Selective Enforcement in California HOAs: How to Prove It and Fight Back

In this episode of HOA Hell, attorney Michael Kushner breaks down one of the most common homeowner complaints that his law firm (MBK CHAPMAN) hears from homeowners. Selective enforcement. If your HOA fines you while letting neighbors slide for the same thing, or if your HOA allows others to build things on their properties but denies you permission to build the same type of thing, then your HOA is engaging in selective enforcement, and that’s against the law. In this episode, Kushner explains how to recognize and deal with selective enforcement when it’s happening to you. 

🎯 What You’ll Learn in This Episode: 

✅ What “selective enforcement” means in plain English and how it shows up in day-to-day HOA life.

✅ Why selective enforcement is illegal in California HOAs under Civil Code § 4350.

✅ How to build proof with neighborhood comparisons, photos, and video, plus practical cautions about using drones and respecting the privacy rights of others.

✅ Using a Civil Code §5200 records demand to obtain minutes and committee notes to help you establish patterns.

✅ A case study showing how documented inconsistency led to a favorable outcome. 

Selective enforcement is not only illegal, it’s enraging when it happens to you. But you don’t have to accept it. With the tips Kushner offers in this episode, you’ll be in a good position to fight back if your HOA tries to treat you differently than others.  

🔔 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 Chapma

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