HOA HELL

Michael Kushner
  • 5.0 (6)
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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. 

  1. 2D AGO

    Can a California HOA Deny Solar Panels on a Condo Roof?

    In this HOA Q&A, California’s leading homeowner-side HOA attorney, Michael Kushner, addresses the question of whether an HOA can block a condominium owner from installing solar panels on the common area roof based on concerns like potential water intrusion.  🎯 What You’ll Learn in This HOA Q&A: ✅ Whether condo owners have the right to install solar panels on a portion of the common area roof. ✅ What types of conditions HOAs are allowed to impose on condo owners who want to install solar panels. ✅ Whether your HOA can rely on “water leakage risk” to deny your solar panel installation.  California law gives condominium owners meaningful rights when it comes to installing solar panels, even on a common area roof, and while HOAs may impose some conditions on such installations, they may not prevent homeowner from using a portion of the condominium’s roof to install solar panels.   If you’d like to learn more about your rights to install panels on your “part” of your condominium roof, check out my Fact Sheet “Can a California HOA Deny Solar Panels on a Condo Roof?” [https://mbkchapman.com/can-california-hoa-deny-solar-panels-on-a-condo-roof-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]  #HOALaw #CaliforniaHOA #BadHOA #HOAhell #DavisStirlingAct #HOASolar #CondoSolarRights #CondoLiving #GreenHOA  🔥 HOA Hell California’s #1 HOA attorney shares real legal tools to help homeowners fight back—and win. 👉 Got an HOA nightmare? Submit your question at HOAHELLpodcast@mbkchapman.com. more about your rights as a homeowner: https://MBKChapman.com 📲 Follow us:  Instagram: @mbkchapmanpc YouTube: HOA Hell (https://www.youtube.com/@HOAHELLpodcastofficial)

    2 min

  2. 3D AGO

    How Do I Sue My HOA in California? Step-by-Step Instructions

    California homeowners dealing with abusive HOA board members, selective enforcement, architectural disputes, financial mismanagement, or ignored maintenance and repairs of the common areas often ask what it takes to sue their HOAs. In this episode, California’s leading homeowner-side HOA attorney, Michael Kushner, walks through the steps involved in suing a California HOA, including the issues you need to understand before you file.  What You’ll Learn in this Episode:  ✅ How homeowners should think about the litigation process before taking action.  ✅ How to identify the right party to sue and when board members may be personally named.  ✅ How your choice of legal claims can radically alter the outcome of your lawsuit.  ✅ How attorneys’ fees statutes (i.e., fee-shifting laws) come into play in forming your legal strategy.  If you’re thinking about suing your HOA, this episode gives you a practical, step-by-step roadmap of how to do it the right way.   🎧 📞 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 #HOAlawsuit #SueYourHOA #HOAdispute #HOAproblems 🔥 HOA Hell California’s #1 HOA attorney shares real legal tools to help homeowners fight back—and win. 👉 Got an HOA nightmare? Submit your question at HOAHELLpodcast@mbkchapman.com. more about your rights as a homeowner: https://MBKChapman.com 📲 Follow us:  Instagram: @mbkchapmanpc YouTube: HOA Hell (https://www.youtube.com/@HOAHELLpodcastofficial)

    59 min

  3. MAY 1

    Can a California HOA Borrow From Reserves Without a Membership Vote?

    In this HOA Q&A, California’s leading homeowner-side HOA attorney, Michael Kushner, explains the process that an HOA board must go through to borrow money from reserve funds.  🎯 What You’ll Learn in This HOA Q&A: ✅ What Civil Code § 5515 requires for an HOA to borrow from its reserves. ✅ What notice and documentation requirements apply before and after the loan is approved. ✅ When homeowners’ consent might be required.   HOA boards have the authority to borrow from reserves, but that authority comes with explicit obligations involving strict notice, documentation, and repayment requirements.  If you’d like to learn more, check out the following Fact Sheets and podcast episodes:  “HOA Reserve Studies...Understanding the “Percent Funded” Number.” [https://mbkchapman.com/hoa-reserve-studies-in-california-fact-sheet/]  “How California HOAs Manipulate Reserve Studies..."[https://mbkchapman.com/california-hoa-reserve-study-fraud-fact-sheet/]  “What Every California Homeowner Needs to Know About HOA Reserve Funds.”  Part 1 [https://www.youtube.com/watch?v=fnG9UAv9LbY&t=684s] Part 2 [https://www.youtube.com/watch?v=Fu5QGHAsDrY&t=1422s]  If you’d like to learn more about special assessments, read “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/]  🎧 📞 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]  #HOALaw #CaliforniaHOA #BadHOA #HOAhell #DavisStirlingAct #HOAReserves #HOASpecialAssessment #HOABoard #BorrowFromReserves  🔥 HOA Hell California’s #1 HOA attorney shares real legal tools to help homeowners fight back—and win. 👉 Got an HOA nightmare? Submit your question at HOAHELLpodcast@mbkchapman.com. more about your rights as a homeowner: https://MBKChapman.com 📲 Follow us:  Instagram: @mbkchapmanpc YouTube: HOA Hell (https://www.youtube.com/@HOAHELLpodcastofficial)

    2 min

  4. APR 29

    Can a California HOA Stop You from Installing Solar Panels on Your Roof?

    In this HOA Q&A, HOA attorney Michael Kushner, the pioneer in homeowner-side HOA law in California, explains why HOAs cannot block homeowners from installing solar panels on their roofs and what limits California law places on the restrictions that HOAs are allowed to impose.   🎯 What You’ll Learn in This HOA Q&A: ✅ The role that Civil Code §§ 714 and 714.1 play in protecting homeowners’ solar rights. ✅ The hard limits on HOA restrictions on solar energy. ✅ What happens if your HOA fails to act on your application within the approval deadline.  California law strictly limits HOA authority over solar installations, and any restriction that increases cost, reduces performance, or delays approval beyond statutory limits is illegal.  Kushner has written extensively on this subject, so if you’d like to learn more about your rights to install panels on your home, check out the following Fact Sheets:  “Can Your California HOA Stop You from Going Solar?” [https://mbkchapman.com/hoa-solar-rights-california/]  “Can a California HOA Stop You from Installing Solar Panels?” [https://mbkchapman.com/can-california-hoa-stop-you-from-installing-solar-panels-fact-sheet/]  “HOA Solar Panel Restrictions in California” [https://mbkchapman.com/hoa-solar-panel-restrictions-in-california-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]  #HOALaw #CaliforniaHOA #BadHOA #HOAhell #DavisStirlingAct #HOASolar #SolarPanels #GreenHOAs  🔥 HOA Hell California’s #1 HOA attorney shares real legal tools to help homeowners fight back—and win. 👉 Got an HOA nightmare? Submit your question at HOAHELLpodcast@mbkchapman.com. more about your rights as a homeowner: https://MBKChapman.com 📲 Follow us:  Instagram: @mbkchapmanpc YouTube: HOA Hell (https://www.youtube.com/@HOAHELLpodcastofficial)

    2 min

  5. APR 27

    California HOA Attorney Fees: When Homeowners Can Recover Fees

    In this episode, California’s leading homeowner-side HOA attorney, Michael Kushner, explains the concept of fee shifting statutes in California HOA litigation (i.e., when a party is awarded their attorneys’ fees when they win the lawsuit). He also identifies each statute in the Davis-Stirling Act that award homeowners their attorneys’ fees when they prevail. Finally, Kushner explains who homeowners can use their knowledge of those attorneys’ fees provisions to strategize and plan before they ever file a lawsuit.  🎯 What You’ll Learn in Today’s Episode: ✅ What the American Rule is and why it’s important to understand it.  ✅ How attorneys’ fees statutes operate in California HOA disputes. ✅ The three different types of attorneys’ fees statutes and why the distinction matters a lot. ✅ The complete set of Davis-Stirling Act statutes that award homeowners their attorneys’ fees when they prevail.  This episode focuses on how attorneys’ fees provisions operate in HOA litigation and why identifying the correct statute is critical before deciding to move forward with a claim.  Useful Links From This Episode:  “When Can You Recover Attorney Fees from Your California HOA? Key Laws Explained” [https://mbkchapman.com/california-hoa-attorney-fees-statutes-fact-sheet/]  “Can I Recover My Attorney’s Fees If I Sue My HOA in California?” [https://mbkchapman.com/hoa-attorneys-fees-california/]  🎧 📞 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]  #HOAattorney #HOAlawyer #AttorneyFees #HOAlawsuit #HOAdisputes #CaliforniaHOA #DavisStirlingAct #badHOA #HOAhell  🔥 HOA Hell California’s #1 HOA attorney shares real legal tools to help homeowners fight back—and win. 👉 Got an HOA nightmare? Submit your question at HOAHELLpodcast@mbkchapman.com. more about your rights as a homeowner: https://MBKChapman.com 📲 Follow us:  Instagram: @mbkchapmanpc YouTube: HOA Hell (https://www.youtube.com/@HOAHELLpodcastofficial)

    49 min

  6. APR 23

    Can Sitting Directors Also Serve as Delegates in a California HOA?

    In this HOA Q&A, California’s leading homeowner-side HOA attorney, Michael Kushner, addresses whether directors, candidates, or their spouses can serve as delegates and how delegate systems impact recall elections.  🎯 What You’ll Learn in This HOA Q&A: ✅ What the Davis-Stirling Act says about directors or candidates serving as delegates. ✅ How Corporations Code § 7152 governs delegate voting structures in HOAs. ✅ What role Civil Code § 5100(d) plays when recalls intersect with delegate systems.  Kushner breaks down how these issues intersect in real-world HOA elections and why the answer depends on how your association’s governing documents are structured.   🎧 📞 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]  #HOALaw #HOAlawyer #HOAattorney #CaliforniaHOA #BadHOA #HOAhell #DavisStirlingAct #DelegateVoting #HOAElections #HOARecalls  🔥 HOA Hell California’s #1 HOA attorney shares real legal tools to help homeowners fight back—and win. 👉 Got an HOA nightmare? Submit your question at HOAHELLpodcast@mbkchapman.com. more about your rights as a homeowner: https://MBKChapman.com 📲 Follow us:  Instagram: @mbkchapmanpc YouTube: HOA Hell (https://www.youtube.com/@HOAHELLpodcastofficial)

    2 min

  7. APR 20

    My HOA says it uses “delegate voting.” What does that even mean?

    In this HOA Q&A, California’s leading homeowner-side HOA attorney, Michael Kushner, explains what “delegate voting” means within the context of California HOAs and how it differs from the traditional one-member, one-vote system that most HOA members are used to.  🎯 What You’ll Learn in This HOA Q&A: ✅ How delegate voting differs from direct member voting. ✅ Why some large HOAs divide members into districts that elect delegates. ✅ The different ways delegates may be authorized to cast votes.  Kushner breaks down how delegate systems function inside certain large HOA communities, why they are structured differently from direct voting models, and how the governing documents determine what authority a delegate actually has. This is the first of two segments addressing delegate voting in California HOAs.  🎧 📞 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]  #HOAdelegates #HOALaw #CaliforniaHOA #HOAlawyers #HOAattorneys #BadHOA #HOAhell #DavisStirlingAct #HOAElections  🔥 HOA Hell California’s #1 HOA attorney shares real legal tools to help homeowners fight back—and win. 👉 Got an HOA nightmare? Submit your question at HOAHELLpodcast@mbkchapman.com. more about your rights as a homeowner: https://MBKChapman.com 📲 Follow us:  Instagram: @mbkchapmanpc YouTube: HOA Hell (https://www.youtube.com/@HOAHELLpodcastofficial)

    2 min

  8. APR 15

    Can California HOA Members Dissolve Their HOA?

    Thinking about dissolving your HOA?  In this episode, California’s foremost expert and homeowner-side HOA attorney, Michael Kushner, explains that while dissolving your HOA is certainly possible, the reality is far more complicated.   In this episode, attorney Michael Kushner breaks down what it actually takes to dissolve a California HOA, including the legal requirements and the multiple barriers that effectively stop the vast majority of dissolution attempts in their tracks.   🎯 What You’ll Learn in this Episode: ✅ Why dissolving an HOA is legally possible but rarely achievable in the real world. ✅ The surprisingly high approval requirement that stops most dissolution efforts before they get off the ground. ✅ The role that various third parties can play in preventing dissolution. ✅ What happens to common areas, liability, and ownership during and after dissolution. ✅ Why actually succeeding in dissolving an HOA almost always amounts to trading one problem for a worse problem.  This episode cuts through the misconceptions and shows why dissolving an HOA almost never solves the underlying problem, but instead, most often makes things worse than they were.   Links:  “Can You Dissolve Your California HOA?” [https://mbkchapman.com/dissolve-california-hoa-fact-sheet/]  “Can You Dissolve Your California HOA? What the Bad HOA Lawyer Got Wrong” [https://mbkchapman.com/bad-hoa-lawyer-california-dissolution-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]  #HOAdissolution #DissolveHOA #DisbandHOA #CaliforniaHOA #HOAlawyer #HOAattorney #DavisStirlingAct #badHOA #HOAHell  🔥 HOA Hell California’s #1 HOA attorney shares real legal tools to help homeowners fight back—and win. 👉 Got an HOA nightmare? Submit your question at HOAHELLpodcast@mbkchapman.com. more about your rights as a homeowner: https://MBKChapman.com 📲 Follow us:  Instagram: @mbkchapmanpc YouTube: HOA Hell (https://www.youtube.com/@HOAHELLpodcastofficial)

    48 min
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Ratings & Reviews

5
out of 5
6 Ratings

About

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. 

Information

  • Creator
    Michael Kushner
  • Years Active
    2025 - 2026
  • Episodes
    141
  • Rating
    Clean
  • Copyright
    © 2026 HOA HELL
  • Show Website
    HOA HELL

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