HOA HELL

Michael Kushner
  • 5.0 (4)
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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. 5D AGO

    Who Gets to Pick the Location for an IDR in California HOAs?

    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 place” legally requires from both homeowners and HOAs. ✅ How homeowners should respond when an HOA refuses to agree to a reasonable IDR location.  Attorney Michael Kushner grounds this discussion in the IDR framework established in the Davis-Stirling Act (at Civil Code § 5915) by explaining how the law limits both sides and requires good-faith cooperation on the logistics of selecting a location for an IDR.   🎧 📞 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 #IDR #CaliforniaHOA #HOAhearing #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)

    2 min

  2. 6D AGO

    Water Intrusion in California HOAs (Part 1)

    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 homeowners thousands of dollars.  What You’ll Learn: ✅ Why water leak disputes in HOAs are more complicated than most homeowners are told. ✅ Why understanding the difference between separate interest, common area, and exclusive use common area is important in water leak disputes. ✅ Why where the water came from matters more than where the damage shows up. ✅ How the Davis-Stirling Act’s default HOA rules apply when CC&Rs are silent. ✅ The common myth surrounding who’s responsible for leak-related damage to your personal property.  This episode also walks you through why “studs-in versus studs-out” shortcuts are unreliable, why the source of the leak drives responsibility, and why HOAs are not automatically responsible for all damage inside your unit just because water came from a roof, pipe, or exterior wall. You’ll also learn why homeowner actions after discovering a leak can make or break a claim, and when HOA conduct can shift liability for damage that otherwise would not be covered.  Part 2 will build on this discussion by covering insurance issues, deductibles, relocation costs, and mold and remediation, and other important information. 🎧 📞 If you enjoyed this episode, please like and subscribe to HOA HELL. 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 #HOAhell #badHOA #waterleak #waterintrusion #HO-6  🔥 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)

    1h 2m

  3. JAN 29

    Does Serving Alcohol at an HOA Event Create Legal Liability?

    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 HOA is protected as a social host under Civil Code § 1714. ✅ The single circumstance where social host protection may be lost even if the HOA charges a fee to attend. ✅ How Civil Code § 1714 and Business & Professions Code § 25602.1 interact in HOA events.  Kushner explains that liability for alcohol-related injuries does not turn on whether an HOA charged a fee to attend an event. Under Civil Code § 1714, furnishing alcohol is generally not the legal cause of injury. Instead, liability will typically only arise in the narrow circumstance where alcohol is knowingly furnished to a minor. Absent a minor, HOA events where alcohol is served to adults probably remain protected under California social host laws, even if a fee is charged.   🎧 📞 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]  https://youtube.com/shorts/06EzUApDg3o  #DavisStirlingAct #CaliforniaHOA #HOAhell #badHOA #socialhost  🔥 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. JAN 28

    Avoiding the Bad HOA Lawyer

    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 Episode  ✅ The 3 filters you should always use before you ever hire an HOA law firm. ✅ Why reviewing a law firm’s published articles is the first and most important filter. ✅ How sloppy writing and legal errors signal deeper problems in real cases. ✅ Why trial experience by the named partner is a “must” before you hire their firm. ✅ How to identify red flags that should end a consultation immediately.  This episode walks through the three core filters homeowners should use before hiring an HOA lawyer. Kushner explains why poorly written articles, incorrect legal statements, and jurisdictional confusion are not harmless mistakes, but warning signs of superficial knowledge and false authority. The discussion also breaks down why marketing visibility is not the same as legal authority, how AI-driven content can mislead homeowners into thinking that a law firm is a leader in the field, and why strategy, cost, and experience must align before you trust a firm with your HOA dispute.  🎧 📞 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 is the widely accepted leader in homeowner-side HOA law in California. He's also the managing partner of MBK Chapman, and author of the best-selling book, HOA HELL, in which he 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 #HOAhell #badHOA #lscarlsonlaw #lukecarlson #HOAlaw #HOAdisputes #HOAlawyer #HOAlegalhelp  🔥 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)

    1h 20m

  5. JAN 26

    Incumbents Cannot Use HOA Resources to Campaign*

    * 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-Minute Tip: ✅ What California Civil Code § 5135 prohibits during HOA elections. ✅ Which HOA resources boards commonly misuse for campaign purposes. ✅ How the equal access rule contained in Civil Code § 5105 fits into election compliance.  This Tip explains where the legal line is and how boards cross it by disguising campaign messaging as “informational” content. When board members use newsletters, email lists, websites, or management companies without giving equal access to challengers, they’re breaking the law.  🎧 📞 If you enjoyed this Tip, 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 #HOAElections #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)

    2 min

  6. JAN 22

    Can My HOA Give a Homeowner Temporary Exclusive Use of the Clubhouse Without a Member Vote?

    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&A:  ✅ Why temporary reservations don’t constitute a grant of exclusive use under Civil Code § 4600. ✅ When favoritism or lack of equal access could turn legal use into an abuse of power.  🎧 📞 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 #HOA #CommonArea #ExclusiveUse #HOAHell #BadHOA  🔥 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. JAN 21

    Are HOA Director Term Limits Enforceable in California?

    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. ✅ The potential problems associated with term limits and how smart boards address those problems.  This Tip explains how California law treats HOA director term limits and why the answer depends on how an association adopted them. It also touches on the practical realities boards face when strict limits collide with the realities of volunteerism.  🎧 📞 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 #HOATermLimits #HOAHELL #badHOA  🔥 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. JAN 19

    California HOAs: The Business Judgment Rule

    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 Judgment Rule does not decide disputes or bar lawsuits. ✅ How Corporations Code section 7231 creates the Business Judgment Rule. ✅ How bad HOAs misuse the Business Judgment Rule to intimidate homeowners. ✅ What to do when an HOA uses the Business Judgment Rule to shut down inquiry.  Attorney Michael Kushner explains that the Business Judgment Rule is a legal presumption, not a get-out-of-jail-free card for bad HOAs. He walks through why the doctrine shows up repeatedly in HOA disputes and how boards and managers misuse it as a pressure phrase.   🎧 📞 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]  #BusinessJudgmentRule #BJR #HOAboard #HOAmanagement #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)

    43 min
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Ratings & Reviews

5
out of 5
4 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
    111
  • Rating
    Clean
  • Copyright
    © 2026 HOA HELL
  • Show Website
    HOA HELL