Do Condo Owners Have to Make Fire Zone Disclosures in California?

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

This mismatch between legal duty and actual authority puts condo sellers at risk for lawsuits, cancelled escrows, and potentially massive liability. Kushner breaks down the statute, explains what must be disclosed, and gives condo owners a step-by-step plan to protect themselves—especially when their HOAs won’t cooperate. 

🎯 What You’ll Learn in This Episode: 

✅ Why Civil Code section 1102.19 puts condo owners in a legal trap when selling in fire-prone areas. 

✅ The three disclosures you must make, and why most condo owners can’t actually verify any of them on their own. 

✅ How to request critical information from your HOA before listing your unit. 

✅ What to write if your HOA won’t respond, so you don’t leave a disclosure blank. 

✅ What happens if your deal falls apart or if a buyer sues you after the sale. 

This episode gives condo owners a clear legal roadmap for complying with disclosure laws and minimizing risk during a sale in a high fire hazard zone. 

🔔 Subscribe for more full-length episodes and shorts to help you fight back against abusive HOA practices. 

🎧 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. 

#MBKChapman #HOALaw #CaliforniaHOA #BadHOA #LSCarlsonLaw #FireZoneDisclosure #HOASellerLiability #FailuretoDisclose #DavisStirlingAct 

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