HOA HELL

Michael Kushner

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. HÁ 2 DIAS

    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
  2. HÁ 5 DIAS

    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
  3. 15 DE ABR.

    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
  4. 13 DE ABR.

    Can My HOA Force Me to Move Out for Termite Tenting in California?

    In this HOA Q&A, pioneering homeowner-side HOA attorney Michael Kushner, a pioneer in homeowner-side HOA law in California, addresses a community-wide termite tenting project following years without inspections, and explains the legal issues tied to maintenance responsibility, board decision-making, and homeowner displacement and security.  🎯 What You’ll Learn in This HOA Q&A: ✅ Why termite tenting may be appropriate in a condominium community under Civil Code § 4775. ✅ How a six-year gap in inspections or maintenance can support a claim of negligent maintenance. ✅ What documentation, approval, and security measures homeowners are entitled to demand before being required to vacate their units.  A large-scale tenting project may be justified, but the HOA must be able to show how it reached that decision, what alternatives were considered, and what steps are being taken to protect homeowners and their property during the process.  🎧 📞 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 #HOATermites #HOAMaintenance #HOARepairs 🔥 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. 10 DE ABR.

    Can a California HOA Hold Secret "Planning Meetings" Without Notice or Minutes?

    In this HOA Q&A, HOA attorney Michael Kushner, widely regarded as California’s most experienced homeowner-side HOA lawyer, explains why an HOA board cannot avoid the Open Meeting Act by relabeling meetings as “planning sessions.”  🎯 What You’ll Learn in This HOA Q&A: ✅ When discussions regarding HOA business qualifies as a board meeting under Civil Code § 4090(a). ✅ What the Open Meeting Act requires in terms of notices, agendas, and minutes under Civil Code §§ 4900–4955. ✅ Why backdated minutes raise serious credibility issues and can undermine the board’s actions.  If a quorum of directors meets to discuss HOA business, then they must comply with the Open Meeting Act, and HOA board members who ignore that, or any other part, of the Davis-Stirling Act expose themselves and the HOA to significant liability.  🎧 📞 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 #OpenMeetingAct #HOABoardMeetings #HOALawyer #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)

    2 min
  6. 8 DE ABR.

    Can a California HOA Stop You from Speaking at a Board Meeting Because Your Topic Isn’t on the Agenda?

    In this HOA Q&A, pioneering homeowner-side HOA attorney, Michael Kushner, explains why a board cannot cut off a homeowner during open forum simply because the topic is not listed on the meeting agenda.  🎯 What You’ll Learn in This HOA Q&A: ✅ That Civil Code § 4925 guarantees members the right to speak at board meetings. ✅ That Civil Code § 4930 allows homeowners to address any matter within the HOA’s jurisdiction during open forum and how the agenda requirements of the Open Meeting Act do not apply to members. ✅ Why boards cannot silence a member early, or direct management to do so, based on disagreement with the topic.  Homeowners have the right to speak during open forum on matters within the HOA’s jurisdiction, and that right cannot be limited by the agenda or cut short based on the board’s subjective preferences.  🎧 📞 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 #HOAOpenMeetings #HOABoardMeetings #HOARights #HOAattorney #HOAlawyer #HOAOpenMeetingAct  🔥 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. 6 DE ABR.

    California FAIR Plan 2026 & Altadena / Palisades Fires: Why Many HOA Owners Are Underinsured

    As the devastating fires that swept through Altadena, the Palisades, and Malibu in early 2025 showed us, California’s FAIR Plan is the only fire insurance coverage option available to many homeowners who live in high fire risk areas. And after those fires, more and more of those homeowners and their HOAs are learning that coverage under the FAIR Plan may not be enough to rebuild.   In this episode, California’s foremost homeowner-side HOA attorney, Michael Kushner, explains how the FAIR Plan works, why traditional insurers stopped offering coverage in high fire risk areas, what many homeowners are now facing after a total loss.  🎯 What You’ll Learn in today’s episode of HOA HELL: ✅ Why more California homeowners are being pushed onto the FAIR Plan. ✅ How coverage limits compare to real rebuild costs in today’s market. ✅ Why condo and townhome owners face added financial exposure through HOA insurance.  This episode connects what is happening in the insurance market to what homeowners are now experiencing on the ground.  Helpful Links:   “Altadena & Palisades Fires: Why California FAIR Plan Insurance Isn’t Enough to Rebuild” [https://mbkchapman.com/california-fair-plan-rebuild-cost-altadena-palisades-fact-sheet/]  “Can My HOA Force Me to Pay a Special Assessment After the Altadena and Palisades Fires?” [https://mbkchapman.com/altadena-palisades-hoa-fire-special-assessment-fact-sheet/]  “Can My California HOA Block Me from Rebuilding After the Palisades Fire or Other Disasters?” [https://mbkchapman.com/can-my-california-hoa-block-rebuilding-after-palisades-fire-diaster-fact-sheet/]  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]  #CaliforniaFAIRPlan #HOAinsurance #WildfireInsurance #HOAlawyer #HOAattorney #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)

    48 min
  8. 1 DE ABR.

    KFI’s Bill Handel Endorses HOA Attorney Michael Kushner

    Is your HOA targeting you, imposing illegal fines, or abusing its power? Nationally syndicated radio host Bill Handel (KFI AM 640, “Handel on the Law”) has a direct message for California homeowners: YOU DON’T HAVE TO FIGHT ALONE.  In this unpaid personal endorsement, Radio Hall of Fame inductee Bill Handel endorses Michael Kushner, the pioneering homeowners-side HOA attorney he has trusted personally and professionally for over 20 years. As the author of the Amazon bestseller HOA HELL and host of the hit podcast of the same name, Kushner is widely regarded as California’s premier advocate for homeowners in disputes with their bad HOAs.  Why Bill Handel trusts Michael Kushner:  ✅ Kushner is the Definitive Authority. As the pioneer in homeowner-side HOA law in California and as the author of the Amazon bestseller HOA HELL, Kushner literally wrote the book on beating bad HOAs in California. ✅ Unwavering Advocacy. Kushner’s HOA’s practice is dedicated exclusively to representing homeowners living in HOA HELL.  ✅ A Trusted Endorsement. Handel doesn’t just put his name behind anyone. He trusts Kushner to handle the toughest HOA cases and to hold bad HOAs accountable.  ✅ Decades of Collaboration. Handel has relied on Kushner for over 20 years, not only as his personal attorney, but also as his on-air go-to HOA expert.   If your HOA is targeting you, imposing unlawful fines, or abusing its power, contact Michael Kushner’s law firm, MBK Chapman, at (949) 666-3036 or visit https://HOAHELL.com.   🔔 Subscribe for more powerful legal tools to hold your bad HOA accountable.  🎧 Listen to Kushner’s full-length HOA HELL podcasts on YouTube @hoahellpodcastofficial, or wherever you listen to your podcasts.  🌐 📞Want to talk to Michael Kushner or the attorneys at his law firm, MBK Chapman? Contact us at https://mbkchapman.com or go to https://HOAHELL.com. Mention the HOA HELL podcast for a discounted consultation.  Disclaimer:   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.    About:   Michael Kushner is the attorney who pioneered this niche area of the law—representing homeowners in disputes with their HOAs—in California. He created and taught the systems now used by the biggest law firms in the state focused on HOA litigation. Through his firm, MBK Chapman, and now through HOA HELL, Kushner continues to give homeowners practical legal tools to fight back.  #HOAhell #billhandel #handelonthelaw #kfi #am640 #HOAnews #HOAlawyer #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

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5
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Sobre

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. 

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