HOA Member and Tenant Rights: What California Law Says

In this episode of HOA HELL, attorney Michael Kushner breaks down the critical differences between the rights of HOA members and tenants who reside in the community. From elections and board participation, to the use of amenities, the discussion highlights what tenants can and cannot do in HOA communities, and where the ultimate responsibility always falls (on the property owner/member).  

🎯 What You’ll Learn in This Episode:

✅ How HOAs can ban short-term rentals and why grandfathering rules matter.

✅ The key rights that tenants do not have, including voting, board participation, recalls, and demanding documents under Civil Code § 5200.

✅ What tenants can do, including using common area amenities such as pools, gyms, and clubhouses.

✅ How owners can be disciplined for tenant behavior.

✅ How courts view the financial and vested interests of tenants versus owners, and why that impacts HOA disputes. 

Tenants and members may share space in HOA communities, but their rights and responsibilities are far from equal. This episode explains exactly where those lines are drawn and why owners must understand the risks that come with renting out their property. 

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🎧 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. 

#HOArentals #HOALaw #CaliforniaHOA #Harassment #MichaelKushner #MBKChapman #LSCarlsonLaw #Shortermrentals #BadHOA #DavisStirlin

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