October 6, 2025 • 23 mins
(October 06,2025)
HOA attorney Michael Kushner opens the 8am hour talking about Assembly Bill 130 passing and limiting most HOA fines to $100 per violation and banning late fees or interest on these fines. Trump finally announces the details of UFC fight at the White House. Married couples are ditching their shared bank accounts.
HOA attorney Michael Kushner opens the 8am hour talking about Assembly Bill 130 passing and limiting most HOA fines to $100 per violation and banning late fees or interest on these fines. Trump finally announces the details of UFC fight at the White House. Married couples are ditching their shared bank accounts.
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Episode Transcript
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Speaker 1 (00:00):
You're listenings KFI AM six forty the bill Handle Show
on demand on the iheartradiop You are.
Speaker 2 (00:08):
Listening to the bill Handle Show.
Speaker 1 (00:10):
Welcome they I am six forty bill Handle here on
a Monday morning, October sixth, and the new Supreme Court
term begins today.
Speaker 3 (00:23):
We'll talk a lot more about that.
Speaker 1 (00:26):
We're still waiting for Israel Kamas ceasefire toox to see
how those pan out. And here's a fun storys Disneyland's
newest ride, and that is the truck up Mount Everest.
As hundreds of people are in line to some edit,
around three hundred people three hundred and fifty were evacuated.
(00:48):
The ride actually broke down at a certain point. It's
like other rides at breakdown, and two hundred other people
are still waiting to be rescued. Blizzard came in and
people who go to Mount Everest they die. It's the
death ride. Very impressive. Hoa's you know, most of us
(01:08):
live under HOA rules regulations in the HOA laws. Sixty
five percent of Californians live under HOA. I have an HOA.
I've lived under HOA for years and years. A matter
of fact, for a period of time, I was living
in a rental house that was on a street. It
was a public street. There was an HOA there. So
(01:29):
Michael Kushner, who have known for thirty years, practices HOA
law that is his specialty, and we were talking about
a bill that sneaked through the legislature, AB one thirty,
and man, it changes everything, and how he got through
I don't know, Michael.
Speaker 3 (01:48):
Thanks for joining.
Speaker 4 (01:48):
Us, no prom thanks for having me go.
Speaker 1 (01:52):
Okay, So let's talk about AB one thirty, what it does,
what it undoes, and the big changes that we're looking at.
Speaker 4 (01:59):
Okay, Well, let me give you a quick rundown. Then
AB one thirty basically made some changes to a few
different statutes in California, including a few in the Davis
Stirling Act, which is the law that governs hoas in California.
And there's a couple of good things that came from
ABY one thirty, but for the most part, it's a
disastrous law that almost every attorney on both sides of
(02:22):
the issue don't like. So what it did, I'll give
you the good things. First. One thing that it did
is it froze or it eliminated and prohibited hoas from
charging interest or penalties on unpaid fines. I don't have
a problem with that because that was a big problem
and it did resolve that. Another thing it did is
it although this was useless because we already had strong
(02:45):
California law in support, is that it reaffirmed this, you know,
the public policy behind ADUs accessories dwelling units, and it
basically clarified what reasonable restrictions were or weren't. But the
rest of it is the disastrous. So here's one thing
it did. It capped h A finds it one hundred
(03:05):
dollars per violation unless it unless the fine related to
health or safety issue. Okay, on its surface, that sounds wonderful.
The problem is in all the things that bill didn't address,
it left so many gaps, so many unanswered questions, that
the good AHAs out there are going to do one
of two things rather going to do nothing, which means
(03:26):
that they aren't going to be enforcing governing documents because
they're scared of being sued and losing and having attorneys
sees assessed against them, or they're going to skip the
finding process and just go right to litigation, in which
case everybody's fees are going to go way up. Attorneys
are going to be hired a lot more because these
aren't insurance cases. So the unanswered questions on top of that,
(03:51):
one good thing is what makes this a disaster? And
how you give the examples if you want.
Speaker 1 (03:57):
Yeah, but one of the things we talked about, Yeah,
we'll talk about an example. But the one that we
talked about, which I thought was the most compelling, is
that heretofore, if I owned a home within an HOA
and there were restrictions which they all have in terms
of the color of the house and what you can
do with the roof, if I go crazy and paint
(04:18):
my house and neon purple, they can't do anything about it,
the HOA.
Speaker 3 (04:23):
Except hit me with one hundred dollars. Is that correct?
Speaker 4 (04:27):
Well, okay, so that's one of the problems finding wise,
you're actually right. And so if you have a neighbor
that paints their house purple or props up an old
car on their lawn, which every HOA says you can't do,
and the HOA wants to find the finding one hundred bucks,
which totally reasonable, I would take that so I can
(04:47):
have a purple house if that's what I wanted. The
problem is a lot of hoas are not going to
do that. Instead, they're just going to sue you for
breaching the government documents, which is gonna throw litigation and
through the roof we're gonna see we're already seeing it
a lot more cases being sent into a dr which
is a precursor to litigation when when an HOA is
(05:08):
seeking and jump to relief for example. And so we're
already seeing that that number multiply and it's only been
a few months.
Speaker 3 (05:16):
Okay, so you can't you.
Speaker 1 (05:17):
Can't be too upset about that, Michael, because that's what
you practice, right.
Speaker 4 (05:21):
That's right. But but at the same time, I tell
the truth to my to my listeners on my podcast,
and to my clients. I tell the truth and say,
here's here's the promise of the law. It's gonna hurt
good Hso way members people that follow the rules, it's
gonna hurt them because they're going to either be paying
a lot more money in dues to pay for all
those lawyers, or they're going to uh, they're going to
(05:44):
be paying Uh. They're gonna have to handle it themselves.
They're gonna have to be directly confrontation with neighbors by
filing a lawsuit because unless you want to live next
to the purple house, somebody has to do something.
Speaker 1 (05:55):
We're talking about Assembly Bill one thirty and how it
affects all of us who live in the land of
Hoa would just sixty five percent of homeowners and none
of us knew this bill AB one thirty was passed
and real quick, uh, if you can just do a
real quick recap and let's go on with this and
uh and we'll talk about what's happening and what we
(06:17):
can do with anything.
Speaker 4 (06:20):
Sure. So AB one thirty UH presumably was supposed to
cap Hoa finds at one hundred dollars, which on its
surface sounds great, but it's the it's the unintended consequences
that flow from that. All. You know, they didn't define
health and safety. They didn't define whether or not you
know what what per per uh violation means. So for example,
(06:42):
somebody's you know, continuously violating something every day not doing
something is each day a new violation? Do they have
to do they have to write a new letter each
time demanding a new hearing. Because that used to be
crowded upon. That was called stacking uh. It's robbed good
HOA is of the ability to properly police their own hoa's,
which is going to hurt everybody and it's going to
(07:03):
greatly increase everybody's hoadus. We're already seeing that starting to
happen now because there's gonna be a lot more lawsuits
being filed. So it did a lot of things related
to fines, but it handled it very wrong because it
was rushed through.
Speaker 1 (07:18):
Yeah, now it's what happened before. And I get this
on handle on the law constantly. There's a neighbor down
the street who is parking, as you have said, parking
a car on his driveway and it's on. You know,
the tires are off, the wheels are off, or the
yard is not being taken care of. There are just
(07:41):
weeds all over the place. And what could we do?
And I always said, well, this the the HOA. The
board can start nailing people and finding per day and
you can get thousands of dollars worth of fines.
Speaker 3 (07:54):
Those days are gone.
Speaker 4 (07:56):
Well, we're not sure now because the law didn't didn't
exploit what per incident means were per violation. So in
the olden days before you know, preab one thirty. Some
abuse of hoas would do what's called stacking, so they
would send new fine letters every day and have multiple
hearings backed up and stacked up. And that was frowned
upon by the courts. That was a bad thing. But
(08:18):
now that would be the only way in HOA could
stop that behavior short of filing a lawsuit.
Speaker 1 (08:25):
And so when the HOA files a lawsuit, I mean
that's a big one. The HOA does have money, your money,
and the homeowner has to basically hire his or her
own attorney and then effectively, just the threat of a lawsuit.
Speaker 3 (08:43):
Doesn't that do it? Because of the monetary aspects of.
Speaker 4 (08:46):
This, one would hope, But you know, this is what
we do every day, and we litigate all the time,
so you know, because we represent only homeowners and look
at all the people that hire us and they're paying
for us. So it depends how stubborn the person is,
and it depends how big the deal it is. I
don't think on a car issue that would be the
(09:08):
big deal. But let's talk about real life. We've had
multiple clients who have current issues ongoing now. For example,
one of our clients wants to build a is trying
to build a new balcony, and it has been denied,
even though there's other balconies very similar, and that's the issue.
He called up and said, why don't they just do it.
I'll just you know, I'll pay the fine cost of
(09:29):
doing business, no problem. And we talked him out of
that and we explained why we don't think he should
do that. Now, if the ha were to sue him
and he were to just start construction, I think we'd win.
But on something a big ticket item like that, I
could see people fighting. And remember, when it's the HOA
filing lawsuit, there's no insurance covering the bill, so that
(09:50):
money is coming from the coffers, and most stays don't
have spare money to the litigate. They're going to have
to specially assess.
Speaker 3 (09:59):
So what end of him? You have a situation?
Speaker 1 (10:02):
NA, you've been involved these cases are certainly starting these cases.
Owner says I'm doing this, HIA says, no owner decides
I'm doing this. Do they go to court? Is that
really the only avenue that either one of them can.
Speaker 4 (10:15):
Take If it's a big enough deal for the HOA
and there's no negotiating, you know, if the home owner
won't back down, and he's already started construction or already
built it. The HOA is going to go file the
lawsuit and they're going to seek conjunctive relief first. That's
often denied if it's already done, if it's in process,
the court might might grant that and say, okay, stop construction,
(10:37):
you know, pending the resolution of the case. And like
I said, that's that works. If they get the injunctive
relief that that does it, that works.
Speaker 1 (10:47):
Okay, So it just changed, It just changes everything. Are
you getting rich on this, by the way, Michael, and
I know you do it well.
Speaker 4 (10:52):
Anyway, we're doing what we're seeing a lot more people
come in because of AB one thirty, and we're seeing
a lot more people the ADR demands have been made
by their hoas, which means exactly what I what I
foresaw happening is starting to happen. Is that they're forgetting
the fines and they're moving just right into the pre
litigation stage, which is good for.
Speaker 3 (11:12):
Us, but yeah, I don't want that.
Speaker 1 (11:16):
Yeah, And I've been involved with our h o as
for years and man, I can't just imagine what this
is going to go. So for those of you that
live within an hoa, which is almost everybody watch out
for this. Michael, you have a podcast and a book.
Tell us about that.
Speaker 4 (11:32):
The podcast is available on YouTube and every other major platform.
It's called hoa Hell, and it's doing very well. We're
getting lots of views. I cover all of these issues.
I cover anything, anything and everything that will come up
from the homeowner perspective. I cover it. And then my
book is also called hoa Hell California Homeowners Definitive Guide
(11:53):
to Beating Bad hoas, but it's available on pre order
on Amazon. He's type in hoa Hell and you'll see
a picture of the house a pitchfork in a lake
of fire.
Speaker 1 (12:01):
That's very fair, all right, Manual, got it, Manuel, it's
a Manuel.
Speaker 3 (12:07):
I got it, all right?
Speaker 4 (12:09):
To deal with your h A.
Speaker 3 (12:10):
Yeah, thank you, sir, all right, thanks, talk later. Yeah.
Speaker 1 (12:15):
You know it's for those people that have ever been
in ho a hell as he says, it's it's god awful.
It's god awful, and a lot of us, well sixty
five percent of us are. And I brought that in
because I've been involved in litigation under ho A law
and it is it costs me a fortune. Okay, Uh,
what is going on at the White House. Some stuff,
(12:36):
as I said, is really important to where the country
is going and affects all of us deeply. And then
there's some stuff that the President is doing that's just
fun and crazy, a woven crazy guy, and that's what
the President can be. So this one, he announced the
date of the anticipated Ultimate Fighting Championship that he's hosting
(12:59):
at the White House, June fourteenth. And it's not just
out of the blue, by the way. He loves UFC
and he has a friendship with the CEO and President
Dana White, who is a whole character onto himself. And
this is going to also mark the president's eightieth birthday.
Speaker 3 (13:18):
And he is a big fan of sporting.
Speaker 1 (13:20):
Events and has gone to a bunch of them since
his return to the White House. He went to the
FIFA Club World FIFA Club World Cup, the NCAA Division
One Men's Wrestling Championship, the Ryder Cup. He's attended three
UFC fights since winning the election, including one the week
(13:40):
right after his election.
Speaker 3 (13:42):
He went there.
Speaker 1 (13:43):
So all of this is meant to tie into the
two hundred and fiftieth anniversary of American Independence, and Trump
has declared this the Great American State Fair.
Speaker 3 (13:54):
I guess the big beautiful fair.
Speaker 1 (13:57):
And he is very heavily involved in planning this thing.
Speaker 3 (14:02):
It's going to be at the south lawn of the
White House.
Speaker 1 (14:07):
UFC is going to spend around seven hundred thousand dollars
to clean it up afterwards.
Speaker 3 (14:13):
Now I love this stuff. I really am so, I
really do so.
Speaker 1 (14:19):
How big, Neil, do you think the portrait of Donald
Trump is going to be at the event?
Speaker 5 (14:24):
Yeah, it's kind of funny when you think about them
making such a big deal about this sport. I don't
think it's any different than boxing or having a boxing
match there, which has been done before. But the fact
that it's his birthday and the two hundred and fiftieth
anniversary of the United States and our independence, and I
(14:50):
think it's going to be a massive amount of pomp
and circumstance. And you know, I can't help think, Bill,
you remember his first presidency, how they're were sports teams
that weren't that wouldn't go, would not go to the
White House, right, And there were the NFL. You had
people kneeling at the national anthem and all these things.
(15:11):
I think he's he was dying to get some sort
of sport or some connection that to show hey, there
are sport figures that support me as well.
Speaker 3 (15:22):
Oh, he could have.
Speaker 1 (15:23):
Done croquet on the south lawn, the big beautiful coke
croquet matche, which was actually done a bunch of times
the last time bitten.
Speaker 5 (15:32):
Yeah, just so he could have shuttlecocks on the field.
Speaker 1 (15:35):
Loranda Rousey, former UFC and WWE star, she ruled herself out.
Speaker 3 (15:41):
She's done.
Speaker 1 (15:43):
She said she's got better crap, except she didn't use
the word crap to do when asked, I says I
ain't fighting at the fn White House now.
Speaker 2 (15:52):
In on the White House lawn, apparently.
Speaker 1 (15:56):
In typical fashion. Stephen Chung, who is White House communications
director this year, told in an interview with The Wall
Street Journal, I'm going to quote this will be one
of the greatest and most historic sports events in history,
far greater, for example, than any Olympics that has ever occurred.
Speaker 3 (16:17):
This is going to be this big.
Speaker 5 (16:20):
Beautiful talking about a huge and probably the fastest growing sport.
So it's multifaceted.
Speaker 2 (16:30):
Who knows what goes through President Trump's brain.
Speaker 3 (16:33):
You don't know.
Speaker 1 (16:33):
And by the way, this really is it's not wrestling,
which is quote exhibition where the thing is it's all
manufactured and choreographed, because that's what wrestling is about. This
is a real match. People really do get beat up,
and you don't know who's going to win. This is
like a boxing match, as you said. Absolutely, So I'm
(16:55):
sure it's going to be broadcast. I can't imagine that.
It wouldn't help you. So twenty five thousand people are
gonna be there. I'm sure it's gonna be a ticket
that everybody wants. I don't know if they're gonna charge
for tickets or not. Do we have any idea at
this point? Or is this gonna be by invitation?
Speaker 5 (17:11):
Twenty to twenty five thousand people in attendance. That's massive. Yeah,
and again I'm there on the South Lawn.
Speaker 1 (17:17):
Yeah, it doesn't get better.
Speaker 3 (17:19):
I mean, this is just entertainment with a capital E.
Speaker 2 (17:22):
All they took tickets there, that would be hilarious.
Speaker 1 (17:25):
We should give away tickets, so see if we can.
You should see if we can get hold of some tickets.
Speaker 3 (17:30):
And let's see.
Speaker 1 (17:31):
If we get hold of some tickets, then we'll have
you know, the fifteenth callar or something along those lines.
Or you can write in an essay why you want to.
Speaker 5 (17:38):
Go cono and I are going to be the opening fight.
He's gonna no public sale.
Speaker 2 (17:47):
Whimps.
Speaker 3 (17:48):
Hey, here is an aside. Neil used to do mixed
martial arts.
Speaker 5 (17:53):
Oh not like this. Mine is glorified slap fighting. Compared
to these guys, we're coming back stuff. I mean they
really they This has gotten to a place where it
is chess with consequences.
Speaker 2 (18:10):
It's pretty impressive.
Speaker 3 (18:11):
Okay, a story about married couples.
Speaker 1 (18:14):
I love talking about this because well, I've sort of
been around the block on this one, and this is
a shared bank account issue. Nearly a quarter of all
married couples no longer use shared bank accounts.
Speaker 3 (18:28):
According to data from the US Census Bureau.
Speaker 1 (18:31):
The percentage of couples without any joint bank accounts grew
from fifteen percent in nineteen ninety six twenty three percent.
Speaker 3 (18:39):
I mean, it came just short of doubling. And why
is that?
Speaker 1 (18:43):
Well, first of all, let me go around the block here, Neil,
do you and Tracy have a shared bank account?
Speaker 5 (18:51):
We have access to each others and were signers on
them and all of that, but I pretty much used
mine and she pretty much uses her.
Speaker 2 (19:00):
But we can cross over.
Speaker 5 (19:02):
So, yeah, they're all shared, I suppose, but I you know,
one was started by me years ago, one was started
by her.
Speaker 2 (19:12):
But yeah, we have access to each other's stuff.
Speaker 1 (19:13):
All right, So you have shared bank accounts, tono, how
about you? What's your wife?
Speaker 2 (19:18):
No?
Speaker 1 (19:19):
No shared accounts? No, you are now a growing number
of married couples.
Speaker 3 (19:26):
Uh.
Speaker 1 (19:26):
And as far as I'm concerned, I have a shared account,
but only to pay for household accounts.
Speaker 3 (19:33):
I put into it, Lindsey puts into it.
Speaker 1 (19:35):
And that's what we do, just to pay for the
ongoing expenses. I got my money, she's got her money.
You know, I got to touch my money. I tell you,
mine is mine?
Speaker 3 (19:47):
What's let me? Here's what normally happens with married couples.
Speaker 1 (19:51):
Uh. And this is the wife in this case, or
the spouse who is not the breadwinner, says, here's the
way the bank accounts work.
Speaker 4 (19:58):
Uh.
Speaker 1 (19:59):
What's my is mine, what's yours is wine? And that's
how you live a married life. And it is not pleasant.
And why would the number of people who are not
sharing bank accounts growing?
Speaker 3 (20:13):
Well, because well, first of.
Speaker 1 (20:14):
All, older people tend to be sharing accounts because that's
used to be the way the world worked, and now
more people are moving into the kono life, and that
is because they're getting married later. People already are independent.
They come to the marriage with their own accounts, their
own lives, and they're particularly interested in, you know, having
(20:38):
a bank account with other folks.
Speaker 5 (20:41):
Tono's case, though, it's a it's a little ceramic pig.
So I don't know that his wife needs to get
into that. Yeah, some bubblegum or something.
Speaker 3 (20:50):
Now does it matter by the way shared bank accounts
or not?
Speaker 1 (20:54):
In reality, it doesn't if you're in a community property
state like California. California doesn't care where the account is shared,
not shared. Where do the money come from to go
into the accounts, any money that's earned after marriage or
during the during the time that someone is burried.
Speaker 3 (21:13):
It's community property.
Speaker 1 (21:14):
If you're married, which means I've got my money in
my account, Lindsay has her money in her account. Let
me tell you it's all the same. It's community property.
Each of us own half of it. CONU, Did you
know that?
Speaker 3 (21:28):
Yeah? I knew that.
Speaker 6 (21:29):
Okay, you don't like the hassle though my age, we
always like to get rid of the small hassles, you know,
how hard it is to take your money out of
a bank. They try to keep you there, and it's
so I don't want to have this conversation with you.
I'm just I'll just leave it. I'm fine, Yeah, that's
what you will do.
Speaker 1 (21:45):
It's happening more and more so it has to do
right when Americans are getting married. The older, the more
you have shared bank accounts, the younger you don't.
Speaker 3 (21:56):
All right, we're done for a Monday morning. That's it
coming up.
Speaker 1 (22:02):
It's Gary and Shannon and we're again back tomorrow like
we normally are. It starts with wake up call, and
that's Amy and not Will.
Speaker 3 (22:14):
When's Will come back a week from today?
Speaker 1 (22:17):
I keep on asking that because that Will is the
only name I can remember.
Speaker 3 (22:22):
So what can I tell you? Who's our traffic eye again?
Mike Morris? Mike Morris. I have to write that down.
I have to write that down. Mike.
Speaker 1 (22:31):
I'm forgetting your name, but then I forget everybody else's
name for long periods of time. Okay, okay, yeah, well
only you should take it personally. And then cono, Ann
and Neil and I is six o'clock to nine, and
you know how it goes.
Speaker 3 (22:48):
This is kf I am six forty You've been listening
to the Bill Handle Show.
Speaker 1 (22:53):
Catch my show Monday through Friday, six am to nine am,
and anytime on demand on the iHeartRadio app
You're listenings KFI AM six forty the bill Handle Show
on demand on the iheartradiop You are.
Speaker 2 (00:08):
Listening to the bill Handle Show.
Speaker 1 (00:10):
Welcome they I am six forty bill Handle here on
a Monday morning, October sixth, and the new Supreme Court
term begins today.
Speaker 3 (00:23):
We'll talk a lot more about that.
Speaker 1 (00:26):
We're still waiting for Israel Kamas ceasefire toox to see
how those pan out. And here's a fun storys Disneyland's
newest ride, and that is the truck up Mount Everest.
As hundreds of people are in line to some edit,
around three hundred people three hundred and fifty were evacuated.
(00:48):
The ride actually broke down at a certain point. It's
like other rides at breakdown, and two hundred other people
are still waiting to be rescued. Blizzard came in and
people who go to Mount Everest they die. It's the
death ride. Very impressive. Hoa's you know, most of us
(01:08):
live under HOA rules regulations in the HOA laws. Sixty
five percent of Californians live under HOA. I have an HOA.
I've lived under HOA for years and years. A matter
of fact, for a period of time, I was living
in a rental house that was on a street. It
was a public street. There was an HOA there. So
(01:29):
Michael Kushner, who have known for thirty years, practices HOA
law that is his specialty, and we were talking about
a bill that sneaked through the legislature, AB one thirty,
and man, it changes everything, and how he got through
I don't know, Michael.
Speaker 3 (01:48):
Thanks for joining.
Speaker 4 (01:48):
Us, no prom thanks for having me go.
Speaker 1 (01:52):
Okay, So let's talk about AB one thirty, what it does,
what it undoes, and the big changes that we're looking at.
Speaker 4 (01:59):
Okay, Well, let me give you a quick rundown. Then
AB one thirty basically made some changes to a few
different statutes in California, including a few in the Davis
Stirling Act, which is the law that governs hoas in California.
And there's a couple of good things that came from
ABY one thirty, but for the most part, it's a
disastrous law that almost every attorney on both sides of
(02:22):
the issue don't like. So what it did, I'll give
you the good things. First. One thing that it did
is it froze or it eliminated and prohibited hoas from
charging interest or penalties on unpaid fines. I don't have
a problem with that because that was a big problem
and it did resolve that. Another thing it did is
it although this was useless because we already had strong
(02:45):
California law in support, is that it reaffirmed this, you know,
the public policy behind ADUs accessories dwelling units, and it
basically clarified what reasonable restrictions were or weren't. But the
rest of it is the disastrous. So here's one thing
it did. It capped h A finds it one hundred
(03:05):
dollars per violation unless it unless the fine related to
health or safety issue. Okay, on its surface, that sounds wonderful.
The problem is in all the things that bill didn't address,
it left so many gaps, so many unanswered questions, that
the good AHAs out there are going to do one
of two things rather going to do nothing, which means
(03:26):
that they aren't going to be enforcing governing documents because
they're scared of being sued and losing and having attorneys
sees assessed against them, or they're going to skip the
finding process and just go right to litigation, in which
case everybody's fees are going to go way up. Attorneys
are going to be hired a lot more because these
aren't insurance cases. So the unanswered questions on top of that,
(03:51):
one good thing is what makes this a disaster? And
how you give the examples if you want.
Speaker 1 (03:57):
Yeah, but one of the things we talked about, Yeah,
we'll talk about an example. But the one that we
talked about, which I thought was the most compelling, is
that heretofore, if I owned a home within an HOA
and there were restrictions which they all have in terms
of the color of the house and what you can
do with the roof, if I go crazy and paint
(04:18):
my house and neon purple, they can't do anything about it,
the HOA.
Speaker 3 (04:23):
Except hit me with one hundred dollars. Is that correct?
Speaker 4 (04:27):
Well, okay, so that's one of the problems finding wise,
you're actually right. And so if you have a neighbor
that paints their house purple or props up an old
car on their lawn, which every HOA says you can't do,
and the HOA wants to find the finding one hundred bucks,
which totally reasonable, I would take that so I can
(04:47):
have a purple house if that's what I wanted. The
problem is a lot of hoas are not going to
do that. Instead, they're just going to sue you for
breaching the government documents, which is gonna throw litigation and
through the roof we're gonna see we're already seeing it
a lot more cases being sent into a dr which
is a precursor to litigation when when an HOA is
(05:08):
seeking and jump to relief for example. And so we're
already seeing that that number multiply and it's only been
a few months.
Speaker 3 (05:16):
Okay, so you can't you.
Speaker 1 (05:17):
Can't be too upset about that, Michael, because that's what
you practice, right.
Speaker 4 (05:21):
That's right. But but at the same time, I tell
the truth to my to my listeners on my podcast,
and to my clients. I tell the truth and say,
here's here's the promise of the law. It's gonna hurt
good Hso way members people that follow the rules, it's
gonna hurt them because they're going to either be paying
a lot more money in dues to pay for all
those lawyers, or they're going to uh, they're going to
(05:44):
be paying Uh. They're gonna have to handle it themselves.
They're gonna have to be directly confrontation with neighbors by
filing a lawsuit because unless you want to live next
to the purple house, somebody has to do something.
Speaker 1 (05:55):
We're talking about Assembly Bill one thirty and how it
affects all of us who live in the land of
Hoa would just sixty five percent of homeowners and none
of us knew this bill AB one thirty was passed
and real quick, uh, if you can just do a
real quick recap and let's go on with this and
uh and we'll talk about what's happening and what we
(06:17):
can do with anything.
Speaker 4 (06:20):
Sure. So AB one thirty UH presumably was supposed to
cap Hoa finds at one hundred dollars, which on its
surface sounds great, but it's the it's the unintended consequences
that flow from that. All. You know, they didn't define
health and safety. They didn't define whether or not you
know what what per per uh violation means. So for example,
(06:42):
somebody's you know, continuously violating something every day not doing
something is each day a new violation? Do they have
to do they have to write a new letter each
time demanding a new hearing. Because that used to be
crowded upon. That was called stacking uh. It's robbed good
HOA is of the ability to properly police their own hoa's,
which is going to hurt everybody and it's going to
(07:03):
greatly increase everybody's hoadus. We're already seeing that starting to
happen now because there's gonna be a lot more lawsuits
being filed. So it did a lot of things related
to fines, but it handled it very wrong because it
was rushed through.
Speaker 1 (07:18):
Yeah, now it's what happened before. And I get this
on handle on the law constantly. There's a neighbor down
the street who is parking, as you have said, parking
a car on his driveway and it's on. You know,
the tires are off, the wheels are off, or the
yard is not being taken care of. There are just
(07:41):
weeds all over the place. And what could we do?
And I always said, well, this the the HOA. The
board can start nailing people and finding per day and
you can get thousands of dollars worth of fines.
Speaker 3 (07:54):
Those days are gone.
Speaker 4 (07:56):
Well, we're not sure now because the law didn't didn't
exploit what per incident means were per violation. So in
the olden days before you know, preab one thirty. Some
abuse of hoas would do what's called stacking, so they
would send new fine letters every day and have multiple
hearings backed up and stacked up. And that was frowned
upon by the courts. That was a bad thing. But
(08:18):
now that would be the only way in HOA could
stop that behavior short of filing a lawsuit.
Speaker 1 (08:25):
And so when the HOA files a lawsuit, I mean
that's a big one. The HOA does have money, your money,
and the homeowner has to basically hire his or her
own attorney and then effectively, just the threat of a lawsuit.
Speaker 3 (08:43):
Doesn't that do it? Because of the monetary aspects of.
Speaker 4 (08:46):
This, one would hope, But you know, this is what
we do every day, and we litigate all the time,
so you know, because we represent only homeowners and look
at all the people that hire us and they're paying
for us. So it depends how stubborn the person is,
and it depends how big the deal it is. I
don't think on a car issue that would be the
(09:08):
big deal. But let's talk about real life. We've had
multiple clients who have current issues ongoing now. For example,
one of our clients wants to build a is trying
to build a new balcony, and it has been denied,
even though there's other balconies very similar, and that's the issue.
He called up and said, why don't they just do it.
I'll just you know, I'll pay the fine cost of
(09:29):
doing business, no problem. And we talked him out of
that and we explained why we don't think he should
do that. Now, if the ha were to sue him
and he were to just start construction, I think we'd win.
But on something a big ticket item like that, I
could see people fighting. And remember, when it's the HOA
filing lawsuit, there's no insurance covering the bill, so that
(09:50):
money is coming from the coffers, and most stays don't
have spare money to the litigate. They're going to have
to specially assess.
Speaker 3 (09:59):
So what end of him? You have a situation?
Speaker 1 (10:02):
NA, you've been involved these cases are certainly starting these cases.
Owner says I'm doing this, HIA says, no owner decides
I'm doing this. Do they go to court? Is that
really the only avenue that either one of them can.
Speaker 4 (10:15):
Take If it's a big enough deal for the HOA
and there's no negotiating, you know, if the home owner
won't back down, and he's already started construction or already
built it. The HOA is going to go file the
lawsuit and they're going to seek conjunctive relief first. That's
often denied if it's already done, if it's in process,
the court might might grant that and say, okay, stop construction,
(10:37):
you know, pending the resolution of the case. And like
I said, that's that works. If they get the injunctive
relief that that does it, that works.
Speaker 1 (10:47):
Okay, So it just changed, It just changes everything. Are
you getting rich on this, by the way, Michael, and
I know you do it well.
Speaker 4 (10:52):
Anyway, we're doing what we're seeing a lot more people
come in because of AB one thirty, and we're seeing
a lot more people the ADR demands have been made
by their hoas, which means exactly what I what I
foresaw happening is starting to happen. Is that they're forgetting
the fines and they're moving just right into the pre
litigation stage, which is good for.
Speaker 3 (11:12):
Us, but yeah, I don't want that.
Speaker 1 (11:16):
Yeah, And I've been involved with our h o as
for years and man, I can't just imagine what this
is going to go. So for those of you that
live within an hoa, which is almost everybody watch out
for this. Michael, you have a podcast and a book.
Tell us about that.
Speaker 4 (11:32):
The podcast is available on YouTube and every other major platform.
It's called hoa Hell, and it's doing very well. We're
getting lots of views. I cover all of these issues.
I cover anything, anything and everything that will come up
from the homeowner perspective. I cover it. And then my
book is also called hoa Hell California Homeowners Definitive Guide
(11:53):
to Beating Bad hoas, but it's available on pre order
on Amazon. He's type in hoa Hell and you'll see
a picture of the house a pitchfork in a lake
of fire.
Speaker 1 (12:01):
That's very fair, all right, Manual, got it, Manuel, it's
a Manuel.
Speaker 3 (12:07):
I got it, all right?
Speaker 4 (12:09):
To deal with your h A.
Speaker 3 (12:10):
Yeah, thank you, sir, all right, thanks, talk later. Yeah.
Speaker 1 (12:15):
You know it's for those people that have ever been
in ho a hell as he says, it's it's god awful.
It's god awful, and a lot of us, well sixty
five percent of us are. And I brought that in
because I've been involved in litigation under ho A law
and it is it costs me a fortune. Okay, Uh,
what is going on at the White House. Some stuff,
(12:36):
as I said, is really important to where the country
is going and affects all of us deeply. And then
there's some stuff that the President is doing that's just
fun and crazy, a woven crazy guy, and that's what
the President can be. So this one, he announced the
date of the anticipated Ultimate Fighting Championship that he's hosting
(12:59):
at the White House, June fourteenth. And it's not just
out of the blue, by the way. He loves UFC
and he has a friendship with the CEO and President
Dana White, who is a whole character onto himself. And
this is going to also mark the president's eightieth birthday.
Speaker 3 (13:18):
And he is a big fan of sporting.
Speaker 1 (13:20):
Events and has gone to a bunch of them since
his return to the White House. He went to the
FIFA Club World FIFA Club World Cup, the NCAA Division
One Men's Wrestling Championship, the Ryder Cup. He's attended three
UFC fights since winning the election, including one the week
(13:40):
right after his election.
Speaker 3 (13:42):
He went there.
Speaker 1 (13:43):
So all of this is meant to tie into the
two hundred and fiftieth anniversary of American Independence, and Trump
has declared this the Great American State Fair.
Speaker 3 (13:54):
I guess the big beautiful fair.
Speaker 1 (13:57):
And he is very heavily involved in planning this thing.
Speaker 3 (14:02):
It's going to be at the south lawn of the
White House.
Speaker 1 (14:07):
UFC is going to spend around seven hundred thousand dollars
to clean it up afterwards.
Speaker 3 (14:13):
Now I love this stuff. I really am so, I
really do so.
Speaker 1 (14:19):
How big, Neil, do you think the portrait of Donald
Trump is going to be at the event?
Speaker 5 (14:24):
Yeah, it's kind of funny when you think about them
making such a big deal about this sport. I don't
think it's any different than boxing or having a boxing
match there, which has been done before. But the fact
that it's his birthday and the two hundred and fiftieth
anniversary of the United States and our independence, and I
(14:50):
think it's going to be a massive amount of pomp
and circumstance. And you know, I can't help think, Bill,
you remember his first presidency, how they're were sports teams
that weren't that wouldn't go, would not go to the
White House, right, And there were the NFL. You had
people kneeling at the national anthem and all these things.
(15:11):
I think he's he was dying to get some sort
of sport or some connection that to show hey, there
are sport figures that support me as well.
Speaker 3 (15:22):
Oh, he could have.
Speaker 1 (15:23):
Done croquet on the south lawn, the big beautiful coke
croquet matche, which was actually done a bunch of times
the last time bitten.
Speaker 5 (15:32):
Yeah, just so he could have shuttlecocks on the field.
Speaker 1 (15:35):
Loranda Rousey, former UFC and WWE star, she ruled herself out.
Speaker 3 (15:41):
She's done.
Speaker 1 (15:43):
She said she's got better crap, except she didn't use
the word crap to do when asked, I says I
ain't fighting at the fn White House now.
Speaker 2 (15:52):
In on the White House lawn, apparently.
Speaker 1 (15:56):
In typical fashion. Stephen Chung, who is White House communications
director this year, told in an interview with The Wall
Street Journal, I'm going to quote this will be one
of the greatest and most historic sports events in history,
far greater, for example, than any Olympics that has ever occurred.
Speaker 3 (16:17):
This is going to be this big.
Speaker 5 (16:20):
Beautiful talking about a huge and probably the fastest growing sport.
So it's multifaceted.
Speaker 2 (16:30):
Who knows what goes through President Trump's brain.
Speaker 3 (16:33):
You don't know.
Speaker 1 (16:33):
And by the way, this really is it's not wrestling,
which is quote exhibition where the thing is it's all
manufactured and choreographed, because that's what wrestling is about. This
is a real match. People really do get beat up,
and you don't know who's going to win. This is
like a boxing match, as you said. Absolutely, So I'm
(16:55):
sure it's going to be broadcast. I can't imagine that.
It wouldn't help you. So twenty five thousand people are
gonna be there. I'm sure it's gonna be a ticket
that everybody wants. I don't know if they're gonna charge
for tickets or not. Do we have any idea at
this point? Or is this gonna be by invitation?
Speaker 5 (17:11):
Twenty to twenty five thousand people in attendance. That's massive. Yeah,
and again I'm there on the South Lawn.
Speaker 1 (17:17):
Yeah, it doesn't get better.
Speaker 3 (17:19):
I mean, this is just entertainment with a capital E.
Speaker 2 (17:22):
All they took tickets there, that would be hilarious.
Speaker 1 (17:25):
We should give away tickets, so see if we can.
You should see if we can get hold of some tickets.
Speaker 3 (17:30):
And let's see.
Speaker 1 (17:31):
If we get hold of some tickets, then we'll have
you know, the fifteenth callar or something along those lines.
Or you can write in an essay why you want to.
Speaker 5 (17:38):
Go cono and I are going to be the opening fight.
He's gonna no public sale.
Speaker 2 (17:47):
Whimps.
Speaker 3 (17:48):
Hey, here is an aside. Neil used to do mixed
martial arts.
Speaker 5 (17:53):
Oh not like this. Mine is glorified slap fighting. Compared
to these guys, we're coming back stuff. I mean they
really they This has gotten to a place where it
is chess with consequences.
Speaker 2 (18:10):
It's pretty impressive.
Speaker 3 (18:11):
Okay, a story about married couples.
Speaker 1 (18:14):
I love talking about this because well, I've sort of
been around the block on this one, and this is
a shared bank account issue. Nearly a quarter of all
married couples no longer use shared bank accounts.
Speaker 3 (18:28):
According to data from the US Census Bureau.
Speaker 1 (18:31):
The percentage of couples without any joint bank accounts grew
from fifteen percent in nineteen ninety six twenty three percent.
Speaker 3 (18:39):
I mean, it came just short of doubling. And why
is that?
Speaker 1 (18:43):
Well, first of all, let me go around the block here, Neil,
do you and Tracy have a shared bank account?
Speaker 5 (18:51):
We have access to each others and were signers on
them and all of that, but I pretty much used
mine and she pretty much uses her.
Speaker 2 (19:00):
But we can cross over.
Speaker 5 (19:02):
So, yeah, they're all shared, I suppose, but I you know,
one was started by me years ago, one was started
by her.
Speaker 2 (19:12):
But yeah, we have access to each other's stuff.
Speaker 1 (19:13):
All right, So you have shared bank accounts, tono, how
about you? What's your wife?
Speaker 2 (19:18):
No?
Speaker 1 (19:19):
No shared accounts? No, you are now a growing number
of married couples.
Speaker 3 (19:26):
Uh.
Speaker 1 (19:26):
And as far as I'm concerned, I have a shared account,
but only to pay for household accounts.
Speaker 3 (19:33):
I put into it, Lindsey puts into it.
Speaker 1 (19:35):
And that's what we do, just to pay for the
ongoing expenses. I got my money, she's got her money.
You know, I got to touch my money. I tell you,
mine is mine?
Speaker 3 (19:47):
What's let me? Here's what normally happens with married couples.
Speaker 1 (19:51):
Uh. And this is the wife in this case, or
the spouse who is not the breadwinner, says, here's the
way the bank accounts work.
Speaker 4 (19:58):
Uh.
Speaker 1 (19:59):
What's my is mine, what's yours is wine? And that's
how you live a married life. And it is not pleasant.
And why would the number of people who are not
sharing bank accounts growing?
Speaker 3 (20:13):
Well, because well, first of.
Speaker 1 (20:14):
All, older people tend to be sharing accounts because that's
used to be the way the world worked, and now
more people are moving into the kono life, and that
is because they're getting married later. People already are independent.
They come to the marriage with their own accounts, their
own lives, and they're particularly interested in, you know, having
(20:38):
a bank account with other folks.
Speaker 5 (20:41):
Tono's case, though, it's a it's a little ceramic pig.
So I don't know that his wife needs to get
into that. Yeah, some bubblegum or something.
Speaker 3 (20:50):
Now does it matter by the way shared bank accounts
or not?
Speaker 1 (20:54):
In reality, it doesn't if you're in a community property
state like California. California doesn't care where the account is shared,
not shared. Where do the money come from to go
into the accounts, any money that's earned after marriage or
during the during the time that someone is burried.
Speaker 3 (21:13):
It's community property.
Speaker 1 (21:14):
If you're married, which means I've got my money in
my account, Lindsay has her money in her account. Let
me tell you it's all the same. It's community property.
Each of us own half of it. CONU, Did you
know that?
Speaker 3 (21:28):
Yeah? I knew that.
Speaker 6 (21:29):
Okay, you don't like the hassle though my age, we
always like to get rid of the small hassles, you know,
how hard it is to take your money out of
a bank. They try to keep you there, and it's
so I don't want to have this conversation with you.
I'm just I'll just leave it. I'm fine, Yeah, that's
what you will do.
Speaker 1 (21:45):
It's happening more and more so it has to do
right when Americans are getting married. The older, the more
you have shared bank accounts, the younger you don't.
Speaker 3 (21:56):
All right, we're done for a Monday morning. That's it
coming up.
Speaker 1 (22:02):
It's Gary and Shannon and we're again back tomorrow like
we normally are. It starts with wake up call, and
that's Amy and not Will.
Speaker 3 (22:14):
When's Will come back a week from today?
Speaker 1 (22:17):
I keep on asking that because that Will is the
only name I can remember.
Speaker 3 (22:22):
So what can I tell you? Who's our traffic eye again?
Mike Morris? Mike Morris. I have to write that down.
I have to write that down. Mike.
Speaker 1 (22:31):
I'm forgetting your name, but then I forget everybody else's
name for long periods of time. Okay, okay, yeah, well
only you should take it personally. And then cono, Ann
and Neil and I is six o'clock to nine, and
you know how it goes.
Speaker 3 (22:48):
This is kf I am six forty You've been listening
to the Bill Handle Show.
Speaker 1 (22:53):
Catch my show Monday through Friday, six am to nine am,
and anytime on demand on the iHeartRadio app
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