California’s new law, AB 130, caps HOA fines at $100 per violation. On the surface, that sounds like a win for homeowners. But not so fast. AB 130 is actually a disaster of a law, and in this 1-Min Attorney tip, HOA attorney, Michael Kushner, explains why.  

Rather than curbing HOA abuse, AB 130 is already fueling more ADR demands (the precursor to more lawsuits), more confusion, and more board misconduct. A lot of HOAs are going to go down one of two roads: (a) they’re either going to be confused about the ambiguity and vagueness of the law, and error on the side of doing nothing (i.e., not enforcing the governing documents), which hurts good HOA members; or (b) they’re going to wash their hands of fining as a means of enforcement (for fear of running afoul of the law because of uncertainty and then facing the prospect of paying a homeowner’s attorney’s fees), and instead will just initiate more ADR demands (and if necessary, more lawsuits).  

🎯 What You’ll Learn in This 1-Minute Tip:

✅ The law’s vague language is already creating costly disputes.

✅ Homeowners are telling us: “I’ll just pay the fine as the cost of doing business.” That’s the opposite of deterrence. 

This isn’t reform. It’s chaos. And homeowners (or so-called expert attorneys who should know better) who think AB 130 is a panacea against bad HOAs are in for a rude awakening. 

📌 Read more in my articles on AB 130: https://mbkchapman.com/blog/california-hoa-fine-limits-ab-130/ and https://mbkchapman.com/blog/ab-130-financial-commitment-loophole/.   

🌐 📞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

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