DiscoverHOA HELLCan HOA Board Members Go to Jail in California? What’s Actually a Crime (and What Isn’t)
Can HOA Board Members Go to Jail in California? What’s Actually a Crime (and What Isn’t)

Can HOA Board Members Go to Jail in California? What’s Actually a Crime (and What Isn’t)

Update: 2025-10-20
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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 some buzzwords, like “extortion,” “money laundering,” and “misappropriation of funds,” sound criminal but usually aren’t under California law.

✅ How filing false documents, forgery, and perjury can expose board members to felony prosecution.

✅ What homeowners can do when they suspect a crime. 

There’s a big difference between the usual HOA misconduct like breach of fiduciary duty, fraud, negligence, breach of contract, and others AND crimes.  When HOA misconduct turns criminal, homeowners need to know how to respond. 

🔔 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 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. 

#criminalHOA #embezzlement #HOAcrimes #DavisStirlingAct #badHOA #hoahellbook 

🔥 HOA Hell
California’s #1 HOA attorney shares real legal tools to help homeowners fight back—and win.

📚 Tired of your HOA’s abuse? Preorder Michael Kushner’s new groundbreaking book, HOA HELL. HOA HELL is the first step-by-step book that every California homeowner needs to fight back and win against bad HOAs from Hell.

💥 Amazon (Kindle) [https://tinyurl.com/tx47hmvn] | Barnes & Noble (Hardcover/Softcover) [https://www.barnesandnoble.com/s/hoa%20hell]

👉 Got an HOA nightmare? Submit your question at HOAHELLpodcast@mbkchapman.com for a chance to be featured on HOA Hell Queries.

📌 Learn more about your rights as a homeowner: MBKChapman.com

📲 Follow us:
Instagram: @mbkchapmanpc
YouTube: HOA Hell (https://www.youtube.com/@HOAHELLpodcastofficial)

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Can HOA Board Members Go to Jail in California? What’s Actually a Crime (and What Isn’t)

Can HOA Board Members Go to Jail in California? What’s Actually a Crime (and What Isn’t)

Michael Kushner