How California HOAs Really Work: What Buyers Miss, and What Homeowners Need to Know

In this episode of HOA HELL, attorney Michael Kushner explains the fundamentals of how HOAs operate in California and what every homeowner should know before buying into one. 

From what HOAs are, to who runs them, to the critical duties of boards and management companies, this episode gives homeowners a clear picture of how these organizations actually function and the red flags to watch out for. 

🎯 What You’ll Learn in This Episode:

✅ What an HOA is under California law, and how CC&Rs define the community.

✅ How HOA boards of directors are chosen, who can serve, and what their legal duties are.

✅ The three fundamental duties every HOA must perform (e.g., maintaining common areas, enforcing governing documents, etc.). 

✅ Why failure to perform these duties can directly impact your wallet in the form of dues, assessments, or even FHA lending restrictions.

✅ The role of management companies, what they can (and cannot) do. 

✅ How rules are adopted under Civil Code § 4350, why CC&Rs always prevail.

✅ Why reserve studies and percent-funded numbers are crucial indicators of financial health.

✅ Red flags to check before buying into an HOA, including outdated governing documents, missing reserve studies, excessive litigation, and selective enforcement.  

If you already live in an HOA, this episode will help you spot financial and governance problems that could cost you money. If you’re thinking about buying into one, it gives you the tools to know what you’re walking into. 

🔔 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

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