What selective enforcement looks. ✅ How favoritism and retaliation play a role in selective enforcement. ✅...

A neighbor keeps blocking your driveway and your HOA says it’s a private dispute? That’s not just frustrating. It’s wrong. In this 1-Minute Attorney Tip, attorney Michael Kushner explains why HOAs have a legal duty to enforce the governing documents.  🎯 What You’ll Learn in This 1-Minute Tip: ✅ Why HOA boards are required to enforce rules about ingress, egress, and parking, and why “work it out...

In this episode of HOA HELL, attorney Michael Kushner explains how rulemaking works in California HOAs and when HOA boards must go to the membership for a vote.  🎯 What You’ll Learn in This Episode: ✅ How rulemaking authority must be in the CC&Rs or Bylaws and why rules cannot conflict with higher documents. ✅ How a rule is legally adopted, including the notice-related timelines. ✅ How cer...

In this special episode, attorney Michael Kushner reveals the inside story behind his groundbreaking new book: “HOA HELL | California Homeowners’ Definitive Guide to Beating Bad HOAs."  In this episode, you’ll learn why HOA HELL is California’s ONLY definitive, practical, step-by-step guide for California HOA members. You’ll learn about his systems of “strategic persistence” and leverage “sta...