HOA HELL
HOA Hell with Michael Kushner is your inside guide to surviving—and winning—against California’s most abusive and overreaching HOAs. Leveraging almost 30 years of experience fighting for HOA members, Michael Kushner gives California homeowners real tools to fight back against abusive boards, outrageous rules, and everyday HOA nonsense. If your HOA is making your life a living Hell, then this podcast is for you.
Episodes
89 episodes
Can Your HOA Change the Rules Without a Vote? What California Law Actually Says
In this episode of HOA HELL, attorney Michael Kushner explains how rulemaking works in California HOAs and when HOA boards must go to the membership for a vote. 🎯 What You’ll Learn in This Episode:✅ How rulemaking authority m...
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35:53
HOA from Hell? This New Book Shows California Homeowners How to Fight Back and Win
In this special episode, attorney Michael Kushner reveals the inside story behind his groundbreaking new book: “HOA HELL | California Homeowners’ Definitive Guide to Beating Bad HOAs." In this episode, you’ll learn why HOA HELL is C...
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51:54
Can My HOA Limit My Guests or What They’re Allowed to Do?
Your HOA says your guests can’t use the pool or that you’re hosting too many visitors. Can they do that? In this HOA Q&A, attorney Michael Kushner explains when guest-related rules are enforceable and when your HOA may be crossing the line....
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2:07
California HOA Election Rules: How to Challenge Rigged or Illegal HOA Elections
In this episode of HOA HELL, attorney Michael Kushner explains how California HOA elections are supposed to work and what to do when boards cut corners or game the process. 🎯 What You’ll Learn in This Episode:✅ How secret bal...
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43:46
Can I Report My HOA to the State?
Your HOA is breaking the rules, but can you report them to a state agency in California? In this HOA Q&A, attorney Michael Kushner explains why there’s no state oversight body for HOAs, and what legal options homeowners actually have when t...
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1:51
Can HOA Board Members Go to Jail in California? What’s Actually a Crime (and What Isn’t)
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 differen...
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43:24
Can My HOA Fine Me for Leaving My Trash Cans Out Too Long?
Your HOA says you left your trash cans out too long and hits you with a fine. Is that legal? In this HOA Q&A, attorney Michael Kushner explains when trash can rules are enforceable and where boards often go too far. 🎯 What You’l...
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1:51
Can I Sue My HOA for Emotional Distress? What Actually Works in California
In this episode of HOA HELL, attorney Michael Kushner explains how California law defines emotional distress and why the term means something very different inside a courtroom than it does in everyday life. 🎯 What You’ll Learn in Th...
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34:39
California HOAs and Mental Health: Harassment, Isolation, and Legal Protections
In this episode of HOA Hell, attorney Michael Kushner tackles real-life mental health scenarios in California HOAs and explains how disability protections intersect with nuisance rules. You’ll hear how FHA and FEHA apply, where boards cross the...
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26:34
California HOAs and Crime: What Your Board is Required to Do
In this episode of HOA Hell, attorney Michael Kushner explains what California HOAs are actually required to do, and not required to do, about crime and safety within their communities. 🎯 What You’ll Learn in This Episode:...
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28:15
California HOAs: What is a Fiduciary Duty?
In this episode of HOA Hell, attorney Michael Kushner breaks down what “fiduciary duty” actually means for California HOA boards and why it matters to your rights, your money, and your quality of life. You’ll hear plain-English examples of the ...
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35:07
California HOA Problems: Easement Encroachment, Election Violations, and Service Animal Rights
In this consultation-centered, “grab-bag” episode of HOA Hell, attorney Michael Kushner walks through real homeowner consultations to show what works, what doesn’t, and how to avoid costly mistakes when dealing with your HOA. 🎯 What...
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33:52
AB 130 Capped HOA Fines at $100—But Don’t Celebrate Just Yet
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, e...
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2:25
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 ...
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41:44
California HOAs: Service Animals, Emotional Support Animals, and What Homeowners Must Know
In California HOAs, service animals and emotional support animals are not the same, and confusing them leads to conflict. In this episode, attorney Michael Kushner explains what your HOA can and can’t ask, when ADA does not apply, how FHA and C...
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40:52
Can Your HOA Ban Yoga or Stretching in Your Front Yard? The Law on HOA Aesthetic Overreach
Believe it or not, some HOAs in California have started citing homeowners for doing yoga, stretching, or light exercise in their own front yards. They claim that such activities violate vague “community aesthetic” standards. But under Californi...
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2:06
Can California HOAs Ban Trump, Pride & BLM Signs?
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 ...
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26:46
How California HOAs Really Work: What Buyers Miss, and What Homeowners Need to Know
In this episode of HOA HELL, attorney Michael Kushner explains the fundamentals of how HOAs operate in California and what every homeowner should know before buying into one. From what HOAs are, to who runs them, to the critical dut...
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43:59
Can My HOA Ban Day Care Facilities in Our Community?
Your HOA’s governing documents ban businesses, including day care. But is that legal? In this HOA Q&A, attorney Michael Kushner explains why California law protects licensed family day care homes, even inside HOAs that otherwise prohi...
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2:02
California HOA Enforcement, ADUs & Elections: 5 Disputes to Watch in 2026
Top 5 HOA battles are coming for California homeowners in 2026. In this episode of HOA HELL, attorney Michael Kushner breaks down the disputes that will define HOA life in 2026, from AB 130 enforcement to insurance shocks, aging infrastructure,...
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37:36
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 discussio...
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39:31
Can My HOA Enforce Rules That Conflict With State or Local Law?
Your HOA has rules. But what happens if they go too far by conflicting with, or violating federal, state, or municipal law? In this HOA Q&A, attorney Michael Kushner explains when HOA rules are legally enforceable, and when they conflict wi...
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1:50
If I Sue My HOA Will I Get My Attorney’s Fees Back?
In this episode of HOA HELL, attorney Michael Kushner answers one of the most common homeowner questions: If I win a lawsuit against my HOA, will I get my attorney’s fees back? From the American Rule to Civil Code § 5975, Kushner ex...
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29:34
Your HOA Can Regulate Your Remodel, But the Rules Must Be Reasonable
Most California HOAs have the power to regulate how you remodel, landscape, or modify your property. But under Civil Code § 4765, that power has strict limits. Your HOA can’t deny your application based on vague aesthetics, personal...
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1:42
HOA CC&Rs: The Only Sections You Actually Need to Read
In this episode of HOA HELL, attorney Michael Kushner walks homeowners through their CC&Rs, explaining which provisions they can safely skip and which ones they must read and understand. Instead of slogging through a hundred pages of legale...
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30:27