In this 1-Minute Attorney Tip, California HOA attorney Michael Kushner breaks down a common (and illegal) HOA tactics: penalizing homeowners without proper notice.
Under Civil Code section 5855, your HOA must give you at least 10 days’ written notice before holding a disciplinary hearing—and the notice must include the date, time, and reason. If your board fines you or suspends your rights without that notice, their action is legally invalid.
This isn’t a technicality—it’s a defense. You can demand reversal and, if needed, raise it in small claims or superior court. Know your rights before you pay an illegal fine.
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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 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.
#HOALaw #CaliforniaHOA #IllegalHOAFines #HomeownersRights #DueProcess #michaelkushner #lukecarlson #lscarlsonlaw
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