* 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

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

👉 Got an HOA nightmare? Submit your question at HOAHELLpodcast@mbkchapman.com. more about your rights as a homeowner: https://MBKChapman.com

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

In this HOA Q&A, HOA HELL host Michael Kushner explains why short-term use of the clubhouse by an HOA member for a private event, like a wedding reception or birthday party, does not constitute a transfer of common area to a member for that member’s exclusive use, and therefore does not trigger the membership vote requirement contained in Civil Code § 4600.

🎯 What You’ll Learn in This HOA Q&A:

✅ Why temporary reservations don’t constitute a grant of exclusive use under Civil Code § 4600.

✅ When favoritism or lack of equal access could turn legal use into an abuse of power.

🎧 📞 If you enjoyed this episode, 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 #HOA #CommonArea #ExclusiveUse #HOAHell #BadHOA

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

👉 Got an HOA nightmare? Submit your question at HOAHELLpodcast@mbkchapman.com. more about your rights as a homeowner: https://MBKChapman.com

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

HOA director term limits create confusion for homeowners and boards alike. Some people insist they’re invalid under California law. Others rely on them to force board turnover. Both sides often speak with confidence, but not accuracy.

🎯 What You’ll Learn in This 1-Minute Tip:

✅ When term limits can be enforced in California HOAs.

✅ Where valid term limits must appear to have legal effect.

✅ The potential problems associated with term limits and how smart boards address those problems.

This Tip explains how California law treats HOA director term limits and why the answer depends on how an association adopted them. It also touches on the practical realities boards face when strict limits collide with the realities of volunteerism.

🎧 📞 If you enjoyed this episode, 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 #HOATermLimits #HOAHELL #badHOA

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

👉 Got an HOA nightmare? Submit your question at HOAHELLpodcast@mbkchapman.com. more about your rights as a homeowner: https://MBKChapman.com

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

In this episode of HOA HELL, attorney Michael Kushner breaks down the Business Judgment Rule, including its purpose and how bad HOAs misuse it to shut homeowners down. If your board or manager keeps throwing the “BJR” at you as if it ends the conversation, this episode is for you.

What You’ll Learn in This Episode

✅ What the Business Judgment Rule is and why it exists.

✅ That the Business Judgment Rule does not decide disputes or bar lawsuits.

✅ How Corporations Code section 7231 creates the Business Judgment Rule.

✅ How bad HOAs misuse the Business Judgment Rule to intimidate homeowners.

✅ What to do when an HOA uses the Business Judgment Rule to shut down inquiry.

Attorney Michael Kushner explains that the Business Judgment Rule is a legal presumption, not a get-out-of-jail-free card for bad HOAs. He walks through why the doctrine shows up repeatedly in HOA disputes and how boards and managers misuse it as a pressure phrase.

🎧 📞 If you enjoyed this episode, 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]

#BusinessJudgmentRule #BJR #HOAboard #HOAmanagement #CaliforniaHOA #DavisStirlingAct #badHOA #HOAhell

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

👉 Got an HOA nightmare? Submit your question at HOAHELLpodcast@mbkchapman.com. more about your rights as a homeowner: https://MBKChapman.com

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

If you submit a valid architectural application and your HOA changes the rules to block it, the board is almost certainly violating the Davis-Stirling Act. California law does not let HOAs move the goalposts mid-review simply because they dislike a proposed project.

🎯 What You’ll Learn in This 1-Minute Tip:

✅ Why HOAs must apply the rules in place when you submit your application.

✅ How Civil Code § 4765 limits architectural discretion through fairness and good faith.

✅ When rule changes cross the line into arbitrary and capricious decision-making.

This Tip explains why retroactive architectural rule changes almost never survive legal scrutiny. The Davis-Stirling Act requires reasonable, good-faith procedures, and boards that pass new restrictions to kill pending applications usually violate those standards.

🎧 📞 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]

#HOAArchitecture #ArchitecturalApproval #CivilCode4765 #DavisStirlingAct #CaliforniaHOA #badHOA #HOAhell

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

👉 Got an HOA nightmare? Submit your question at HOAHELLpodcast@mbkchapman.com. more about your rights as a homeowner: https://MBKChapman.com

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

HOA boards love to invoke the Business Judgment Rule as a shield against criticism, but few homeowners understand what that rule is supposed to do or why it exists in the first place. This Tip sets the foundation.

🎯 What You’ll Learn in This 1-Minute Tip:

✅ What the Business Judgment Rule means in California HOAs.

✅ The basic standards directors must meet to receive protection.

✅ Why the law gives boards a presumption of reasonableness.

This is Tip 1 of a 3-part 1-Minute Attorney Tip series on the Business Judgment Rule and how it’s applied to the board members serving in California HOAs. In this first segment, attorney Michael Kushner explains the purpose of the rule, the ordinary prudence standard, and why California law protects volunteer HOA directors who act in good faith and with reasonable care. The next Tips will cover when that protection breaks down and how bad HOA boards misuse the rule to shut homeowners down.

🎧 📞 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, 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 #BusinessJudgmentRule #BJR #badHOA #HOAHELL #CAHOA

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

👉 Got an HOA nightmare? Submit your question at HOAHELLpodcast@mbkchapman.com. more about your rights as a homeowner: https://MBKChapman.com

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

In this episode of HOA HELL, attorney Michael Kushner explains how bad managers often overstep their authority, manipulate processes, and distort information while weak or complicit directors quietly lose control. If this sounds familiar to you, then this episode can help.

What You’ll Learn in This Episode

✅ How bad HOA managers cross the line from mere administration into governance.

✅ Why weak boards unintentionally allow managers to take control.

✅ How bad managers use information gatekeeping and process manipulation to take control of HOAs.

This episode breaks down the repeat patterns that show up in manager misconduct, including information gatekeeping, invented procedures, and board reliance on management instead of board-level decision-making. In short, this episode explains why these problems thrive in HOAs with weak directors, and how homeowners can spot the difference between normal administrative filtering and misconduct.

📞 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]

#HOAManagers #HOAmanagement #CaliforniaHOA #badHOA #HOAhell #DavisStirlingAct #ManagementCompanies

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

👉 Got an HOA nightmare? Submit your question at HOAHELLpodcast@mbkchapman.com. more about your rights as a homeowner: https://MBKChapman.com

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

Attorney Michael Kushner concludes his two-part HOA HELL episode on disabilities and accommodations in California HOAs. In this episode, Kushner explains who qualifies as disabled under California law, what HOAs are legally allowed to ask, and what HOA boards must do when a disabled homeowner makes a request for an accommodation.

What You’ll Learn in This Episode

✅ How California law defines disability more broadly than federal law.

✅ What HOAs are legally allowed to ask when a homeowner requests an accommodation.

✅ The types of accommodations HOAs are commonly required to allow and how the the interactive process is supposed to work.

Kushner also explains how bad HOAs derail the interactive process through delays, improper demands, retaliation, or fake compromises, and when homeowners should escalate and bring in experienced HOA counsel.

🔔 🎧 📞 If you enjoyed this episode, please like and subscribe to HOA HELL. 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]

#HOAdisabilities #HOAaccommodations #FEHA #FairHousingAct #DavisStirlingAct #badHOA #HOAhell

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

👉 Got an HOA nightmare? Submit your question at HOAHELLpodcast@mbkchapman.com. more about your rights as a homeowner: https://MBKChapman.com

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