Incumbents Cannot Use HOA Resources to Campaign*
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* UNLESS they give equal access to all candidates.
If you’re running against sitting HOA board members, California law strictly limits how they can campaign. Directors cannot use HOA-funded resources to influence an election unless they give equal access to every candidate. When incumbents take over official HOA channels and shut others out, they break the law.
🎯 What You’ll Learn in This 1-Minute Tip:
✅ What California Civil Code § 5135 prohibits during HOA elections.
✅ Which HOA resources boards commonly misuse for campaign purposes.
✅ How the equal access rule contained in Civil Code § 5105 fits into election compliance.
This Tip explains where the legal line is and how boards cross it by disguising campaign messaging as “informational” content. When board members use newsletters, email lists, websites, or management companies without giving equal access to challengers, they’re breaking the law.
🎧 📞 If you enjoyed this Tip, please like and subscribe to HOA HELL. Listen on YouTube at @hoahellpodcastofficial or wherever you get your podcasts. To schedule a consultation, visit https://mbkchapman.com/ and mention the HOA HELL discount.
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 created and taught the systems now used by the biggest law firms in the state focused on HOA litigation. Managing partner of MBK Chapman, and author of the best-selling book, HOA HELL, Kushner teaches homeowners how to fight their bad HOAs and win. 💥 Amazon [https://tinyurl.com/tx47hmvn] | Barnes & Noble [https://www.barnesandnoble.com/s/hoa%20hell]
#DavisStirlingAct #CaliforniaHOA #HOAElections #badHOA #HOAHELL
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