HOAs across California are misleading homeowners about what they can and can’t do when it comes to renting out their property. Whether it’s an arbitrary rental cap, an outdated restriction buried in the CC&Rs, or a flat-out ban, the result is the same: intimidation, confusion, and lost income. But the law tells a different story—and in this episode of HOA HELL, noted attorney and HOA expert Michael Kushner cuts through the noise.
You’ll hear how Civil Code §§ 4740 and 4741 actually work, why those provisions of the Davis-Stirling Act changed California’s rental landscape, and what to do if your HOA is still enforcing illegal restrictions.
🎯What You’ll Learn in this Episode
✅ Why most HOA rental bans are legally unenforceable.
✅ The truth about California’s “grandfathering” protections.
✅ The tactics HOAs and their lawyers use to bluff homeowners.
Kushner explains how the firm uses demand letters and the ADR process to shut down illegal enforcement early—and what happens when boards refuse to back down.
🔔 Subscribe for More: If you’re tired of HOA nonsense and ready for real answers, subscribe to HOA HELL and turn on notifications.
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🗨️ Leave a comment—especially if you’ve got a question.
🌐 📞Want to talk to an attorney at MBK Chapman? Contact us at www.mbkchapman.com. Let us know that you heard about us from the podcast, HOA HELL.
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.
📌 Hashtags: #HOALaw #DavisStirlingAct #HOARentalRestrictions #michaelkushner #lukecarlson #lscarlsonlaw #badhoa #mbkchapman
🔥 HOA Hell
When your HOA goes rogue, we go to war.
California’s top HOA attorney shares real legal tools to help homeowners fight back—and win.
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