HOA HELL

Bad HOAs have a bad habit of removing trees from the common areas without warning, without a vote, and without any plan to replace them. But unless the trees in question pose a risk to people’s health and safety, that kind of unilateral action is likely a violation of California law. 

In this 1-Minute Attorney Tip, HOA attorney Michael Kushner explains how boards are bound by the Davis-Stirling Act and the CC&Rs when it comes to...

California law gives HOAs the power to regulate architectural changes, but it also puts strict limits on how that power can be used. In this episode of HOA HELL, attorney Michael Kushner breaks down how far your HOA can go when it comes to reviewing and denying your home improvement plans. 

From vague aesthetic denials to outright retaliation, Kushner explains what makes a denial unreasonable, arbitrary, or capricious under Civil Co...

California’s new law capping HOA fines at $100 per violation is being celebrated by some as a win for homeowners. But in this episode of HOA HELL, attorney Michael Kushner breaks down why AB 130 is not the reform it appears to be, and why those so-called experts who support the law didn’t think through the consequences Kushner discusses. Based on his deep dive into the statute and its fallout, Kushner exposes how the law’s vague la...

Your HOA says you have to tear out your grass and install drought-resistant landscaping, but is that legal? In this HOA Q&A, attorney Michael Kushner explains what California law actually says, and why your board may be overstepping if they try to force the change. 

🎯 What You’ll Learn in This HOA Q&A:

✅ What Civil Code § 4735 says.

✅ Why boards can’t require turf removal unless the governing documents authorize it.

✅ How cost...

In this episode of HOA HELL, attorney Michael Kushner takes on one of the most common and most infuriating HOA disputes in California: parking enforcement. 

From surveillance-fueled fines to predatory towing, HOAs across the state are abusing their power. This episode breaks down exactly what HOAs are allowed to do, what they’re not, and what you can do when your board crosses the line. 

NOTE TO LISTENER: THIS EPISODE WAS FILMED BEFO...

HOA board holding closed-door meetings—but not telling you why? 

Under California law, HOA boards are only allowed to discuss five specific topics in executive session. Anything else must be done in public. 

In this 1-Minute Attorney Tip, California HOA attorney Michael Kushner explains exactly what Civil Code § 4935 permits—and how boards routinely violate it. 

🎯 What You’ll Learn in This 1-Minute Tip: 

✅ The five topics an HOA board...

Can your HOA force you to tear out your grass, install decomposed granite, or replace your flowers with cactus? Or can they fine you for not complying with state drought mandates or for letting your grass die? 

In this episode of HOA HELL, attorney Michael Kushner breaks down California Civil Code section 4735 and what it actually says about drought-tolerant landscaping and what your HOA can and can’t do about it. 

Whether your HOA i...

In this episode of HOA HELL, attorney Michael Kushner exposes a dangerous gap in California law that affects nearly every condo owner trying to sell in a high fire hazard zone. California Civil Code section 1102.19 requires specific fire-related disclosures when selling property in high-risk areas. The problem with that is that the law fails to account for the unique position of condo owners, who often don’t own or control the roof...

Escrow is moving fast and suddenly your HOA won’t release the resale disclosures, inspection reports, or demand statement. You did everything right, but now your deal is falling apart, and the HOA’s silence is threatening to put you at financial risk. 

In this 1-Minute Attorney Tip, California HOA attorney Michael Kushner explains how sellers can enforce their rights when an HOA refuses to cooperate during escrow and why Civil Code ...

If a pipe bursts or water leaks into your unit, will your HOA’s insurance cover the damage? In this HOA Q&A, attorney Michael Kushner tackles that question. 

🎯 What You’ll Learn in This HOA Q&A: 

✅ What HOA master insurance policies typically cover and what they don’t.

✅ Why drywall, flooring, cabinets, and personal property are usually excluded from HOA policies.

✅ What an HO-6 condo policy is, and why every condo owner shoul...

In this episode, Michael Kushner concludes this 2-part series by exposing how some boards don’t just underfund reserves, they engage in actual fraud. In this episode, Kushner exposes the deceptive tactics bad HOAs use to manipulate reserve studies, inflate their “percent funded” numbers, and avoid disclosing the true financial condition of their HOAs. From delisting major components and tampering with useful life calculations, to s...

Most homeowners know their HOA is supposed to set aside money for future repairs, but few understand how those funds are calculated, what they’re actually for, or what the “percent funded” number on their annual budget summary really means. In this episode of HOA HELL, which is Part 1 of 2, attorney Michael Kushner walks you through the core elements of a reserve fund and reserve study, explains how they’re structured under Califor...

In this 1-Minute Attorney Tip, California HOA attorney Michael Kushner explains how service animals are not pets under the law—and what your HOA can and cannot legally demand from you. 

Under both federal and California fair housing laws, service animals are assistive devices—like a wheelchair—and they’re protected. This includes dogs and, in some cases, miniature horses. 

Your HOA is legally allowed to ask only two questions: 

✅ Is t...

In this 1-Minute Attorney Tip, California HOA attorney Michael Kushner explains your rights when it comes to EMOTIONAL SUPPORT ANIMALS—and how they differ from SERVICE ANIMALS under the law. Stay tuned for the next 1-Min Atty Tip, where I’ll cover SERVICE ANIMALS.  

But for now, here's what you need to know about emotional support animals: 

Under California and federal fair housing laws, an HOA must make reasonable accommodation...

Can a small group of owners flip an HOA election—even without majority support?

Yes, if your HOA uses cumulative voting. And most do, unless they’ve formally opted out. 

In this 1-Minute Attorney Tip, Michael Kushner explains how cumulative voting really works and how you can use it to break up an entrenched board majority. You’ll learn how vote-stacking works, why it’s effective in low-turnout elections, and why most election inspec...

In this 1-Minute Attorney Tip, California HOA attorney Michael Kushner explains your legal right to install an electric vehicle charging station—even if your assigned parking spot is located in the common area. 

Under Civil Code section 4745, your HOA can’t ban EV chargers outright. They can impose reasonable conditions—like requiring permits, licensed contractors, and insurance—but they must respond within 60 days of your written r...

Some HOAs are quietly charging homeowners thousands of dollars in attorneys’ fees without ever going to court, without winning a case, and without the legal right to do so. In this episode of HOA HELL, attorney Michael Kushner breaks down one of the most common and illegal tactics used by California HOAs: billing homeowners for legal fees during pre-litigation disputes. 

From consultation charges, to post-hearing letters, to general...

In this 1-Minute Attorney Tip, California HOA attorney Michael Kushner explains why a standard demand letter might be a waste of time—and why an ADR Demand Letter under Civil Code §§ 5925–5940 gives you real legal leverage. 

Unlike informal letters that HOAs can simply ignore, an ADR Demand Letter triggers mandatory timelines and formal obligations to mediate. If the HOA refuses, that decision can come back to haunt them—even if the...

In this 1-Minute Attorney Tip, California HOA attorney Michael Kushner breaks down what your HOA must do when a neighbor is breaking the rules. 

If you’re dealing with a neighbor who’s violating the CC&Rs—loud noise, illegal rentals, harassment, or other disruptive behavior—your HOA can’t just shrug and say, “It’s not our problem,” or “That’s a neighbor-to-neighbor issue.” 

Wrong. 

Under California law, HOAs have a fiduciary duty ...