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August 7, 2025 44 mins

In this episode of HOA HELL, attorney Michael Kushner exposes the often-overlooked role that management companies play in California HOAs and how that role can spiral into abuse, neglect, or outright misconduct if left unchecked. 

Kushner walks listeners through exactly how management companies are hired, what their contracts say, and what they’re legally allowed, and not allowed, to do. He breaks down common red flags that signal mismanagement, and explains what tools homeowners can use to fight back even though the management company doesn’t report to them directly. 

This episode arms homeowners with a powerful roadmap to spot missteps, request critical documents, organize fellow members, and demand board accountability. It also explains why you usually can’t sue the management company directly and why that doesn’t mean you’re powerless to stop the abuse.  

🎯 What You’ll Learn in This Episode

✅ Why management companies aren’t supposed to run your HOA. 

✅ What management contracts say, how they work, and how to get a copy.

✅ Red flags that your manager is crossing the line or neglecting their job. 

✅ What duties can never be delegated, no matter what the board wants (even though they often are).

✅ How to push your board to fire, replace, or rebid a bad management company.

✅ Why you usually can’t sue the manager directly, but how to hold them accountable anyway. 

If you're dealing with unresponsive managers, rising costs, or unexplained board decisions, this episode gives you the legal clarity and leverage that you need to take action. 

🎧 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. 

#MichaelKushner #MBKChapman #HOALaw #CaliforniaHOA #BadHOA #HOAManagementCompany #HOAAbuse #HOAAccountability #DavisStirlingAct

🔥 HOA Hell
When your HOA goes rogue, we go to war.
California’s top HOA attorney shares real legal tools to help homeowners fight back—and win.

👉 Got an HOA nightmare? Submit your question at HOAHELLpodcast@mbkchapman.com for a chance to be featured on HOA Hell Queries.

📌 Learn more about your rights as a homeowner: MBKChapman.com

📲 Follow us:
Instagram: @mbkchapmanpc
YouTube: HOA Hell (https://www.youtube.com/@HOAHELLpodcastofficial)

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