Claim OwnershipHOA HELL
Subscribed: 4Played: 94
Subscribe
© 2026 HOA HELL
Description
HOA Hell with Michael Kushner is your inside guide to surviving—and winning—against California’s most abusive and overreaching HOAs. Leveraging almost 30 years of experience fighting for HOA members, Michael Kushner gives California homeowners real tools to fight back against abusive boards, outrageous rules, and everyday HOA nonsense. If your HOA is making your life a living Hell, then this podcast is for you.
100 Episodes
Reverse
Attorney Michael Kushner concludes his two-part HOA HELL episode on disabilities and accommodations in California HOAs. In this episode, Kushner explains who qualifies as disabled under California law, what HOAs are legally allowed to ask, and what HOA boards must do when a disabled homeowner makes a request for an accommodation. What You’ll Learn in This Episode ✅ How California law defines disability more broadly than federal law. ✅ What HOAs are legally allowed to ask when a h...
In this two-part episode of HOA HELL on disability rights in California HOAs, attorney Michael Kushner focuses on how the law treats homeowners with disabilities. What You’ll Learn in This Episode ✅ How federal and California law treat disability differently. ✅ The types of accommodation requests that commonly trigger HOA resistance. In Part 1, attorney Michael Kushner explains how everyday accommodation requests—like parking changes, ramps, handrails, lifts, and access to common ...
In this episode, attorney Michael Kushner explains how rental restrictions work under the Davis-Stirling Act. He also walks through common HOA tactics that create improper hurdles for owners, the financial consequences to an HOA that blocks lawful rentals, and what homeowners can do if their HOAs are violating the law. What You’ll Learn in This Episode ✅ How Civil Code sections 4740 and 4741 limit HOA authority. ✅ Why ADUs and JADUs get treated differently than other types ...
Attorney Michael Kushner tackles real questions from California homeowners in this special “Ask Me Anything” episode of HOA HELL. From neighbor disputes and property damage, to HOA governance, every question comes directly from listeners of the podcast. What You’ll Learn in This Episode ✅ When smoke from a neighbor’s wood smoker crosses the line into an actionable nuisance that interferes with the use and enjoyment of your home. ✅ How California law treats overhanging branches, fr...
In this episode, attorney Michael Kushner tackles an important question: Do you have a right to see the license and insurance information of a contractor hired by your HOA before the contractor commences work on your property? Kushner explains why, even though the Davis Stirling Act is technically silent on this specific point, California law very likely implies that the answer is yes. 🎯 What You’ll Learn in This Episode: ✅ How unlicensed or uninsured contractors hired by your HOA can e...
In this episode of HOA HELL, attorney Michael Kushner explains how conflicts of interest arise naturally inside California HOAs and why they only become a serious problem when boards fail to disclose them or handle them correctly. 🎯 What You’ll Learn in This Episode: ✅ How the law defines a “conflict of interest.” ✅ The legal difference between abstaining and recusal. ✅ How conflicts of interest commonly appear in most HOAs. ✅ How to use Civil Code 5200 record requests to detect undiscl...
In this episode of HOA HELL, attorney Michael Kushner explains how California’s HOA Open Meeting Act works. 🎯 What You’ll Learn in This Episode: ✅ What the Open Meeting Act is and the most common ways that HOAs in California violate it. ✅ The notice and agenda rules for all types of board meetings. ✅ The five specific topics that may be discussed in executive session and why everything else must be handled in open meetings. ✅ How emergency board meetings work. ✅ What you need to know ab...
In this 1-Minute Atty Tip, attorney Michael Kushner explains who’s responsible for the maintenance, repair, and replacement of HOA common areas and exclusive use common areas. 🎯 What You’ll Learn in This 1-Minute Atty Tip: ✅ The default responsibility rules under Civil Code 4775. ✅ When HOAs must pay for repair, replacement, and maintenance of common area components. ✅ How responsibility works for exclusive use common area components. ✅ What to do when your HOA wrongly claims you owe fo...
If you receive a pre-lien letter from your HOA, you cannot ignore it. In this 1-Minute Atty Tip, attorney Michael Kushner breaks down what a pre-lien notice is, why you must not ignore it, and what you should do if you receive one. 🎯 What You’ll Learn in This 1-Minute Atty Tip: ✅ What a pre-lien letter is and why it signals real risk to your property. ✅ The 30-day notice requirement before an HOA can record a lien or begin foreclosure. ✅ The immediate steps you can take to dispute char...
Attorney Michael Kushner breaks down one of the most common forms of HOA abuse in California: selective enforcement. This episode explains how homeowners can recognize selective enforcement, prove it, and demand equal treatment under California law. 🎯 What You’ll Learn in This Episode: ✅ What selective enforcement looks. ✅ How favoritism and retaliation play a role in selective enforcement. ✅ The steps to take when your HOA targets you. Selective enforcement isn’t just unfair, it...
A neighbor keeps blocking your driveway and your HOA says it’s a private dispute? That’s not just frustrating. It’s wrong. In this 1-Minute Attorney Tip, attorney Michael Kushner explains why HOAs have a legal duty to enforce the governing documents. 🎯 What You’ll Learn in This 1-Minute Tip: ✅ Why HOA boards are required to enforce rules about ingress, egress, and parking, and why “work it out with your neighbor” is the wrong answer. ✅ What legal tools homeowners can use to force board ...
In this episode of HOA HELL, attorney Michael Kushner explains how rulemaking works in California HOAs and when HOA boards must go to the membership for a vote. 🎯 What You’ll Learn in This Episode: ✅ How rulemaking authority must be in the CC&Rs or Bylaws and why rules cannot conflict with higher documents. ✅ How a rule is legally adopted, including the notice-related timelines. ✅ How certain HOA board actions require a membership vote (e.g., increasing special assessments beyond a ...
In this special episode, attorney Michael Kushner reveals the inside story behind his groundbreaking new book: “HOA HELL | California Homeowners’ Definitive Guide to Beating Bad HOAs." In this episode, you’ll learn why HOA HELL is California’s ONLY definitive, practical, step-by-step guide for California HOA members. You’ll learn about his systems of “strategic persistence” and leverage “stacking,", and how those systems can you help you achieve real change in your HOA. This epis...
Your HOA says your guests can’t use the pool or that you’re hosting too many visitors. Can they do that? In this HOA Q&A, attorney Michael Kushner explains when guest-related rules are enforceable and when your HOA may be crossing the line. 🎯 What You’ll Learn in This HOA Q&A: ✅ Why your HOA can’t restrict who you invite into your home. ✅ When guest use of common areas can be limited by rules. Michael explains the difference between valid guest restrictions and overreach, and wh...
In this episode of HOA HELL, attorney Michael Kushner explains how California HOA elections are supposed to work and what to do when boards cut corners or game the process. 🎯 What You’ll Learn in This Episode: ✅ How secret balloting actually works. ✅ The core duties of the designated inspector of elections and who can serve as a truly independent inspector. ✅ Member voting rights. ✅ Whether to file a lawsuit in small claims court or the superior court. This episode fills you in on the t...
Your HOA is breaking the rules, but can you report them to a state agency in California? In this HOA Q&A, attorney Michael Kushner explains why there’s no state oversight body for HOAs, and what legal options homeowners actually have when the board violates the law. 🎯 What You’ll Learn in This HOA Q&A: ✅ That the Department of Real Estate and Attorney General don’t handle HOA complaints. ✅ What enforcement tools homeowners do have. ✅ How civil legal tools are the only real path ...
In this episode of HOA HELL, attorney Michael Kushner breaks down when California HOA board misconduct actually crosses the line from civil wrongdoing into criminal behavior. 🎯 What You’ll Learn in This Episode: ✅ The difference between civil HOA violations and conduct that can lead to criminal charges. ✅ Real examples of board misconduct that qualify as crimes, including embezzlement, theft by false pretenses, filing false documents, forgery, perjury, and criminal elder abuse. ✅ Why so...
Your HOA says you left your trash cans out too long and hits you with a fine. Is that legal? In this HOA Q&A, attorney Michael Kushner explains when trash can rules are enforceable and where boards often go too far. 🎯 What You’ll Learn in This HOA Q&A: ✅ That HOAs are allowed to adopt rules about trash can timing. ✅ Rules must meet the requirements of Civil Code § 4350. ✅ Why next-morning deadlines are likely valid, but 7:00 p.m. deadlines may not be. Michael breaks down h...
In this episode of HOA HELL, attorney Michael Kushner explains how California law defines emotional distress and why the term means something very different inside a courtroom than it does in everyday life. 🎯 What You’ll Learn in This Episode: ✅ The difference between ordinary emotional stress and the legal standards for emotional distress damages. ✅ The elements of Intentional Infliction of Emotional Distress (IIED) and Negligent Infliction of Emotional Distress (NIED) under California...
In this episode of HOA Hell, attorney Michael Kushner tackles real-life mental health scenarios in California HOAs and explains how disability protections intersect with nuisance rules. You’ll hear how FHA and FEHA apply, where boards cross the line with harassment, public shaming, or refusing reasonable accommodations, and what practical accommodations and processes actually look like. 🎯 What You’ll Learn in This Episode: ✅ How mental health conditions are treated as disabilities under...
Comments
Download from Google Play
Download from App Store
United States