Neighbor Disputes—Your HOA Can’t Pretend It’s Not Their Problem

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 to enforce the governing documents—including nuisance provisions. That means if your neighbor is interfering with your quiet enjoyment or safety, or is otherwise violating the rules, the board may not stand by and do nothing. It must take action. 

If they won’t? You can submit a written enforcement demand, request Internal Dispute Resolution (IDR), or—if necessary—call us at MBK Chapman, where we’ll make sure to hold your board accountable for failing to do its job. 

If you want to dive into the specific of neighbor disputes, check out the 6-part series already available on your favorite podcast channel, including this one.

If you’d like to download Michael Kushner’s free 20-page “Essential Guide to Neighbor Disputes in California,” then click here: https://mbkchapman.com/learning/ and scroll down to the correct Guide. You’ll be able to download it for free. 

🔔 Subscribe for more powerful legal tools to hold your HOA accountable. 

🌐 📞Want to talk to an attorney at MBK Chapman? Contact us 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. 

#NeighborDisputes #HOAEnforcement #CaliforniaHOALaw #michaelkushner #lukecarlson #lscarlsonlaw #badhoa #mbkchapman 

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