In this episode of HOA HELL, attorney Michael Kushner exposes one of the most disturbing recent legal tactics used by HOA law firms today: labeling homeowners as “harassers” and threatening restraining orders against them for doing nothing more than filming rule violations, questioning unauthorized vendor activity, or demanding enforcement of the governing documents.
Michael walks viewers through two real cease-and-desist letters sent by two of California’s top HOA-side firms—letters that don’t just misstate the law, but intentionally distort it beyond recognition. One firm threatened to sue for tortious interference because a homeowner took pictures. Another claimed a homeowner “assaulted” a landscaper by asking questions. Both weaponized harassment law in ways that would never hold up in court, but might scare an uninformed homeowner into silence.
🎯 What You’ll Learn in This Episode:
✅ Why photographing HOA vendors or questioning unauthorized work is not harassment.
✅ How Civil Code of Procedure § 527.6 is being misused to bully homeowners.
✅ Why hostile work environment standards don’t apply to homeowners in the HOA setting.
✅ What the Davis-Stirling Act actually allows and what it doesn’t.
✅ How to fight back if you get one of these bogus “harassment” letters.
Michael breaks down the law, shows you what these letters actually say, and gives you the tools to hit back. This isn’t about safety. It’s about control. And this episode gives you the knowledge to call their bluff.
🔔 Subscribe for more full-length episodes and shorts to help you fight back against abusive HOA practices.
🌐 📞Need help? Contact MBK Chapman at www.mbkchapman.com. Mention the HOA HELL podcast for a discounted consultation.
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. Throug
🔥 HOA Hell
California’s #1 HOA attorney shares real legal tools to help homeowners fight back—and win.
📚 Tired of your HOA’s abuse? Preorder Michael Kushner’s new groundbreaking book, HOA HELL. HOA HELL is the firststep-by-step book that every California homeowner needs to fight back and win against bad HOAs from Hell.
💥 Amazon (Kindle) [https://tinyurl.com/tx47hmvn] | Barnes & Noble (Hardcover/Softcover) [https://www.barnesandnoble.com/s/hoa%20hell]
👉 Got an HOA nightmare? Submit your question at HOAHELLpodcast@mbkchapman.com for a chance to be featured on HOA Hell Queries.
📌 Learn more about your rights as a homeowner: MBKChapman.com
📲 Follow us:
Instagram: @mbkchapmanpc
YouTube: HOA Hell (https://www.youtube.com/@HOAHELLpodcastofficial)
