TO OUR HOA HELL PODCAST LISTENERS: 

We recorded this episode of HOA HELL two weeks before the tragic and horrifying events of September 10, 2025, in which Charlie Kirk was murdered. We are deeply saddened and outraged by this cowardly act of violence.

At HOA HELL, we hold firmly to the principle that free speech is one of the most fundamental cornerstones of our nation. Whatever one’s political, social, or cultural views may be, every person has the right to their opinions and to express them in the public forum without fear of harm to themselves or their property. 

We share this message in the spirit of reaffirming that principle, especially during this time of grief and reflection. 

That being said, here’s what you’ll learn from today’s episode of HOA HELL: 

✅ The difference between commercial and non-commercial speech in HOAs, and why it matters.

✅ Where signs may be displayed on your property and exclusive-use common area, and when HOAs may prohibit items on common area.

✅ The size limitations of your flags, banners, and signs, beyond which the HOA may regulate.

✅ What HOAs may regulate within the size limitations protected by statute.

✅ How some boards try to use Penal Code § 11411 to get around your free speech rights. 

If your display is non-commercial, within statutory size/material limits, and on your property or exclusive-use area, your HOA’s power to restrict is very narrow. Strong reactions from neighbors, even in the face of threats of violence, are not a legal basis for the board to order removal of otherwise protected speech. 

🔔 Subscribe for more full-length episodes and shorts to help you fight back against abusive HOA practices. 

🎧 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 ho

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