California HOAs: What is a Fiduciary Duty?

In this episode of HOA Hell, attorney Michael Kushner breaks down what “fiduciary duty” actually means for California HOA boards and why it matters to your rights, your money, and your quality of life. You’ll hear plain-English examples of the two duties that make up the fiduciary duty in the HOA setting (i.e., the duty of care and the duty of loyalty), and you’ll learn how transparency defeats self-dealing, what confidentiality really requires, and the specific steps homeowners can take when they spot red flags. 

🎯 What You’ll Learn in This Episode:

✅ What the term “fiduciary duty” consists of in the context of your HOA board, and why it’s a higher standard than ordinary “duties” you might owe to others.

✅ What the duty of care and duty of loyalty are.

✅ Practical red flags to watch for and how to investigate for potential breaches by your board.

✅ Why ongoing board inattention to maintenance, finances, and minutes constitute breaches of fiduciary duty. 

Fiduciary duty touches many types of HOA disputes. By understanding what the duties of care and loyalty are, homeowners can identify breaches early and act before small problems become financial or safety crises. 

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🎧 Listen on YouTube @hoahellpodcastofficial or wherever you get your podcasts. 

🌐 📞Need help? Contact MBK Chapman at www.mbkchapman.com. Mention the HOA HELL podcast for a discounted consultation. 

DISCLAIMER:  

This content constitutes attorney advertising.  

The content of this podcast is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by listening to this podcast, submitting a question, or receiving a response. Always consult with a licensed attorney regarding your specific legal situation. MBK Chapman and Michael Kushner disclaim any liability for actions taken or not taken based on the information provided in this podcast.  

This communication does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. 

ABOUT:  

Michael Kushner is the attorney who pioneered this niche area of the law—representing homeowners in disputes with their HOAs—in California. He created and taught the systems now used by the biggest law firms in the state focused on HOA litigation. Through his firm, MBK Chapman, and now through HOA HELL, Kushner continues to give homeowners practical legal tools to fight back. 

#FiduciaryDuty #CaliforniaHOA #HOAboard #HOAlaw #DavisStirlingAct #lscarlsonlaw #michaelkushner #mbkchapman #badHOA #

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