HOA HELL

Michael Kushner
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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. HACE 1 DÍA

    Can Your Neighbor Pepper Spray Your Dog Based on Fear Alone?

    In this Q&A, HOA attorney Michael Kushner addresses whether a neighbor was legally justified in pepper spraying a dog that was behind a wall on its owner’s property in a California HOA community.  🎯 What You’ll Learn in This HOA Q&A: ✅ When Penal Code § 597 makes intentionally injuring an animal a crime. ✅ What “imminent threat” actually means under California law. ✅ How misidentification, prior harassment, and retaliatory conduct affect liability analysis.  Kushner explains that fear alone does not justify the use of force against a dog that remains on its owner’s property and poses no immediate risk of harm. Grounded in Penal Code § 597, this discussion clarifies how California law evaluates “imminent threat,” why speculation or assumptions are insufficient, and how a pattern of prior complaints can influence whether conduct appears defensive or retaliatory.  🎧 📞 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] #HOALaw #HOAlawyers #HOAattorneys  #CaliforniaHOA #BadHOA #HOAhell #DavisStirlingAct #HOANuisance #HOADisputes #Animalabuse #Dogbite 🔥 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. HACE 5 DÍAS

    Electronic Voting in California HOAs

    Most California HOAs still have not rolled out electronic voting, even though the law has allowed it since January 1, 2025. That is because the law is not automatic, and HOAs have to do real homework before electronic voting is legal in their specific community.  In this episode, California’s leading homeowner-side HOA lawyer, Michael Kushner, explains California’s electronic voting law and what has to happen before your HOA can switch from paper ballots to electronic voting without creating a challengeable election. Kushner walks through the practical requirements HOAs have to satisfy before switching to electronic voting, including rule adoption, opt-out rights, inspector involvement, and the need to preserve ballot secrecy and election integrity.  What You’ll Learn in this Episode: ✅ What California’s electronic voting law allows HOAs to vote on electronically. ✅ What your HOA must do before electronic voting is legal in your community. ✅ Why ballot secrecy and inspector oversight still control the process. ✅ Why small claims court, while permitted under the statute, may not always be the best option. ✅ How members can challenge an improper election and what the timeline looks like.  In short, this episode gives homeowners a primer on the ins and outs of the electronic voting rules instituted by the Davis-Stirling Act in California HOAs.  🎧 📞 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]  #ElectronicVoting #HOAElections #InspectorOfElections #CivilCode5105 #HOAlawyers #HOAattorneys #HOAreform #DavisStirlingAct #CaliforniaHOA #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)

    40 min

  3. 18 FEB

    Can an HOA Board Remove a Director by Censuring Them?

    When an HOA board votes to “censure” one of its own directors, it often sounds like discipline. It sounds serious. It sounds like removal. But in California HOAs, censure is something much narrower, and it is frequently misunderstood or misused.  🎯 What You’ll Learn in This 1-Minute Tip: ✅ Why censure is not removal from the board. ✅ Why a censured director keeps full voting and participation rights under Civil Code § 5350. ✅ How bad HOA boards weaponize censure to intimidate dissenting directors.  A censure is a recorded expression of disapproval. It does not remove a director, strip voting rights, suspend fiduciary duties, or impose penalties. A censured director remains a full board member and may attend meetings, speak, make motions, and vote. In bad HOAs, however, bad boards often misuse censure to create a negative paper trail, damage credibility, and chill reform efforts. When that happens, the issue shifts from governance to abuse of authority.  🎧 📞 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]  #HOACensure #HOAreprimand #HOAattorney #HOAlawyer #HOABoardDisputes #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)

    2 min

  4. 16 FEB

    Are HOA Boards Required to Keep Member Complaints Confidential?

    While HOA boards do not have to keep every homeowner complaint confidential just because someone asks, there are situations where an HOA must keep member communications confidential. This episode covers two scenarios that come up constantly in HOAs. One involves a neighbor complaint and a disturbing pet-related incident, so trigger warning for animal lovers. The other involves a homeowner reporting suspected financial misconduct by management, and what a director should do instead of forwarding the complaint to the accused vendor.  What You’ll Learn. ✅ The three categories where confidentiality is required by the Davis-Stirling Act. ✅ Why a request for confidentiality does not create a legal duty for the board. ✅ How even in the absence of a specific statute requiring confidentiality, mishandling a serious complaint can create fiduciary duty exposure under Corporations Code 7231. ✅ What to document when your HOA discloses protected information or handles complaints in bad faith.  Confidentiality is not the default in HOA governance. Boards must keep certain matters private under the Davis-Stirling Act, but most complaints are not protected just because a homeowner requests it. This episode shows where the legal lines are, and why boards can create serious exposure when they disclose the wrong information or mishandle high-stakes complaints.  🎧 📞 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 #HOAConfidentiality #ExecutiveSession #HOADiscipline #HOAFines #HOAFiduciaryDuty #HOAManagement #HOAWhistleblower  🔥 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)

    42 min

  5. 13 FEB

    California HOAs: When the Business Judgment Rule Does Not Apply

    Bad HOA boards in California love to cite the Business Judgment Rule as if it ends the conversation. It doesn’t. In California, the Business Judgment Rule does not protect boards that act in bad faith, ignore their duties, or refuse to act at all.  🎯 What You’ll Learn in This 1-Minute Tip: ✅ When directors in California HOAs lose the protections afforded by the Business Judgment Rule. ✅ The types of conduct that strip directors of legal protection.  This is Tip 2 of a 3-part 1-Minute Attorney Tip series on the Business Judgment Rule. In this segment, attorney Michael Kushner explains where the presumption of reasonableness breaks down and why HOA boards cannot hide behind the presumption of reasonableness granted to them under the BJR when they ignore their duties or act outside the law.   🎧 📞 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]  #HOAlawyer #HOAattorney #BusinessJudgmentRule #BJR #HOABoardDuties #DavisStirlingAct #CaliforniaHOA #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. 11 FEB

    Your Right to Equal Access in HOA Elections

    If your HOA lets sitting board members use the newsletter, email list, website, or clubhouse during an election, it cannot pick favorites. The Davis-Stirling Act requires equal access once HOA resources enter the campaign arena. When incumbents get the microphone, challengers get it too. If the board tips the scale, homeowners can challenge the election.  🎯 What You’ll Learn in This 1-Minute Tip: ✅ What “equal access” means in terms of HOA election laws under Civil Code § 5105. ✅ Which HOA communication channels trigger equal access obligations. ✅ How unequal access puts an HOA election at risk.  This Tip explains how equal access works in HOA elections. Once an HOA allows any candidate to use clubhouse, newsletters, email blasts, websites, portals, bulletin boards, or management communications, the board must provide the same access on the same terms to every candidate. When boards pick favorites, they’re breaking the law.  🎧 📞 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 #HOALawer #CaliforniaHOAs #HOAelections #BadHOA #HOAhell #HOAattorney  🔥 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)

    1 min

  7. 9 FEB

    Water Intrusion in California HOAs (Part 2)

    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 California HOAs into expensive and drawn out disputes. The focus is on what happens after water enters a home and how insurance, deductibles, relocation, remediation, mold, and HOA delay interact to create new damage and new exposure.  What You’ll Learn. ✅ How HOA master policies and HO-6 policies interact and where gaps create problems. ✅ Why deductible responsibility depends on governing documents, not HOA shortcuts. ✅ When relocation costs fall on homeowners and how HOA delay can shift those costs back. ✅ Why water intrusion does not automatically mean mold, and when remediation becomes a health issue.  In this conclusion to his two-part episode on water leaks in HOAs, Kushner explains how delay after notice can create new damage, new expenses, and new exposure that did not exist at the outset. This episode also covers the concrete steps homeowners should take to document problems, push for action, and protect themselves when an HOA minimizes, stalls, or mishandles a water intrusion event.  🎧 📞 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 #WaterIntrusion #HOAWaterDamage #HOAInsurance #HOADeductibles #HOARelocation #HOAMold #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)

    55 min

  8. 3 FEB

    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
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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. 

Información

  • Creador
    Michael Kushner
  • Años de actividad
    2025 - 2026
  • Episodios
    118
  • Clasificación
    Apto
  • Copyright
    © 2026 HOA HELL
  • Mostrar sitio web
    HOA HELL