In this 1-Minute Attorney Tip, California HOA attorney Michael Kushner explains why a standard demand letter might be a waste of time—and why an ADR Demand Letter under Civil Code §§ 5925–5940 gives you real legal leverage.
Unlike informal letters that HOAs can simply ignore, an ADR Demand Letter triggers mandatory timelines and formal obligations to mediate. If the HOA refuses, that decision can come back to haunt them—even if they win in court. Civil Code § 5960 allows a judge to reduce or deny attorneys’ fees if a party unreasonably refuses to participate in ADR.
And here's the strategic bonus: unless the HOA sends back its own ADR demand, only your issues will be on the table at mediation. You control the narrative.
Don’t let the HOA dictate the terms. Use the law to set the agenda.
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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.
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