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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Speaker 1 (00:00):
You're listenings KFI AM six forty the bill Handle Show
on demand on the iHeartRadio.
Speaker 2 (00:06):
F you are listening to the bill Handle Show.
Speaker 3 (00:10):
Welcome the.
Speaker 1 (00:13):
COKI AM six forty bill Handle here on a Monday morning,
October sixth, and the new Supreme Court term begins today.
We'll talk a lot more about that. We're still waiting
for Israel Kamas ceasefire toox to see how those pan out.
Speaker 3 (00:31):
And here's a fun story.
Speaker 1 (00:33):
Disney's Disneyland's newest ride, and that is the truck up
Mount Everest. As hundreds of people are in line to
sum edit, around three hundred people three hundred fifty were evacuated.
The ride actually broke down at a certain point. It's
like other rides at breakdown, and two hundred other people
(00:56):
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
live under HOA rules, regulations, and the HOA laws. Sixty
five percent of Californians live under HOA.
Speaker 3 (01:16):
I have an HOA. I've lived under HOA for years
and year.
Speaker 1 (01:19):
As a matter of fact, for a period of time,
I was living in a rental house that was on
a street.
Speaker 3 (01:24):
It was a public street. There was an HOA there.
Speaker 1 (01:28):
So 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 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 to thirty, but for the most part, it's
a disastrous law that almost every attorney on both sides
(02:22):
of 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
(02:44):
strong California law in support, is that it reaffirmed this,
you know, the public policy behind ADUs accessory dwelling units,
and it basically clarified what reasonable restrictions were or weren't.
But the best of it is the disastrous. So here's
one thing it did. It capped HA finds it one
(03:04):
hundred 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 hys out there are going
to do one of two things rather going to do nothing,
(03:25):
which means 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
(03:50):
of that, one good thing is what makes this a disaster?
And how you get the examples if you want.
Speaker 1 (03:56):
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 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 governing documents, which is gonna throw litigation 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 seeking
(05:09):
a jump to relief for example. And so we're already
seeing that that number multiply and it's only been a
few months.
Speaker 1 (05:16):
Okay, so you can't you 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 HSOA 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,
(05:42):
or they're going to uh, they're going to 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 can
(06:17):
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 unotended 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
throuted upon. That was called stacking. Uh, it's robbed good.
HOA is of the ability to properly police their own hoas,
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 3 (07:18):
Yeah, now it's what happened before.
Speaker 1 (07:21):
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.
Speaker 3 (07:40):
There are just weeds all over the place. And what
could we do? And I always said, well, this the
the HOA.
Speaker 1 (07:47):
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
explain what per incident means were per violation. So in
the olden days before you know, pre AB one thirty.
Some abuse of hoa's 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.
(08:18):
But now that would be the only way in HOA
could stop that behavior short of filing the 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 this.
Speaker 4 (08:47):
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 big deal.
(09:08):
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 I 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 HWA 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 money is
(09:51):
coming from the coffers, and most stays don't have spare
money to the litigate. They're going to have to specially assessed.
Speaker 3 (09:59):
So what is happen?
Speaker 1 (10:01):
You have a situation, Nana, You've been involved, these cases
are certainly starting these cases. Owner says I'm doing this,
HOA says, no owner decides I'm doing this.
Speaker 3 (10:11):
Do they go to court? Is that really the only
avenue that either one of them can take?
Speaker 4 (10:17):
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, you know,
(10:38):
pending the resolution of the case. And like I said,
that's that works. If they get the objunctive relief that
that does it. That works.
Speaker 3 (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 finds and they're moving just right into the pre
litigation stage, which is good for us.
Speaker 3 (11:13):
But yeah, h I don't want that.
Speaker 1 (11:16):
Yeah, And I've been involved with our ho 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.
Speaker 3 (11:27):
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 Homeowner's 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 a house a pitchfork in a lake
of fire.
Speaker 3 (12:01):
That's very fair, all right, got it, Manuel, it's a manual.
I got it, all right.
Speaker 4 (12:10):
With your h A.
Speaker 3 (12:10):
Yeah, thank you sir, all right, thanks, great 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 HOA law and
it is it costs me a fortune.
Speaker 3 (12:32):
Okay, Uh, what is going on at the White House.
Speaker 1 (12:36):
Some stuff, as I said, is really important to where
the country is going and affects all of us deeply.
Speaker 3 (12:43):
And then there's some stuff that the President is doing that's.
Speaker 1 (12:45):
Just fun and crazy, a woven crazy guy, and that's
what the President can be. So this one, uh, he
announced the date of the anticipated Ultimate Fighting Championship that
he's hosting at the White House, June fourteenth.
Speaker 3 (13:02):
And it's not just out of the blue, by the way.
Speaker 1 (13:05):
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. And he is a big fan of
sporting events and has gone to a bunch of them
since his return to the White House. He went to
(13:25):
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 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, I guess,
the big beautiful Fair, 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.
Speaker 3 (14:10):
To clean it up afterwards. 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.
Speaker 2 (15:07):
You had people kneeling at the national anthem and all
these things.
Speaker 5 (15:11):
I think he's he was dying to get some sort
of sport or some connection that to show the hey,
there are sport figures that support me as well.
Speaker 1 (15:22):
Oh, he could have 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 2 (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.
Speaker 4 (15:51):
Now in.
Speaker 2 (15:54):
On the White House lawn, apparently.
Speaker 3 (15:56):
In typical fashion.
Speaker 1 (15:58):
Stephen Chung, who is the 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 6 (16:17):
This is going to be this big, 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, Yeah.
Speaker 3 (16:33):
You don't know. And by the way, this really is.
Speaker 1 (16:35):
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 sure it's going.
Speaker 3 (16:55):
To be broadcast. I can't imagine that. It wouldn't help you.
Speaker 1 (16:58):
So twenty five thousand people are gonna be there. I'm
sure it's going to 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 going to be by invitation? Twenty to twenty five
thousand people in attendance. That's massive. Yeah, and again I'm
there on the South Lawn. Yeah, it doesn't get better.
(17:19):
I mean, this is just entertainment with a capital E.
If they took tickets there, that would be hilarious. We
should give away tickets, so see if we can. You
should see if we can get hold of some tickets.
And let's see if we get hold of some tickets
and we'll have you know, the fifteenth callar or something
along those lines, or you can write in an essay
why you want to go?
Speaker 2 (17:39):
Cono and I are going to be the opening fight.
He's gonna no public sale. Whimps.
Speaker 3 (17:48):
Hey, here is an aside. Neil used to do mixed
martial arts.
Speaker 2 (17:53):
Oh not like this.
Speaker 5 (17:55):
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 1 (18:11):
Okay, a story about married couples. 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.
Speaker 4 (18:42):
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, but we can
cross over. So yeah, they're all shared, I suppose, but
I you know, one was started by me years ago.
Speaker 2 (19:11):
One was started by her. But yeah, we have access
to each other stuff, all right.
Speaker 3 (19:14):
So you have shared bank accounts too, how about you?
What's your wife?
Speaker 4 (19:18):
No?
Speaker 3 (19:19):
No shared accounts. No, you are now a growing number
of married couples.
Speaker 6 (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. I put into it,
Lindsey puts into it. 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. Let me tell you, mine is mine? What's
(19:47):
let me here's what normally happens with married couples.
Speaker 6 (19:51):
Uh.
Speaker 1 (19:51):
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. Uh, what's my is mine? What's
yours is mine? 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? Well, because, well,
(20:14):
first of 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,
(20:37):
having a bank account.
Speaker 3 (20:39):
With other folks.
Speaker 5 (20:40):
Weno's case, though, it's a little ceramic pig so, I
don't know that his wife needs to get into that.
Speaker 2 (20:47):
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 married, it's
community property. If you're married, which means I've got my
(21:16):
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.
Speaker 3 (21:25):
Cono, did you know that?
Speaker 2 (21:28):
Yeah, I knew that.
Speaker 7 (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 like, I don't want to have this conversation with you.
I'm just I'll just leave it. I'm fine.
Speaker 3 (21:44):
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. All right,
we're done for a Monday morning. That's it coming up.
It's Gary and Shannon and we're again back tomorrow like
(22:07):
we normally are. It starts with wake up call and
that's Amy and not Will. When does Will come back
a week from today? I keep on asking that because
that Will is the only name I can remember.
Speaker 3 (22:21):
So what can I tell you? Who's our traffic eye again?
Speaker 2 (22:26):
Mike Morris?
Speaker 3 (22:27):
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 kno Ann
and Neil and I are six o'clock to nine, and
you know how it goes. This is KFI AM sixty.
(22:51):
You've been listening to the Bill Handle Show. 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 iHeartRadio.
Speaker 2 (00:06):
F you are listening to the bill Handle Show.
Speaker 3 (00:10):
Welcome the.
Speaker 1 (00:13):
COKI AM six forty bill Handle here on a Monday morning,
October sixth, and the new Supreme Court term begins today.
We'll talk a lot more about that. We're still waiting
for Israel Kamas ceasefire toox to see how those pan out.
Speaker 3 (00:31):
And here's a fun story.
Speaker 1 (00:33):
Disney's Disneyland's newest ride, and that is the truck up
Mount Everest. As hundreds of people are in line to
sum edit, around three hundred people three hundred fifty were evacuated.
The ride actually broke down at a certain point. It's
like other rides at breakdown, and two hundred other people
(00:56):
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
live under HOA rules, regulations, and the HOA laws. Sixty
five percent of Californians live under HOA.
Speaker 3 (01:16):
I have an HOA. I've lived under HOA for years
and year.
Speaker 1 (01:19):
As a matter of fact, for a period of time,
I was living in a rental house that was on
a street.
Speaker 3 (01:24):
It was a public street. There was an HOA there.
Speaker 1 (01:28):
So 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 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 to thirty, but for the most part, it's
a disastrous law that almost every attorney on both sides
(02:22):
of 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
(02:44):
strong California law in support, is that it reaffirmed this,
you know, the public policy behind ADUs accessory dwelling units,
and it basically clarified what reasonable restrictions were or weren't.
But the best of it is the disastrous. So here's
one thing it did. It capped HA finds it one
(03:04):
hundred 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 hys out there are going
to do one of two things rather going to do nothing,
(03:25):
which means 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
(03:50):
of that, one good thing is what makes this a disaster?
And how you get the examples if you want.
Speaker 1 (03:56):
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 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 governing documents, which is gonna throw litigation 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 seeking
(05:09):
a jump to relief for example. And so we're already
seeing that that number multiply and it's only been a
few months.
Speaker 1 (05:16):
Okay, so you can't you 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 HSOA 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,
(05:42):
or they're going to uh, they're going to 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 can
(06:17):
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 unotended 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
throuted upon. That was called stacking. Uh, it's robbed good.
HOA is of the ability to properly police their own hoas,
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 3 (07:18):
Yeah, now it's what happened before.
Speaker 1 (07:21):
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.
Speaker 3 (07:40):
There are just weeds all over the place. And what
could we do? And I always said, well, this the
the HOA.
Speaker 1 (07:47):
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
explain what per incident means were per violation. So in
the olden days before you know, pre AB one thirty.
Some abuse of hoa's 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.
(08:18):
But now that would be the only way in HOA
could stop that behavior short of filing the 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 this.
Speaker 4 (08:47):
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 big deal.
(09:08):
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 I 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 HWA 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 money is
(09:51):
coming from the coffers, and most stays don't have spare
money to the litigate. They're going to have to specially assessed.
Speaker 3 (09:59):
So what is happen?
Speaker 1 (10:01):
You have a situation, Nana, You've been involved, these cases
are certainly starting these cases. Owner says I'm doing this,
HOA says, no owner decides I'm doing this.
Speaker 3 (10:11):
Do they go to court? Is that really the only
avenue that either one of them can take?
Speaker 4 (10:17):
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, you know,
(10:38):
pending the resolution of the case. And like I said,
that's that works. If they get the objunctive relief that
that does it. That works.
Speaker 3 (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 finds and they're moving just right into the pre
litigation stage, which is good for us.
Speaker 3 (11:13):
But yeah, h I don't want that.
Speaker 1 (11:16):
Yeah, And I've been involved with our ho 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.
Speaker 3 (11:27):
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 Homeowner's 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 a house a pitchfork in a lake
of fire.
Speaker 3 (12:01):
That's very fair, all right, got it, Manuel, it's a manual.
I got it, all right.
Speaker 4 (12:10):
With your h A.
Speaker 3 (12:10):
Yeah, thank you sir, all right, thanks, great 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 HOA law and
it is it costs me a fortune.
Speaker 3 (12:32):
Okay, Uh, what is going on at the White House.
Speaker 1 (12:36):
Some stuff, as I said, is really important to where
the country is going and affects all of us deeply.
Speaker 3 (12:43):
And then there's some stuff that the President is doing that's.
Speaker 1 (12:45):
Just fun and crazy, a woven crazy guy, and that's
what the President can be. So this one, uh, he
announced the date of the anticipated Ultimate Fighting Championship that
he's hosting at the White House, June fourteenth.
Speaker 3 (13:02):
And it's not just out of the blue, by the way.
Speaker 1 (13:05):
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. And he is a big fan of
sporting events and has gone to a bunch of them
since his return to the White House. He went to
(13:25):
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 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, I guess,
the big beautiful Fair, 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.
Speaker 3 (14:10):
To clean it up afterwards. 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.
Speaker 2 (15:07):
You had people kneeling at the national anthem and all
these things.
Speaker 5 (15:11):
I think he's he was dying to get some sort
of sport or some connection that to show the hey,
there are sport figures that support me as well.
Speaker 1 (15:22):
Oh, he could have 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 2 (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.
Speaker 4 (15:51):
Now in.
Speaker 2 (15:54):
On the White House lawn, apparently.
Speaker 3 (15:56):
In typical fashion.
Speaker 1 (15:58):
Stephen Chung, who is the 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 6 (16:17):
This is going to be this big, 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, Yeah.
Speaker 3 (16:33):
You don't know. And by the way, this really is.
Speaker 1 (16:35):
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 sure it's going.
Speaker 3 (16:55):
To be broadcast. I can't imagine that. It wouldn't help you.
Speaker 1 (16:58):
So twenty five thousand people are gonna be there. I'm
sure it's going to 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 going to be by invitation? Twenty to twenty five
thousand people in attendance. That's massive. Yeah, and again I'm
there on the South Lawn. Yeah, it doesn't get better.
(17:19):
I mean, this is just entertainment with a capital E.
If they took tickets there, that would be hilarious. We
should give away tickets, so see if we can. You
should see if we can get hold of some tickets.
And let's see if we get hold of some tickets
and we'll have you know, the fifteenth callar or something
along those lines, or you can write in an essay
why you want to go?
Speaker 2 (17:39):
Cono and I are going to be the opening fight.
He's gonna no public sale. Whimps.
Speaker 3 (17:48):
Hey, here is an aside. Neil used to do mixed
martial arts.
Speaker 2 (17:53):
Oh not like this.
Speaker 5 (17:55):
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 1 (18:11):
Okay, a story about married couples. 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.
Speaker 4 (18:42):
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, but we can
cross over. So yeah, they're all shared, I suppose, but
I you know, one was started by me years ago.
Speaker 2 (19:11):
One was started by her. But yeah, we have access
to each other stuff, all right.
Speaker 3 (19:14):
So you have shared bank accounts too, how about you?
What's your wife?
Speaker 4 (19:18):
No?
Speaker 3 (19:19):
No shared accounts. No, you are now a growing number
of married couples.
Speaker 6 (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. I put into it,
Lindsey puts into it. 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. Let me tell you, mine is mine? What's
(19:47):
let me here's what normally happens with married couples.
Speaker 6 (19:51):
Uh.
Speaker 1 (19:51):
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. Uh, what's my is mine? What's
yours is mine? 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? Well, because, well,
(20:14):
first of 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,
(20:37):
having a bank account.
Speaker 3 (20:39):
With other folks.
Speaker 5 (20:40):
Weno's case, though, it's a little ceramic pig so, I
don't know that his wife needs to get into that.
Speaker 2 (20:47):
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 married, it's
community property. If you're married, which means I've got my
(21:16):
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.
Speaker 3 (21:25):
Cono, did you know that?
Speaker 2 (21:28):
Yeah, I knew that.
Speaker 7 (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 like, I don't want to have this conversation with you.
I'm just I'll just leave it. I'm fine.
Speaker 3 (21:44):
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. All right,
we're done for a Monday morning. That's it coming up.
It's Gary and Shannon and we're again back tomorrow like
(22:07):
we normally are. It starts with wake up call and
that's Amy and not Will. When does Will come back
a week from today? I keep on asking that because
that Will is the only name I can remember.
Speaker 3 (22:21):
So what can I tell you? Who's our traffic eye again?
Speaker 2 (22:26):
Mike Morris?
Speaker 3 (22:27):
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 kno Ann
and Neil and I are six o'clock to nine, and
you know how it goes. This is KFI AM sixty.
(22:51):
You've been listening to the Bill Handle Show. Catch my
Show Monday through Friday, six am to nine am, and
anytime on demand on the iHeartRadio app
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