HOA HELL

In this 1-Minute Attorney Tip, California HOA attorney Michael Kushner explains why annual disclosures from your HOA aren’t just good practice—they’re required by law.  Under the Davis-Stirling Act, your board must send out a disclosure package every year. That includes the budget, reserve funding plan, insurance summary, financial statements, and several key notices—like enforcement policies and...

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

In this 1-Minute Attorney Tip, California HOA attorney Michael Kushner answers a question that every homeowner should ask before taking legal action: Can I recover my attorneys’ fees if I sue my HOA and win?  In most cases, the answer is yes.  California’s Davis-Stirling Act entitles the prevailing party to attorneys’ fees and costs in enforcement actions (Civ. Code, § 5975), as well as in other c...

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

Does your HOA have to chase down every violation, no matter how small? In this HOA Q&A, attorney Michael Kushner explains why enforcement is one of the board’s core duties under California law—but also why the law gives boards discretion in how they enforce.  🎯 What You’ll Learn in This HOA Q&A:  ✅ Why HOAs are legally required to enforce the governing documents. ✅ When the board can ch...

In this 1-Minute Attorney Tip, California HOA attorney Michael Kushner explains why your HOA can’t stop you from installing a video-only security camera—as long as it’s directed at your own front door or another area under your exclusive control.  You can install a camera pointed at your front door, porch, or eave—as long as those areas are part of your separate interest or exclusive use common ar...

In this 1-Minute Attorney Tip, California HOA attorney Michael Kushner breaks down a common (and illegal) HOA tactics: penalizing homeowners without proper notice.  Under Civil Code section 5855, your HOA must give you at least 10 days’ written notice before holding a disciplinary hearing—and the notice must include the date, time, and reason. If your board fines you or suspends your rights withou...

In this 1-Minute Attorney Tip, California HOA attorney Michael Kushner explains how to legally demand access to the HOA’s membership list—including names, property addresses, and email addresses.  Under Civil Code sections 5200 and 5225, you’re entitled to this information as long as your request is reasonably related to your interest as a member. Most owners—and many board members—don’t realize t...

In this 1-Minute Attorney Tip, California HOA attorney Michael Kushner explains how to invoke Internal Dispute Resolution (IDR)—a powerful, free legal tool that forces your HOA to the table. Under Civil Code section 5910, if you request an IDR meeting, the board is legally required to participate.  Most homeowners have no idea this right exists. But a simple written request can shift the balance,...

Trying to charge your electric vehicle—but your HOA’s driveway rules won’t let you? In this 1-Minute Attorney Tip, California HOA attorney Michael Kushner explains how neutral-sounding HOA rules—like “you must use your garage before parking on the driveway”—can end up disproportionately burdening EV owners.  Under California law, HOAs aren’t required to install charging infrastructure, but they al...

Think you can withhold your HOA dues because you're in a dispute?  Even if your HOA is in the wrong—California law doesn’t allow you to offset or suspend payments.  In this 1-Minute Attorney Tip, California HOA attorney Michael Kushner explains why refusing to pay your dues—even “on principle”—can backfire badly. From penalties to foreclosure, the risks are real.  🎯 What You’ll Learn in This...

Can a renter, property manager, or relative of a homeowner serve on your HOA board? In this HOA Q&A, attorney Michael Kushner breaks down why California law limits board eligibility to owners only—and what happens when that rule gets ignored.  🎯 What You’ll Learn in This HOA Q&A:  ✅ What California law says about who can serve on the HOA board. ✅ Who counts as a “member”—and who doesn’t...

In this 1-Minute Attorney Tip, California HOA attorney Michael Kushner explains how easy it actually is to start the process of recalling your HOA board. Most homeowners don’t realize that a recall petition only takes 5% of the membership to trigger a recall election—and in many cases, it’s easier to recall the entire board than just one or two members.  If you’re fed up with unresponsive or rogue...

Sylvester Stallone vs. the HOA? In this episode of HOA HELL, attorney Michael Kushner reacts to a fun clip from Tulsa King where Stallone’s character gets slapped with an on-the-spot $100 fine for leaving his garage door open too long. But here in California, it wouldn’t—and legally couldn’t—go down like that. Not that a lot of HOAs don’t try.  🎯 What You’ll Learn in This Episode:  ✅ Why HOA fin...

When an HOA board starts hiding financial records, limiting access to bank accounts, or rubber-stamping reimbursements with no documentation—homeowners need to pay attention. In this episode of HOA HELL, attorney Michael Kushner breaks down five red flags that often signal financial misconduct inside an HOA, and explains the specific tools California homeowners can use to expose it.  From obstruct...

Can your HOA stop you from using marijuana? What about when it’s medically necessary? In this HOA Q&A, attorney Michael Kushner explains how California law treats marijuana use in HOA communities, and why context matters when it comes to enforcement.  🎯 What You’ll Learn in This HOA Q&A:  ✅ When HOAs can ban smoking marijuana—even for medical use. ✅ Why shared walls and ventilation syst...

HOA embezzlement is real—and it’s happening in California communities just like yours. In Part 1 of this special two-part episode, attorney Michael Kushner exposes real-life examples of theft and financial misconduct inside HOAs, including actual news reports from Chula Vista and Santa Monica.   Whether it’s padded invoices, unauthorized reimbursements, or shady board/manager collusion, these case...

Think your HOA’s master insurance policy protects you? Think again. In this episode of HOA HELL, attorney Michael Kushner breaks down the shocking gaps in HOA insurance—and how they can leave homeowners stuck with five- or six-figure bills after a disaster.  🎯 What You’ll Learn in This Episode:  ✅ The real difference between condos, planned developments, and townhomes. ✅ What your HOA’s master...

A few months ago in Modesto, an HOA blindsided its members with a $25,000-per-unit “emergency” assessment to replace just eight red-tagged balconies—without a vote, and without following key legal procedures.  And this isn’t just a Modesto problem.  Across California, HOAs are abusing the emergency assessment loophole—declaring preventable maintenance issues as “emergencies” so they can skip a mem...

California law gives you the right to install solar energy systems—but that doesn’t stop some HOAs from trying to block or delay you. In this episode of HOA HELL, attorney Michael Kushner explains exactly what the law allows, what your HOA can (and can’t) do, and how to fight back if your solar plans are denied or ignored.  🎯 What You’ll Learn in This Episode:  ✅ What Civil Code §§ 714, 714.1, a...

HOAs have real power. And it’s not just because of outdated governing documents or unchecked boards. In this episode of HOA HELL, attorney Michael Kushner dissects the flawed logic behind a podcast hosted by a lawyer he once hired and trained—who now claims to run the most experienced HOA law firm in California. Kushner explains why homeowners are often outgunned—and delivers 7 legal tools that ac...

In this episode of HOA HELL, attorney Michael Kushner tackles one of the most frustrating and costly HOA disputes homeowners face: when the HOA refuses to repair or maintain common areas.  From leaking roofs and cracked patios, to slope failures and hidden pipe damage, these common area nightmares cause real harm—and often leave homeowners stuck with the bill. But California law gives you real pow...

If your HOA has ever dodged your questions, withheld financial records, or made you feel like you don’t have the right to know how your dues are being spent—this episode is for you.  California Civil Code § 5200 gives you powerful rights to demand specific HOA records—and Civil Code § 5235 gives you the power to enforce those rights in court, fast and without the cost of a full-blown lawsuit.  In...

Ever wonder whether your HOA can actually do what it’s doing?  Whether it’s issuing fines, denying architectural requests, or citing obscure rules—none of it matters if the board doesn’t have legal authority.  In this episode of HOA HELL, attorney Michael Kushner breaks down the four core governing documents that every California HOA relies on—CC&Rs, Bylaws, Rules, and Architectural Guidelines...

This is what HOA abuse of power looks like—and we caught it on video. If it didn’t really happen, it would actually be funny because of how pathetic this director’s personal life must really be.   In this episode of HOA HELL, attorney Michael Kushner is joined by his former client Kourosh Amini to expose a disturbing example of egregious HOA director abuse (including assault) and it was caught on...