Shows
HOA HELLCalifornia HOA Disability Accommodations: When Your HOA Must Say Yes (Part 1)In this two-part episode of HOA HELL on disability rights in California HOAs, attorney Michael Kushner focuses on how the law treats homeowners with disabilities. What You’ll Learn in This Episode ✅ How federal and California law treat disability differently.✅ The types of accommodation requests that commonly trigger HOA resistance.In Part 1, attorney Michael Kushner explains how everyday accommodation requests—like parking changes, ramps, handrails, lifts, and access to common areas—turn into major disputes in bad HOAs. He breaks down the three legal frameworks that control these issues: the Federal Fair Housing...
2025-12-2934 minHOA HELLCan My California HOA Stop Me from Renting Out My Home?In this episode, attorney Michael Kushner explains how rental restrictions work under the Davis-Stirling Act. He also walks through common HOA tactics that create improper hurdles for owners, the financial consequences to an HOA that blocks lawful rentals, and what homeowners can do if their HOAs are violating the law. What You’ll Learn in This Episode ✅ How Civil Code sections 4740 and 4741 limit HOA authority. ✅ Why ADUs and JADUs get treated differently than other types of housing.✅ What steps to take when your HOA interferes with your rental rights. This episode...
2025-12-2237 minHOA HELLCalifornia HOA Questions Answered: Ask Me Anything (Vol. 1)Attorney Michael Kushner tackles real questions from California homeowners in this special “Ask Me Anything” episode of HOA HELL. From neighbor disputes and property damage, to HOA governance, every question comes directly from listeners of the podcast. What You’ll Learn in This Episode ✅ When smoke from a neighbor’s wood smoker crosses the line into an actionable nuisance that interferes with the use and enjoyment of your home.✅ How California law treats overhanging branches, fruit, line fences, and falling trees between neighboring properties.✅ Why using an ultrasonic device to punish someone’s dogs c...
2025-12-1538 minHOA HELLCalifornia HOAs and Contractor Licensing: What Homeowners Can Demand Before Work BeginsIn this episode, attorney Michael Kushner tackles an important question: Do you have a right to see the license and insurance information of a contractor hired by your HOA before the contractor commences work on your property? Kushner explains why, even though the Davis Stirling Act is technically silent on this specific point, California law very likely implies that the answer is yes. 🎯 What You’ll Learn in This Episode:✅ How unlicensed or uninsured contractors hired by your HOA can expose every homeowner to catastrophic liability.✅ How provisions in both the Civil and Labor Code...
2025-12-0846 minHOA HELLCalifornia HOA Conflicts of Interest: What Homeowners Must Watch ForIn this episode of HOA HELL, attorney Michael Kushner explains how conflicts of interest arise naturally inside California HOAs and why they only become a serious problem when boards fail to disclose them or handle them correctly. 🎯 What You’ll Learn in This Episode:✅ How the law defines a “conflict of interest.”✅ The legal difference between abstaining and recusal.✅ How conflicts of interest commonly appear in most HOAs.✅ How to use Civil Code 5200 record requests to detect undisclosed conflicts.✅ What steps homeowners can take when they find red flags. Ku...
2025-12-0245 minHOA HELLCalifornia HOA's: The Open Meeting ActIn this episode of HOA HELL, attorney Michael Kushner explains how California’s HOA Open Meeting Act works.🎯 What You’ll Learn in This Episode:✅ What the Open Meeting Act is and the most common ways that HOAs in California violate it. ✅ The notice and agenda rules for all types of board meetings.✅ The five specific topics that may be discussed in executive session and why everything else must be handled in open meetings.✅ How emergency board meetings work.✅ What you need to know about minutes. Kushner not only...
2025-11-2445 minHOA HELLCalifornia HOA Common Areas: Who is Responsible for Maintenance and Repairs?In this 1-Minute Atty Tip, attorney Michael Kushner explains who’s responsible for the maintenance, repair, and replacement of HOA common areas and exclusive use common areas. 🎯 What You’ll Learn in This 1-Minute Atty Tip:✅ The default responsibility rules under Civil Code 4775.✅ When HOAs must pay for repair, replacement, and maintenance of common area components.✅ How responsibility works for exclusive use common area components.✅ What to do when your HOA wrongly claims you owe for repairs you are not responsible for. 📚 Tired of your HOA’s abuse? Preorder Mic...
2025-11-2001 minHOA HELLCalifornia HOA Pre-Lien Letter? Ignoring it Could Cost You Your HomeIf you receive a pre-lien letter from your HOA, you cannot ignore it. In this 1-Minute Atty Tip, attorney Michael Kushner breaks down what a pre-lien notice is, why you must not ignore it, and what you should do if you receive one. 🎯 What You’ll Learn in This 1-Minute Atty Tip:✅ What a pre-lien letter is and why it signals real risk to your property.✅ The 30-day notice requirement before an HOA can record a lien or begin foreclosure.✅ The immediate steps you can take to dispute charges, demand documentation, or resolve t...
2025-11-1801 minHOA HELLCalifornia HOAs and Selective Enforcement: How to Spot it and How to Stop ItAttorney Michael Kushner breaks down one of the most common forms of HOA abuse in California: selective enforcement. This episode explains how homeowners can recognize selective enforcement, prove it, and demand equal treatment under California law. 🎯 What You’ll Learn in This Episode:✅ What selective enforcement looks.✅ How favoritism and retaliation play a role in selective enforcement.✅ The steps to take when your HOA targets you. Selective enforcement isn’t just unfair, it’s illegal. 📚 Preorder Michael Kushner’s new groundbreaking book, HOA HELL. HOA HELL is the book that e...
2025-11-1740 minHOA HELLNeighbor Blocking Your Driveway? Your HOA Cannot Ignore The IssueA neighbor keeps blocking your driveway and your HOA says it’s a private dispute? That’s not just frustrating. It’s wrong. In this 1-Minute Attorney Tip, attorney Michael Kushner explains why HOAs have a legal duty to enforce the governing documents. 🎯 What You’ll Learn in This 1-Minute Tip:✅ Why HOA boards are required to enforce rules about ingress, egress, and parking, and why “work it out with your neighbor” is the wrong answer.✅ What legal tools homeowners can use to force board action. If your HOA is picking and choosing when to...
2025-11-1401 minHOA HELLCan Your HOA Change the Rules Without a Vote? What California Law Actually SaysIn this episode of HOA HELL, attorney Michael Kushner explains how rulemaking works in California HOAs and when HOA boards must go to the membership for a vote. 🎯 What You’ll Learn in This Episode:✅ How rulemaking authority must be in the CC&Rs or Bylaws and why rules cannot conflict with higher documents.✅ How a rule is legally adopted, including the notice-related timelines.✅ How certain HOA board actions require a membership vote (e.g., increasing special assessments beyond a certain level, transferring common area into exclusive use common area, etc.).✅ How t...
2025-11-1035 minHOA HELLHOA from Hell? This New Book Shows California Homeowners How to Fight Back and WinIn this special episode, attorney Michael Kushner reveals the inside story behind his groundbreaking new book: “HOA HELL | California Homeowners’ Definitive Guide to Beating Bad HOAs." In this episode, you’ll learn why HOA HELL is California’s ONLY definitive, practical, step-by-step guide for California HOA members. You’ll learn about his systems of “strategic persistence” and leverage “stacking,", and how those systems can you help you achieve real change in your HOA. This episode is about the roadmap itself: why the book exists, what problems it fixes, and how it empowers homeowners to act with confidence.
2025-11-0351 minHOA HELLCan My HOA Limit My Guests or What They’re Allowed to Do?Your HOA says your guests can’t use the pool or that you’re hosting too many visitors. Can they do that? In this HOA Q&A, attorney Michael Kushner explains when guest-related rules are enforceable and when your HOA may be crossing the line. 🎯 What You’ll Learn in This HOA Q&A:✅ Why your HOA can’t restrict who you invite into your home.✅ When guest use of common areas can be limited by rules.Michael explains the difference between valid guest restrictions and overreach, and what to do when the board g...
2025-10-3102 minHOA HELLCalifornia HOA Election Rules: How to Challenge Rigged or Illegal HOA ElectionsIn this episode of HOA HELL, attorney Michael Kushner explains how California HOA elections are supposed to work and what to do when boards cut corners or game the process. 🎯 What You’ll Learn in This Episode:✅ How secret balloting actually works.✅ The core duties of the designated inspector of elections and who can serve as a truly independent inspector.✅ Member voting rights.✅ Whether to file a lawsuit in small claims court or the superior court.This episode fills you in on the things you need to know about the...
2025-10-2743 minHOA HELLCan I Report My HOA to the State?Your HOA is breaking the rules, but can you report them to a state agency in California? In this HOA Q&A, attorney Michael Kushner explains why there’s no state oversight body for HOAs, and what legal options homeowners actually have when the board violates the law. 🎯 What You’ll Learn in This HOA Q&A:✅ That the Department of Real Estate and Attorney General don’t handle HOA complaints.✅ What enforcement tools homeowners do have.✅ How civil legal tools are the only real path to accountability. Michael explains what fru...
2025-10-2301 minHOA HELLCan HOA Board Members Go to Jail in California? What’s Actually a Crime (and What Isn’t)In this episode of HOA HELL, attorney Michael Kushner breaks down when California HOA board misconduct actually crosses the line from civil wrongdoing into criminal behavior. 🎯 What You’ll Learn in This Episode:✅ The difference between civil HOA violations and conduct that can lead to criminal charges.✅ Real examples of board misconduct that qualify as crimes, including embezzlement, theft by false pretenses, filing false documents, forgery, perjury, and criminal elder abuse.✅ Why some buzzwords, like “extortion,” “money laundering,” and “misappropriation of funds,” sound criminal but usually aren’t under California law.✅ How filing false do...
2025-10-2043 minHOA HELLCan My HOA Fine Me for Leaving My Trash Cans Out Too Long?Your HOA says you left your trash cans out too long and hits you with a fine. Is that legal? In this HOA Q&A, attorney Michael Kushner explains when trash can rules are enforceable and where boards often go too far. 🎯 What You’ll Learn in This HOA Q&A:✅ That HOAs are allowed to adopt rules about trash can timing.✅ Rules must meet the requirements of Civil Code § 4350.✅ Why next-morning deadlines are likely valid, but 7:00 p.m. deadlines may not be. Michael breaks down how reasonableness and consistency de...
2025-10-1501 minHOA HELLCan I Sue My HOA for Emotional Distress? What Actually Works in CaliforniaIn this episode of HOA HELL, attorney Michael Kushner explains how California law defines emotional distress and why the term means something very different inside a courtroom than it does in everyday life. 🎯 What You’ll Learn in This Episode:✅ The difference between ordinary emotional stress and the legal standards for emotional distress damages.✅ The elements of Intentional Infliction of Emotional Distress (IIED) and Negligent Infliction of Emotional Distress (NIED) under California law.✅ Why most HOA-related emotional distress claims fail and what evidence courts actually require.✅ How to document emotional dist...
2025-10-1334 minHOA HELLCalifornia HOAs and Mental Health: Harassment, Isolation, and Legal ProtectionsIn this episode of HOA Hell, attorney Michael Kushner tackles real-life mental health scenarios in California HOAs and explains how disability protections intersect with nuisance rules. You’ll hear how FHA and FEHA apply, where boards cross the line with harassment, public shaming, or refusing reasonable accommodations, and what practical accommodations and processes actually look like. 🎯 What You’ll Learn in This Episode:✅ How mental health conditions are treated as disabilities under FHA and FEHA, and why accommodations are required while health and safety remain paramount.✅ Examples of reasonable accommodations.✅ Where boards go wron...
2025-10-0626 minHOA HELLCalifornia HOAs: What is a Fiduciary Duty?In this episode of HOA Hell, attorney Michael Kushner breaks down what “fiduciary duty” actually means for California HOA boards and why it matters to your rights, your money, and your quality of life. You’ll hear plain-English examples of the two duties that make up the fiduciary duty in the HOA setting (i.e., the duty of care and the duty of loyalty), and you’ll learn how transparency defeats self-dealing, what confidentiality really requires, and the specific steps homeowners can take when they spot red flags. 🎯 What You’ll Learn in This Episode:✅ What the term “f...
2025-09-3035 minHOA HELLCalifornia HOA Problems: Easement Encroachment, Election Violations, and Service Animal RightsIn this consultation-centered, “grab-bag” episode of HOA Hell, attorney Michael Kushner walks through real homeowner consultations to show what works, what doesn’t, and how to avoid costly mistakes when dealing with your HOA. 🎯 What You’ll Learn in This Episode:✅ What an ADR demand means in the context of HOA disputes and the Davis-Stirling Act, and the risk of refusing to offer to participate in it.✅ Service animals amenities, the only two questions an HOA may ask, and why treating a service animal as a pet violates federal and state law.✅ Election bas...
2025-09-2533 minHOA HELLSelective Enforcement in California HOAs: How to Prove It and Fight BackIn this episode of HOA Hell, attorney Michael Kushner breaks down one of the most common homeowner complaints that his law firm (MBK CHAPMAN) hears from homeowners. Selective enforcement. If your HOA fines you while letting neighbors slide for the same thing, or if your HOA allows others to build things on their properties but denies you permission to build the same type of thing, then your HOA is engaging in selective enforcement, and that’s against the law. In this episode, Kushner explains how to recognize and deal with selective enforcement when it’s happening to you. 🎯 W...
2025-09-1841 minHOA HELLCalifornia HOAs: Service Animals, Emotional Support Animals, and What Homeowners Must KnowIn California HOAs, service animals and emotional support animals are not the same, and confusing them leads to conflict. In this episode, attorney Michael Kushner explains what your HOA can and can’t ask, when ADA does not apply, how FHA and California fair-housing rules come into play, and what real-world limits (leash/control, nuisance, waste) still apply. If your board is hassling you about your animal, this episode is for you. What You’ll Learn:✅ The core difference between service animals and emotional support animals.✅ The two questions an HOA may ask you when...
2025-09-1540 minHOA HELLCan Your HOA Ban Yoga or Stretching in Your Front Yard? The Law on HOA Aesthetic OverreachBelieve it or not, some HOAs in California have started citing homeowners for doing yoga, stretching, or light exercise in their own front yards. They claim that such activities violate vague “community aesthetic” standards. But under California law, boards can’t enforce made-up rules or govern your private behavior based on personal preference. In this 1-Minute Attorney Tip, HOA attorney Michael Kushner explains why HOA rules must comply with Civil Code § 4350, which requires that any operating rules be clear, objective, and reasonably applied. Boards cannot enforce vague aesthetic language, especially not against activities that are quiet, lawful, and harm...
2025-09-1202 minHOA HELLCan My HOA Ban Day Care Facilities in Our Community?Your HOA’s governing documents ban businesses, including day care. But is that legal? In this HOA Q&A, attorney Michael Kushner explains why California law protects licensed family day care homes, even inside HOAs that otherwise prohibit members from operating a business from their homes. 🎯 What You’ll Learn in This HOA Q&A: ✅ Small day care homes are considered “residential use” under California law.✅ HOAs can place reasonable restrictions on certain day care homes.✅ Blanket bans are illegal under state law. 🔔 Subscribe for more HOA Q&As to help you hold your HO...
2025-09-0502 minHOA HELLHOA Member and Tenant Rights: What California Law SaysIn this episode of HOA HELL, attorney Michael Kushner breaks down the critical differences between the rights of HOA members and tenants who reside in the community. From elections and board participation, to the use of amenities, the discussion highlights what tenants can and cannot do in HOA communities, and where the ultimate responsibility always falls (on the property owner/member). 🎯 What You’ll Learn in This Episode:✅ How HOAs can ban short-term rentals and why grandfathering rules matter.✅ The key rights that tenants do not have, including voting, board participation, recalls, and demanding...
2025-09-0239 minHOA HELLCan My HOA Enforce Rules That Conflict With State or Local Law?Your HOA has rules. But what happens if they go too far by conflicting with, or violating federal, state, or municipal law? In this HOA Q&A, attorney Michael Kushner explains when HOA rules are legally enforceable, and when they conflict with California law and become unenforceable. 🎯 What You’ll Learn in This HOA Q&A:✅ Why HOA rules must follow higher legal authority.✅ How an HOA can adopt stricter rules than state or local law, but only within limits.✅ What counts as a legal “conflict” vs. a lawful restriction.✅ When your HO...
2025-08-2901 minHOA HELLIf I Sue My HOA Will I Get My Attorney’s Fees Back?In this episode of HOA HELL, attorney Michael Kushner answers one of the most common homeowner questions: If I win a lawsuit against my HOA, will I get my attorney’s fees back? From the American Rule to Civil Code § 5975, Kushner explains when attorney’s fees can be recovered, what it means to be a “prevailing party,” and how these rules play out in HOA enforcement actions. Real-world examples show how outcomes differ depending on whether homeowners win outright, achieve their litigation objectives, or face mixed results. The episode also covers the role of mediation under Civil Code § 593...
2025-08-2829 minHOA HELLHOA CC&Rs: The Only Sections You Actually Need to ReadIn this episode of HOA HELL, attorney Michael Kushner walks homeowners through their CC&Rs, explaining which provisions they can safely skip and which ones they must read and understand. Instead of slogging through a hundred pages of legalese, this guide helps you focus only on the sections that directly impact your daily life and your rights as a homeowner. 🎯 What You’ll Learn in This Episode:✅ Which sections of your CC&Rs you should skip, and which parts you must read.✅ Which sections directly impact homeowners, from maintenance obligations and use restrictions to archite...
2025-08-2530 minHOA HELLCalifornia AB 130 Update: Predictions Come True as HOA Chaos UnfoldsIn this follow-up episode of HOA HELL, attorney Michael Kushner revisits AB 130 just weeks after it went into effect, and confirms that the fallout is happening exactly as he predicted. From client consultations to opposing counsel discussions to upcoming press coverage, the consensus is clear: AB 130 is already creating confusion, lawsuits, and unintended consequences. 🎯 What You’ll Learn in This Episode:✅ Why AB 130’s capping of HOA fines at $100 is already creating havoc.✅ How ambiguities in the law are fueling confusion among homeowners, HOAs, and even reporters.✅ Real client examples showing how the $100 f...
2025-08-2133 minHOA HELLCan My HOA Limit My Guests or What They’re Allowed to Do?Your HOA says your guests can’t use the pool or that you’re hosting too many visitors. Can they do that? In this HOA Q&A, attorney Michael Kushner explains when guest-related rules are enforceable and when your HOA may be crossing the line. 🎯 What You’ll Learn in This HOA Q&A:✅ Why your HOA can’t restrict who you invite into your home.✅ When guest use of common areas can be limited by rules.✅ How extended stays may be treated as unauthorized rentals.✅ When HOA guest restrictions must be...
2025-08-2002 minHOA HELLCan Your HOA Block You From Building an ADU in California?California law guarantees your right to build an accessory dwelling unit, or ADU. But that doesn’t stop some bad HOAs from trying to stop you, or at least make it so difficult that you might give up. In this 1-Minute Attorney Tip, attorney Michael Kushner explains what the law actually says about ADUs and what your HOA legally can and can’t do to stop you. 🎯 What You’ll Learn in This 1-Minute Tip:✅ Why Civil Code § 4751 protects your right to build an ADU.✅ What qualifies as an “unreasonable” restriction or delay.✅ Why requirin...
2025-08-1901 minHOA HELLCan My California HOA Stop Me From Building an ADU?HOAs across California are still trying to deny homeowners the right to build Accessory Dwelling Units (“ADUs”) even though Civil Code section 4751 says they can’t. In this episode of HOA HELL, attorney Michael Kushner breaks down what your rights really are under California law. ✅ What California law actually protects and what HOAs often get wrong.✅ The difference between ADUs and JADUs.✅ How bad HOAs try to delay, obstruct, or condition approval through illegal tactics.✅ What your HOA can require and where the line is legally drawn.✅ What to do when your boar...
2025-08-1833 minHOA HELLHOA Liens and Foreclosures in California: What Homeowners Need to KnowIn this episode of HOA HELL, attorney Michael Kushner breaks down the power California HOAs have to place liens and foreclose on homeowners and what you can do to protect yourself. From understanding the legal thresholds for foreclosure, to the differences between judicial and non-judicial processes, this episode explains the steps an HOA must follow, the rights you have along the way, and how to avoid the most common mistakes that cost people their homes. 🎯 What You’ll Learn in This Episode: ✅ The four main situations where you must pay money to your HOA, and h...
2025-08-1457 minHOA HELLCan My HOA Enforce Rules That Aren’t in the CC&Rs?Your HOA says you violated a rule, but it’s not in the CC&Rs. Can they really enforce it? In this HOA Q&A, attorney Michael Kushner explains how California law allows HOAs to adopt enforceable rules outside the CC&Rs, but only if the governing documents give them that power and the rule meets strict legal standards. 🎯 What You’ll Learn in This HOA Q&A:✅ Where an HOA’s authority to adopt rules come from.✅ The legal requirements for enforceable HOA rules under Civil Code § 4350.✅ When a board-adopted rule may be inval...
2025-08-1302 minHOA HELLHow to Recall Your HOA Board in California: Legal Process, Signature Rules, and Strategic TipsIn this episode of HOA HELL, attorney Michael Kushner breaks down the legal process for recalling your HOA board in California and why it can be one of the most effective tools for holding directors accountable. He explains the exact signature threshold required, what must be in a valid petition, how the recall election works, and how to counter common board tactics designed to stall or derail the process. Kushner also covers the strategic decision between targeting individual directors versus the entire board, how cumulative voting affects partial recalls, and why organizing your community beforehand can be t...
2025-08-1135 minHOA HELLHow HOA Management Companies Work and What to Do When Yours FailsIn this episode of HOA HELL, attorney Michael Kushner exposes the often-overlooked role that management companies play in California HOAs and how that role can spiral into abuse, neglect, or outright misconduct if left unchecked. Kushner walks listeners through exactly how management companies are hired, what their contracts say, and what they’re legally allowed, and not allowed, to do. He breaks down common red flags that signal mismanagement, and explains what tools homeowners can use to fight back even though the management company doesn’t report to them directly. This episode arms homeowners with a powe...
2025-08-0744 minHOA HELLCan Your HOA Cut Down Common Area Trees Without Telling You?Bad HOAs have a bad habit of removing trees from the common areas without warning, without a vote, and without any plan to replace them. But unless the trees in question pose a risk to people’s health and safety, that kind of unilateral action is likely a violation of California law. In this 1-Minute Attorney Tip, HOA attorney Michael Kushner explains how boards are bound by the Davis-Stirling Act and the CC&Rs when it comes to common area landscaping. Mature trees that provide shade, privacy, or noise protection can’t just be cleared away (with no re...
2025-08-0501 minHOA HELLHOA Architectural Guidelines: What Homeowners Can (and Can't) Do (Without Getting Denied)California law gives HOAs the power to regulate architectural changes, but it also puts strict limits on how that power can be used. In this episode of HOA HELL, attorney Michael Kushner breaks down how far your HOA can go when it comes to reviewing and denying your home improvement plans. From vague aesthetic denials to outright retaliation, Kushner explains what makes a denial unreasonable, arbitrary, or capricious under Civil Code § 4765, and what homeowners can do about it. 🎯 What You’ll Learn in This Episode:✅ What HOA architectural guidelines are and how they’re legally a...
2025-08-0441 minHOA HELLAB 130 and the $100 Fine Cap: How California Just Made HOA Problems WorseCalifornia’s new law capping HOA fines at $100 per violation is being celebrated by some as a win for homeowners. But in this episode of HOA HELL, attorney Michael Kushner breaks down why AB 130 is not the reform it appears to be, and why those so-called experts who support the law didn’t think through the consequences Kushner discusses. Based on his deep dive into the statute and its fallout, Kushner exposes how the law’s vague language, unintended consequences, and political underpinnings will actually create more chaos, more litigation, and more costs for homeowners across the state. 🔍 Wha...
2025-07-3136 minHOA HELLCan My HOA Require Me to Replace My Lawn With Drought-Resistant Landscaping?Your HOA says you have to tear out your grass and install drought-resistant landscaping, but is that legal? In this HOA Q&A, attorney Michael Kushner explains what California law actually says, and why your board may be overstepping if they try to force the change. 🎯 What You’ll Learn in This HOA Q&A:✅ What Civil Code § 4735 says.✅ Why boards can’t require turf removal unless the governing documents authorize it.✅ How cost can factor into whether a rule is legally “reasonable.”✅ Why prior approval of your landscaping matters. Micha...
2025-07-2902 minHOA HELLHOA Parking Rules EXPLAINED: Fines, Towing, and Your Legal RightsIn this episode of HOA HELL, attorney Michael Kushner takes on one of the most common and most infuriating HOA disputes in California: parking enforcement. From surveillance-fueled fines to predatory towing, HOAs across the state are abusing their power. This episode breaks down exactly what HOAs are allowed to do, what they’re not, and what you can do when your board crosses the line. NOTE TO LISTENER: THIS EPISODE WAS FILMED BEFORE AB 130’S LIMIT ON HOA FINES WENT INTO EFFECT. AS OF NOW, CALIFORNIA LAW LIMITS HOA FINES TO $100 REGARDLESS OF THE OFFENS...
2025-07-2828 minHOA HELLWhat Can an HOA Board Discuss in Executive Session in California?HOA board holding closed-door meetings—but not telling you why? Under California law, HOA boards are only allowed to discuss five specific topics in executive session. Anything else must be done in public. In this 1-Minute Attorney Tip, California HOA attorney Michael Kushner explains exactly what Civil Code § 4935 permits—and how boards routinely violate it. 🎯 What You’ll Learn in This 1-Minute Tip: ✅ The five topics an HOA board can legally discuss in executive session.✅ Why topics like “potential liability,” budgets, landscaping, or general liability must be discussed in open session.✅...
2025-07-2402 minHOA HELLHOA Drought Landscaping Rules: What California HOAs Can and Can’t EnforceCan your HOA force you to tear out your grass, install decomposed granite, or replace your flowers with cactus? Or can they fine you for not complying with state drought mandates or for letting your grass die? In this episode of HOA HELL, attorney Michael Kushner breaks down California Civil Code section 4735 and what it actually says about drought-tolerant landscaping and what your HOA can and can’t do about it. Whether your HOA is trying to mandate artificial turf or deny you the right to conserve water, this episode gives California homeowners the clarity they...
2025-07-2436 minHOA HELLDo Condo Owners Have to Make Fire Zone Disclosures in California?In this episode of HOA HELL, attorney Michael Kushner exposes a dangerous gap in California law that affects nearly every condo owner trying to sell in a high fire hazard zone. California Civil Code section 1102.19 requires specific fire-related disclosures when selling property in high-risk areas. The problem with that is that the law fails to account for the unique position of condo owners, who often don’t own or control the roof, walls, or landscaping. This mismatch between legal duty and actual authority puts condo sellers at risk for lawsuits, cancelled escrows, and potentially massive liability. Kushner bre...
2025-07-2237 minHOA HELLHOA Delaying Your Home Sale? You Can Do Something About ItEscrow is moving fast and suddenly your HOA won’t release the resale disclosures, inspection reports, or demand statement. You did everything right, but now your deal is falling apart, and the HOA’s silence is threatening to put you at financial risk. In this 1-Minute Attorney Tip, California HOA attorney Michael Kushner explains how sellers can enforce their rights when an HOA refuses to cooperate during escrow and why Civil Code section 5200 gives you the power to demand the documents your HOA is required to produce. 🎯 What You’ll Learn in This 1-Minute Tip:✅ What...
2025-07-1801 minHOA HELLWill My HOA’s Insurance Cover Damage Inside My Condo?If a pipe bursts or water leaks into your unit, will your HOA’s insurance cover the damage? In this HOA Q&A, attorney Michael Kushner tackles that question. 🎯 What You’ll Learn in This HOA Q&A: ✅ What HOA master insurance policies typically cover and what they don’t.✅ Why drywall, flooring, cabinets, and personal property are usually excluded from HOA policies.✅ What an HO-6 condo policy is, and why every condo owner should consider getting one.✅ When HOA negligence could make them liable for the damage inside your unit. 🔔...
2025-07-1801 minHOA HELLWhat Every California Homeowner Needs to Know About HOA Reserve Funds (Part 2-Conclusion)In this episode, Michael Kushner concludes this 2-part series by exposing how some boards don’t just underfund reserves, they engage in actual fraud. In this episode, Kushner exposes the deceptive tactics bad HOAs use to manipulate reserve studies, inflate their “percent funded” numbers, and avoid disclosing the true financial condition of their HOAs. From delisting major components and tampering with useful life calculations, to simply skipping reserve contributions altogether, Kushner walks you through how these schemes work, and how to recognize them. You’ll also learn what kinds of financial red flags to watch for in your HOA’...
2025-07-1742 minHOA HELLService Animals— What Your HOA Can & Can’t DoIn this 1-Minute Attorney Tip, California HOA attorney Michael Kushner explains how service animals are not pets under the law—and what your HOA can and cannot legally demand from you. Under both federal and California fair housing laws, service animals are assistive devices—like a wheelchair—and they’re protected. This includes dogs and, in some cases, miniature horses. Your HOA is legally allowed to ask only two questions: ✅ Is the animal required because of a disability? ✅ What work or task has it been trained to perform? Your HOA CANNOT:
2025-07-1401 minHOA HELLWhat Every California Homeowner Needs to Know About HOA Reserve Funds (Part 1)Most homeowners know their HOA is supposed to set aside money for future repairs, but few understand how those funds are calculated, what they’re actually for, or what the “percent funded” number on their annual budget summary really means. In this episode of HOA HELL, which is Part 1 of 2, attorney Michael Kushner walks you through the core elements of a reserve fund and reserve study, explains how they’re structured under California law, and breaks down exactly what your reserve study should be telling you. From “Useful Life” and “Remaining Life” to “Current Replacement Cost,” Kushner explains how to spot...
2025-07-1436 minHOA HELLEmotional Support Animals— What Your HOA Can & Can’t DoIn this 1-Minute Attorney Tip, California HOA attorney Michael Kushner explains your rights when it comes to EMOTIONAL SUPPORT ANIMALS—and how they differ from SERVICE ANIMALS under the law. Stay tuned for the next 1-Min Atty Tip, where I’ll cover SERVICE ANIMALS. But for now, here's what you need to know about emotional support animals: Under California and federal fair housing laws, an HOA must make reasonable accommodations for residents with a disability-related need for an emotional support animal—even if the HOA has a no-pets policy or rules about weight, breed, or number o...
2025-07-1202 minHOA HELLHow to Flip an HOA Election Using Cumulative VotingCan a small group of owners flip an HOA election—even without majority support?Yes, if your HOA uses cumulative voting. And most do, unless they’ve formally opted out. In this 1-Minute Attorney Tip, Michael Kushner explains how cumulative voting really works and how you can use it to break up an entrenched board majority. You’ll learn how vote-stacking works, why it’s effective in low-turnout elections, and why most election inspectors don’t even understand it. 🎯 What You’ll Learn in This 1-Minute Tip: ✅ What cumulative voting is—and how it differs fro...
2025-07-1101 minHOA HELLYou Have the Right to Install an EV Charging Station in Your Assigned Parking SpotIn this 1-Minute Attorney Tip, California HOA attorney Michael Kushner explains your legal right to install an electric vehicle charging station—even if your assigned parking spot is located in the common area. Under Civil Code section 4745, your HOA can’t ban EV chargers outright. They can impose reasonable conditions—like requiring permits, licensed contractors, and insurance—but they must respond within 60 days of your written request or it’s automatically approved by law. Kushner breaks down the requirements, the HOA’s limits, and how to push back if your board tries to stonewall you. 🔔 Subscrib...
2025-07-1101 minHOA HELLIs Your HOA Charging You for Attorney Fees? It’s a Scam, so Push BackSome HOAs are quietly charging homeowners thousands of dollars in attorneys’ fees without ever going to court, without winning a case, and without the legal right to do so. In this episode of HOA HELL, attorney Michael Kushner breaks down one of the most common and illegal tactics used by California HOAs: billing homeowners for legal fees during pre-litigation disputes. From consultation charges, to post-hearing letters, to general budget line items, Kushner exposes the ways boards (and their attorneys) disguise legal costs and illegally pass them on to unsuspecting homeowners. He explains what California law actually allows, wha...
2025-07-1024 minHOA HELLWhat’s the Difference Between a “Regular” Demand Letter and An ADR Demand Letter?In this 1-Minute Attorney Tip, California HOA attorney Michael Kushner explains why a standard demand letter might be a waste of time—and why an ADR Demand Letter under Civil Code §§ 5925–5940 gives you real legal leverage. Unlike informal letters that HOAs can simply ignore, an ADR Demand Letter triggers mandatory timelines and formal obligations to mediate. If the HOA refuses, that decision can come back to haunt them—even if they win in court. Civil Code § 5960 allows a judge to reduce or deny attorneys’ fees if a party unreasonably refuses to participate in ADR. And here's the st...
2025-07-1001 minHOA HELLNeighbor Disputes—Your HOA Can’t Pretend It’s Not Their ProblemIn this 1-Minute Attorney Tip, California HOA attorney Michael Kushner breaks down what your HOA must do when a neighbor is breaking the rules. If you’re dealing with a neighbor who’s violating the CC&Rs—loud noise, illegal rentals, harassment, or other disruptive behavior—your HOA can’t just shrug and say, “It’s not our problem,” or “That’s a neighbor-to-neighbor issue.” Wrong. Under California law, HOAs have a fiduciary duty to enforce the governing documents—including nuisance provisions. That means if your neighbor is interfering with your quiet enjoyment or safety, or is otherwise...
2025-07-0901 minHOA HELLIf Your Board Isn’t Providing You with the Mandatory Annual Disclosures, Make Them!In this 1-Minute Attorney Tip, California HOA attorney Michael Kushner explains why annual disclosures from your HOA aren’t just good practice—they’re required by law. Under the Davis-Stirling Act, your board must send out a disclosure package every year. That includes the budget, reserve funding plan, insurance summary, financial statements, and several key notices—like enforcement policies and dispute resolution procedures. If they’re not sending that package by the statutory deadline, they’re not just being sloppy—they’re violating California law. Homeowners have every right to demand compliance. And if demands don’t wo...
2025-07-0801 minHOA HELLWeaponizing Harassment: How HOAs Use that Word to Silence YouIn 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 cla...
2025-07-0837 minHOA HELLDoes My HOA Have to Enforce Every Violation of the CC&Rs?Does your HOA have to chase down every violation, no matter how small? In this HOA Q&A, attorney Michael Kushner explains why enforcement is one of the board’s core duties under California law—but also why the law gives boards discretion in how they enforce. 🎯 What You’ll Learn in This HOA Q&A: ✅ Why HOAs are legally required to enforce the governing documents.✅ When the board can choose not to enforce a technical or low-impact violation.✅ How selective enforcement can lead to legal liability—or invalidate the rule entirely.✅ W...
2025-07-0701 minHOA HELLIs Your HOA Ignoring Unsafe Common Areas? What the Law Requires in CaliforniaSome HOAs are failing to perform the most basic duty they owe to their members—maintaining, repairing, and replacing common area elements. In this episode of HOA HELL, attorney Michael Kushner breaks down why so many California HOAs fall short, how that failure puts you at legal and financial risk, and what red flags you should be watching for if your board is dragging its feet. From cracked stairways and leaking roofs to ignored inspection reports and deferred slope repairs, Kushner walks listeners through the most common scenarios where HOA neglect creates real danger. He also outlines exa...
2025-07-0744 minHOA HELLCan I Get My Attorneys’ Fees Back if I Sue My HOA?In this 1-Minute Attorney Tip, California HOA attorney Michael Kushner answers a question that every homeowner should ask before taking legal action: Can I recover my attorneys’ fees if I sue my HOA and win? In most cases, the answer is yes. California’s Davis-Stirling Act entitles the prevailing party to attorneys’ fees and costs in enforcement actions (Civ. Code, § 5975), as well as in other cases, such as upon prevailing in a Writ to compel the HOA to produce documents under Civil Code section 5200 (Civ. Code, § 5235). Even better, it’s highly likely that your CC&Rs contain a...
2025-07-0701 minHOA HELLSecurity Cameras—Yes, You Can Watch Your Own Front DoorIn this 1-Minute Attorney Tip, California HOA attorney Michael Kushner explains why your HOA can’t stop you from installing a video-only security camera—as long as it’s directed at your own front door or another area under your exclusive control. You can install a camera pointed at your front door, porch, or eave—as long as those areas are part of your separate interest or exclusive use common area. That’s where the law protects your right to safeguard your home and family. But here’s the boundary: you don’t have the right to install...
2025-07-0501 minHOA HELLGot Fined by Your HOA Without Notice? That’s Illegal.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 befor...
2025-07-0401 minHOA HELLWant to Rally Other Homeowners? Get the HOA Member ListIn this 1-Minute Attorney Tip, California HOA attorney Michael Kushner explains how to legally demand access to the HOA’s membership list—including names, property addresses, and email addresses. Under Civil Code sections 5200 and 5225, you’re entitled to this information as long as your request is reasonably related to your interest as a member. Most owners—and many board members—don’t realize that unless someone has affirmatively opted out, their email address must be disclosed too. If you want to organize a recall, oppose a rule, or just communicate with your neighbors, this tip gives you the...
2025-07-0301 minHOA HELLHOA Won’t Let You Park Your EV on the Driveway? Here’s What the Law Really SaysTrying to charge your electric vehicle—but your HOA’s driveway rules won’t let you?In this 1-Minute Attorney Tip, California HOA attorney Michael Kushner explains how neutral-sounding HOA rules—like “you must use your garage before parking on the driveway”—can end up disproportionately burdening EV owners. Under California law, HOAs aren’t required to install charging infrastructure, but they also can’t enforce rules that effectively block you from charging your EV at home without offering a reasonable alternative. 🎯 What You’ll Learn in This 1-Minute Tip:✅ Why some driveway restrictions...
2025-07-0201 minHOA HELLDemand for Internal Dispute Resolution (IDR): Your Free Legal Pressure ToolIn this 1-Minute Attorney Tip, California HOA attorney Michael Kushner explains how to invoke Internal Dispute Resolution (IDR)—a powerful, free legal tool that forces your HOA to the table. Under Civil Code section 5910, if you request an IDR meeting, the board is legally required to participate. Most homeowners have no idea this right exists. But a simple written request can shift the balance, build a paper trail, and show that you’re acting reasonably while the board may not be. Kushner explains when to use it, how to ask for it, and why it can be...
2025-07-0201 minHOA HELLCan Non-Owners Serve on the HOA Board?Can a renter, property manager, or relative of a homeowner serve on your HOA board? In this HOA Q&A, attorney Michael Kushner breaks down why California law limits board eligibility to owners only—and what happens when that rule gets ignored. 🎯 What You’ll Learn in This HOA Q&A: ✅ What California law says about who can serve on the HOA board.✅ Who counts as a “member”—and who doesn’t.✅ What it means legally if non-owners are serving on the board. Michael explains how HOAs sometimes break this rule without realiz...
2025-07-0101 minHOA HELLIf Your Board Isn’t Doing Their Job Properly, Recall ThemIn this 1-Minute Attorney Tip, California HOA attorney Michael Kushner explains how easy it actually is to start the process of recalling your HOA board. Most homeowners don’t realize that a recall petition only takes 5% of the membership to trigger a recall election—and in many cases, it’s easier to recall the entire board than just one or two members. If you’re fed up with unresponsive or rogue board members, this is the legal strategy you need to know. Kushner breaks down the numbers, the voting rules, and why this little-known tool can be a game-ch...
2025-07-0101 minHOA HELLCan You Withhold HOA Dues During a Dispute? Here’s Why That’s a Huge Mistake in CaliforniaThink you can withhold your HOA dues because you're in a dispute? Even if your HOA is in the wrong—California law doesn’t allow you to offset or suspend payments. In this 1-Minute Attorney Tip, California HOA attorney Michael Kushner explains why refusing to pay your dues—even “on principle”—can backfire badly. From penalties to foreclosure, the risks are real. 🎯 What You’ll Learn in This 1-Minute Tip: ✅ Why California law does not recognize a homeowner’s right to offset HOA dues.✅ What can happen if you stop paying—even when your...
2025-07-0101 minHOA HELLHOA Justice, Mob Style: What Tulsa King Gets Wrong—and Right—About HOA FinesSylvester Stallone vs. the HOA? In this episode of HOA HELL, attorney Michael Kushner reacts to a fun clip from Tulsa King where Stallone’s character gets slapped with an on-the-spot $100 fine for leaving his garage door open too long. But here in California, it wouldn’t—and legally couldn’t—go down like that. Not that a lot of HOAs don’t try. 🎯 What You’ll Learn in This Episode: ✅ Why HOA fines in California must follow a strict legal process (Civil Code § 5855).✅ What Stallone’s Tulsa King scene gets laughably wrong—and disturbingly right.
2025-06-3022 minHOA HELLHOA Embezzlement: Real HOA Theft Cases in California (Part 2-Conclusion)When an HOA board starts hiding financial records, limiting access to bank accounts, or rubber-stamping reimbursements with no documentation—homeowners need to pay attention. In this episode of HOA HELL, attorney Michael Kushner breaks down five red flags that often signal financial misconduct inside an HOA, and explains the specific tools California homeowners can use to expose it. From obstructed inspection requests to board members who refuse to answer basic questions, Kushner walks listeners through how these issues actually play out—and how to push back using the Davis-Stirling Act. 🎯 What You’ll Learn in This Episod...
2025-06-3043 minHOA HELLHOAs vs. Marijuana—Who Wins?Can your HOA stop you from using marijuana? What about when it’s medically necessary? In this HOA Q&A, attorney Michael Kushner explains how California law treats marijuana use in HOA communities, and why context matters when it comes to enforcement. 🎯 What You’ll Learn in This HOA Q&A: ✅ When HOAs can ban smoking marijuana—even for medical use.✅ Why shared walls and ventilation systems make a difference.✅ When a total ban might be unreasonable in single-family homes.✅ How medical necessity may support a request for reasonable accommodation under...
2025-06-2702 minHOA HELLHOA Embezzlement: Real HOA Theft Cases in California (Part 1)HOA embezzlement is real—and it’s happening in California communities just like yours. In Part 1 of this special two-part episode, attorney Michael Kushner exposes real-life examples of theft and financial misconduct inside HOAs, including actual news reports from Chula Vista and Santa Monica. Whether it’s padded invoices, unauthorized reimbursements, or shady board/manager collusion, these cases reveal just how easy it is for dishonest insiders to siphon your money. And while most boards do the right thing, those that don’t are counting on one thing: that no one will look too closely. This episode breaks th...
2025-06-2741 minHOA HELLUncovered: The Shocking Truth About HOA Insurance—and What It Means for YouThink your HOA’s master insurance policy protects you? Think again. In this episode of HOA HELL, attorney Michael Kushner breaks down the shocking gaps in HOA insurance—and how they can leave homeowners stuck with five- or six-figure bills after a disaster. 🎯 What You’ll Learn in This Episode: ✅ The real difference between condos, planned developments, and townhomes.✅ What your HOA’s master policy usually covers—and what it doesn’t.✅ When HO-6 policies are essential, and who actually needs one.✅ Why most HOAs don’t carry earthquake insurance (and what that me...
2025-06-2533 minHOA HELLEmergency or Excuse? How HOAs Use “Safety” to Justify Illegal Emergency AssessmentsA few months ago in Modesto, an HOA blindsided its members with a $25,000-per-unit “emergency” assessment to replace just eight red-tagged balconies—without a vote, and without following key legal procedures. And this isn’t just a Modesto problem. Across California, HOAs are abusing the emergency assessment loophole—declaring preventable maintenance issues as “emergencies” so they can skip a member vote and impose massive charges on homeowners. In this episode of HOA HELL, Michael Kushner and senior associate Sam Khil break down how emergency assessments are supposed to work under California law—and how boards are viol...
2025-06-2324 minHOA HELLCan Your HOA Stop You from Going Solar? What California Law Really SaysCalifornia law gives you the right to install solar energy systems—but that doesn’t stop some HOAs from trying to block or delay you. In this episode of HOA HELL, attorney Michael Kushner explains exactly what the law allows, what your HOA can (and can’t) do, and how to fight back if your solar plans are denied or ignored. 🎯 What You’ll Learn in This Episode: ✅ What Civil Code §§ 714, 714.1, and 4746 actually say—and how they apply to both single-family homes and condos.✅ How HOAs illegally use “aesthetic standards” to block legal solar projects.✅ W...
2025-06-2039 minHOA HELLWhy Your HOA Has the Upper Hand—and 7 Legal Tools to Fight BackHOAs have real power. And it’s not just because of outdated governing documents or unchecked boards. In this episode of HOA HELL, attorney Michael Kushner dissects the flawed logic behind a podcast hosted by a lawyer he once hired and trained—who now claims to run the most experienced HOA law firm in California. Kushner explains why homeowners are often outgunned—and delivers 7 legal tools that actually explain, and begin to correct, the imbalance. 🎯 What You’ll Learn in This Episode: ✅ Why HOAs have so much legal and procedural power over homeowners.✅ What the Business...
2025-06-1847 minHOA HELLCommon Area Nightmares: What to Do When Your HOA Won’t Repair, Replace, or MaintainIn this episode of HOA HELL, attorney Michael Kushner tackles one of the most frustrating and costly HOA disputes homeowners face: when the HOA refuses to repair or maintain common areas. From leaking roofs and cracked patios, to slope failures and hidden pipe damage, these common area nightmares cause real harm—and often leave homeowners stuck with the bill. But California law gives you real power to fight back. 🎯 What You’ll Learn in This Episode: ✅ What California law actually requires your HOA to maintain—and what it doesn’t.✅ What to do when the HOA...
2025-06-1643 minHOA HELLYour HOA’s Paper Trail: How to Use Civil Code § 5200 to Get Every Document You NeedIf your HOA has ever dodged your questions, withheld financial records, or made you feel like you don’t have the right to know how your dues are being spent—this episode is for you. California Civil Code § 5200 gives you powerful rights to demand specific HOA records—and Civil Code § 5235 gives you the power to enforce those rights in court, fast and without the cost of a full-blown lawsuit. In this episode, attorney Michael Kushner explains how to use § 5200 to obtain your HOA’s bank statements, invoices, meeting minutes, contracts, tax returns, reserve balances, and more—and how...
2025-06-1342 minHOA HELLHow Are CC&Rs, Bylaws, Rules, and Architectural Guidelines Different From Each Other?Ever wonder whether your HOA can actually do what it’s doing? Whether it’s issuing fines, denying architectural requests, or citing obscure rules—none of it matters if the board doesn’t have legal authority. In this episode of HOA HELL, attorney Michael Kushner breaks down the four core governing documents that every California HOA relies on—CC&Rs, Bylaws, Rules, and Architectural Guidelines—and explains exactly how they work under the Davis-Stirling Act. You’ll learn the legal hierarchy, how to recognize board overreach, and how to push back when your HOA crosses the line.
2025-06-1122 minHOA HELLSpotlight: Director From Hell Assaults a HomeownerThis is what HOA abuse of power looks like—and we caught it on video. If it didn’t really happen, it would actually be funny because of how pathetic this director’s personal life must really be. In this episode of HOA HELL, attorney Michael Kushner is joined by his former client Kourosh Amini to expose a disturbing example of egregious HOA director abuse (including assault) and it was caught on video. A director obsessed with power and control stalks a homeowner (who happens to fit into a particular ethnic category), confronts him with wild accusations, repeate...
2025-06-1029 minHOA HELLDog Bites, Emotional Distress, and Everything in Between (Part 6 of 6 Series)In the final episode of our 6-part Neighbor Dispute Series, attorney Michael Kushner tackles the lesser-known but still highly effective legal claims that often go overlooked in neighbor disputes. These “legal wildcards” may not fit the typical categories of nuisance or trespass—but they can be just as powerful when applied correctly. Michael explains how negligence and waste show up in real-life HOA and neighbor conflicts, breaks down exactly what conversion is and how it differs from theft, and provides a brutally honest look at why Intentional Infliction of Emotional Distress claims are so difficult to win in HOA...
2025-06-0939 minHOA HELLHarassment, Surveillance & Defamation: When Neighbor Drama Turns Personal (Part 5 of 6-Part Series)In Episode 5 of our 6-part Neighbor Dispute Series, attorney Michael Kushner explores the most emotionally charged—and legally dangerous—types of neighbor conflict: harassment, surveillance, defamation, and even physical assault or battery. If your neighbor is yelling through walls, filming through your windows or into your yard, spreading lies about you, or crossing the line physically, this episode will show you how to document it, stop it, and legally protect yourself. Michael explains what qualifies as civil harassment under California Code of Civil Procedure § 527.6, how to challenge illegal surveillance under Civil Code § 1708.8 and Penal Code § 647(j), and when a f...
2025-06-0638 minHOA HELLHOAs & Neighbor Disputes: When the Association Becomes the Problem (Part 4 of 6-Part Series)In Episode 4 of our 6-part Neighbor Dispute Series, attorney Michael Kushner breaks down one of the most common—and infuriating—scenarios homeowners face: when your HOA refuses to intervene in neighbor disputes. Whether your HOA is enforcing the rules selectively, ignoring serious violations, or pretending it’s “not their problem,” this episode will show you exactly how to force them to act.Michael explains what kinds of disputes the HOA is almost always obligated to address—like noise, nuisance, view obstruction, harassment, and privacy violations—and what steps you can take to compel enforcement under California’s Davis-Stirling A...
2025-06-0529 minHOA HELLTrespass, Encroachments & Spite Fences: Defending Your Dirt (Part 3 of a 6-Part Series)In Episode 3 of our 6-part Neighbor Dispute Series, attorney Michael Kushner is joined by senior associate Sam Khil to tackle one of the most aggressive categories of neighbor conflict: trespass, encroachments, grading manipulation, and spite fences. If you’ve ever discovered a fence or other structure built on your property, watched runoff destroy your landscaping, or had a neighbor claim rights to land you own—whether it’s an inch or much more than that—then this episode will give you the tools to fight back. Michael and Sam unpack how California law treats physical and structural invasions...
2025-06-0333 minHOA HELLTrees, Roots & the Right to Chop: Navigating Nature’s Property Line Wars (Part 2 of 6-Part Series)In Episode 02 of our 6-part Neighbor Dispute Series, attorney Michael Kushner digs into one of the most common—and most expensive—sources of neighbor conflict in California: tree disputes. Whether it’s overhanging branches, root damage, or a tree blocking your view, this episode explains when you can act, when you need permission, and when you’re setting yourself up for a lawsuit. You’ll learn the difference between your nearly absolute right to cut back overhanging branches versus your more limited right to cut back invasive roots. Michael also breaks down the legal consequences of cutting down a neig...
2025-06-0227 minHOA HELLPrivate Nuisance: From Noise Complaints to Odor Issues (Part 1 of 6-Part Series)In this first episode of our 6-part Neighbor Dispute Series, attorney Michael Kushner breaks down one of the most common—and misunderstood—legal tools in California neighbor law: the private nuisance.Whether it’s relentless noise, recurring foul odors, or something harder to pin down like light pollution, Michael explains when everyday annoyances cross the legal threshold and become actionable. Drawing from Civil Code § 3479 and local ordinances, this episode walks you through the elements of a nuisance claim, how to distinguish between permanent and continuing nuisances, and what kind of relief you can actually get—from injunctions to damage...
2025-06-0242 minHOA HELLHOA Lies About Rentals—and What California Law Actually SaysHOAs 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...
2025-05-2924 minHOA HELLThe Insurance Squeeze: How Rising Premiums Are Threatening California HOAsCalifornia homeowners are getting blindsided by soaring HOA insurance costs—but what’s actually driving this crisis? In this episode of HOA HELL, attorney Michael Kushner breaks it down: the real reasons behind exploding premiums, how it's impacting HOAs statewide.What You’ll Learn in this Episode✅ The real causes behind soaring HOA insurance premiums: Wildfires, insurer exits, and a strangling regulatory environment—Michael Kushner explains why California’s insurance market is collapsing and how HOAs are getting caught in the fallout. ✅ How rising premiums are quietly destroying HOAs: Boards are scrambling, dues are spiking, co...
2025-05-2837 minHOA HELLNavigating HOA Disputes: A Homeowner’s GuideIn this episode of HOA HELL, attorney Michael Kushner delivers something every California homeowner needs: a step-by-step playbook for holding your HOA accountable.If you’ve been dealing with a dysfunctional board—whether it’s ignoring maintenance obligations, enforcing rules unevenly, or blocking your improvement requests without justification—this episode gives you the legal roadmap to fight back effectively and professionally.Joined by MBK Chapman senior associate Sam Khil, Michael explains exactly what to do when your HOA crosses the line, and why the law is often more on your side than you’ve been led to bel...
2025-05-2629 minHOA HELLHOAs Under Fire: The Push for Transparency and Homeowner RightsIn this episode of HOA HELL, attorney Michael Kushner takes on a topic that cuts to the core of every California homeowner’s battle with their HOA: transparency. This episode focuses on the very brief rise—and immediate fall—of Assembly Bill 21, a 2025 legislative proposal that would have forced HOAs to operate with the same level of transparency as public agencies.Kushner breaks down what AB 21 would have required, why it terrified HOA boards and management companies, and how its demise exposes some of the most critical enforcement loopholes in California’s Davis-Stirling Act. You’ll hear stories of...
2025-05-2229 minHOA HELLThe Consequences of California's Balcony LawWhat started as a well-meaning safety law has turned into a financial wrecking ball for thousands of California homeowners. In this episode of HOA HELL, attorney Michael Kushner—one of the pioneers of HOA litigation in California—is joined by senior associate at MBK Chapman, Sam Khil, to break down California’s Balcony Law and its devastating unintended consequences for everyday homeowners.In this podcast, you’ll learn: • Why the 2015 Berkeley balcony collapse led to California’s new inspection mandates.• How this important law is now triggering massive special assessments in HOAs all over California...
2025-05-2140 minHOA HELLClick to Vote: California's New HOA Electronic Voting LawDid you know that on January 1, 2025, a new law went into effect that, for the first time ever, allows HOAs to adopt electronic voting procedures—without the red tape that used to make it nearly impossible? In this episode of HOA Hell, attorney and a leading authority on HOA law, Michael Kushner, along with his producer, Justin Rodriguez, take a deep dive into California’s new HOA Electronic Voting Law (otherwise known as AB 2159). This podcast will cover several key topics, including:• The problems associated with paper ballots and the old way of doing th...
2025-05-2036 min
Links to Messiah PodcastEp. 72 - Real Discipleship Starts at Home (Feat. Rachel Kushner)Send us a textIn this episode, Rachel Kushner gets real about the heart behind parenting—why we do it, and how we can raise kids who truly know and love Jesus. ❤️We’re diving into what it means to disciple at home (hint: it’s not about being perfect), why the Jewish roots of our faith matter, and how celebrating Shavuot can open powerful conversations with your kids about the Holy Spirit and the story God is writing.We’re talking hands-on faith, deep roots, and helping your children build a lifelong c...
2025-05-2008 min
My Broadway Memory22 - LIVE: Jackie Cox & Paige TurnerSEASON TWO OF MY BROADWAY MEMORY!
Join us for a brand new season of Broadway memories, featuring your favorite Broadway personalities. Remy Germinario joins as co-host for Season Two alongside Michael Kushner. Check us out for performances, new segments, appearances by Divas and Legends, Good News, ways for you to be on the show, and more! My Broadway Memory is co-created by Michael Kushner and Brian Sedita.
Guests: Jackie Cox and Paige Turner!
Hosts: Remy Germinario and Michael Kushner
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2021-02-081h 02
The Wedding Biz - Behind the Scenes of the Wedding Business207 THE NEXT LEVEL: SEAN LOW Discusses ROBERT SHERMAN/Washington Talent - Creating Happiness One Event at a Time and Forming A PartnershipThe Next Level welcomes back Sean Low. Sean's company, The Business of Being Creative, focuses on providing practical advice to those in the business of being creative. His client list includes the whos who of the wedding industry and design community. Robert is the owner of Washington Talent, the iconic entertainment company out of the Washington, DC area. Robert is passionate about what he does and is in it to bring joy not only to his clients but also to his industry partners. Andy and Sean discuss how Robert expanded his company by adding services...
2019-11-2725 min
The Wedding Biz - Behind the Scenes of the Wedding Business125 ANDY KUSHNER: Interviewed By Mary Swaffield of The WedpreneurToday it's all about Andy! For quite a while now, people have been asking him to air an interview about himself. Andy has been interviewed on many different podcasts, so today he decided to publish the most recent of these, with Mary Swaffield, of the Wedpreneur Podcast. Andy and Mary will be talking about what Andy has learned from all the amazing icons whom he has interviewed on The Wedding Biz Podcast. Mary asks Andy about the common threads in the more than seventy-five interviews he's done with some of the biggest names in the wedding and...
2019-02-0444 minThe Wedding Biz - Behind the Scenes of the Wedding BusinessWelcome from Andy KushnerA welcome to the podcast, from creator and host Andy Kushner.
2017-05-1214 min
Extraordinary Ordinary PeopleWelcome from Andy KushnerLinks About Extraordinary Ordinary People and Andy Kushner Andy Kushner Entertainment Design SoundConnection band "Live" In Singapore Andy Kushner interviewed by Now Here This president Bruce Wawrzyniak: 38-minute edit, full-length original episode Sean Low [Andy's business consultant] Theme song courtesy of SoundConnection, inspired by Aretha Franklin's recording of Chain Of Fools, written by Don Covay and produced by Jerry Wexler With thanks to Charles Wiltgen, who is my brilliant show producer, editor, strategist, creative partner and great friend. I honestly don't know how I would do this show without you. Sean Low, my business consultant since 2011 who has helped me to...
2017-05-0326 min
Extraordinary Ordinary PeopleWelcome from Andy KushnerLinks
About Extraordinary Ordinary People and Andy KushnerAndy Kushner Entertainment DesignSoundConnection band “Live” In SingaporeAndy Kushner interviewed by Now Here This president Bruce Wawrzyniak: 38-minute edit, full-length original episodeSean Low [Andy's business consultant]Theme song courtesy of SoundConnection, inspired by Aretha Franklin's recording of Chain Of Fools, written by Don Covay and produced by Jerry Wexler
With thanks to
Charles Wiltgen, who is my brilliant show producer, editor, strategist, creative partner and great friend. I honestly don’t know how I would do this show without you.
Sean Low, my business consultant since 2011 who has helped me to structure my businesse...
2017-05-0326 min