When it comes to relying on martial arts training in a real-world situation, when the pressure’s on, you’ll never rise to the occasion; instead, you’ll fall to your training. The same is true in HOA litigation. Homeowners facing a bad HOA are at an automatic disadvantage because the HOA’s lawyer does nothing but represent associations. You deserve that same level of focused expertise. As the pioneer in homeowner-side HOA law in California with nearly 30 years of experience, I’ve built MBK Chapman to be the black belt in your corner. Watch MBK Chapman’s new video to see why our experience, discipline, and a deep knowledge of the Davis-Stirling Act are the only ways to flip the script on a bully board. #HOAlawyer #HOAattorney #DavisStirlingAct #CaliforniaHOA #badHOA #HOAhell #MBKChapman #MichaelKushner

Condo and townhome HOAs are increasingly passing rules to restrict or ban the charging of e-bike and e-scooter batteries inside individual units. While this feels like an invasive overreach to many residents, the legal reality comes down to the source of the restriction. Under Civil Code § 4350, an HOA operating rule must be reasonable. When a rule is grounded in an objective, real-world fire-safety hazard, such as the known risk of thermal runaway in shared-wall structures, it stands on incredibly strong legal footing. This is completely different from an HOA trying to control aesthetics or personal property use without a reasonable basis. #HOAlawyer #HOAattorney #CaliforniaHOA #DavisStirlingAct #CivilCode4350 #HOACommonArea #HOArules #HOAhell #EBikeBattery #FireSafety

Can my California HOA use drones to photograph my backyard or document violations on my property? It depends on the circumstances. An HOA using a properly FAA-certified drone operator to photograph an unoccupied backyard for the purpose of documenting a visible structural violation occupies a more defensible legal position than one deploying drones over occupied spaces or hiring an unlicensed operator. When no person is present, no private activity is being captured, and the operator holds proper FAA certification, the HOA can argue that the surveillance was reasonable under Civil Code 4350 and consistent with its enforcement authority. The legal picture changes significantly when the drone captures images of a person engaging in private activity in a manner a reasonable person would find offensive, at which point Civil Code 1708.8 imposes direct civil liability regardless of whether the drone ever touches the ground. An unlicensed operator adds federal regulatory exposure on top of the privacy claims. And even in the most defensible scenario, an HOA that reaches for drones before exhausting the noticed inspection rights most CC&Rs already provide will struggle to justify the more intrusive approach. #HOAlawyer #HOAattorney #CaliforniaHOA #DavisStirlingAct #Drones #HOACameras #HOAissues #HOAhell

Can my HOA charge fees related to ADU construction? No. But that doesn’t mean that your HOA may not charge a fee (e.g., a construction management fee). As long as your HOA’s governing documents allow for a fee that applies to all construction projects or applications, then your HOA would be able to charge that same fee for your ADU application. It's just that your HOA can't impose ADU-related fees (i.e., fees aimed only at ADU plans or applications). Any attempt to charge extra for processing, inspections, or “impact” violates Civil Code 4751. #HOAlawyer #HOAattorney #CaliforniaHOA #DavisStirlingAct #ADU #JADU #HOAissues #HOAhell

One wrong move can completely tank your legal case against a bad HOA board. Homeowners often try to fight an emotional war, but the association's lawyers are trained to weaponize your frustration and flip the narrative right back onto you. Watch this short video to see if you are making any of the top five biggest mistakes that wipe out a homeowner's leverage in a California HOA dispute. #HOAlawyer #HOAattorney #CaliforniaHOA #DavisStirlingAct #HOAdispute #HOAissues #HOAhell

What's the difference between a JADU and a regular ADU? Size and location are the big ones. A JADU can be no larger than 500 square feet and has to be built within the existing walls of your single-family home, such as an attached garage that already sits inside the home’s footprint. A JADU also requires a separate entrance and an efficiency kitchen. Also, under the new law, if the JADU has its own bathroom, there is no longer a requirement that the owner live at the property. A full-size ADU is larger and often a freestanding structure (which is what most people think of when they picture an ADU or granny flat). That distinction matters for HOA disputes because a JADU adds no new exterior structure and no building footprint, which strips away most of what an HOA would normally object to, like setbacks, height, lot coverage, and density. #HOAlawyer #HOAattorney #CaliforniaHOA #DavisStirlingAct #ADU #JADU #HOAissues #HOAhell

When you are locked in a dispute with your HOA, making a single wrong move can completely derail your case. Homeowners frequently walk into these conflicts out of pure frustration, but turning your dispute into an emotional war instead of a strategic one plays right into the board's hands. The HOA's attorneys will weaponize every hostile email you send and flip the narrative on you. In this short Q&A, I break down the top five biggest mistakes California homeowners make when fighting their HOA. If you are currently in a dispute over rules, fines, or assessments, you cannot afford to make these unforced errors. Watch the video to see if you are accidentally tanking your own legal case. #HOAlawyer #HOAattorney #CaliforniaHOA #DavisStirlingAct #HOAdispute #HOAissues #HOAhell

When it comes to California HOA elections, "size doesn't matter." Whether your HOA has 6 members or 600, the Davis-Stirling Act imposes strict procedural mandates that every board must follow to ensure a valid election, including appointing an inspector of elections. Watch this short HOA Q&A to learn about the requirements surrounding inspectors of election. #HOAlawyer #HOAattorney #CaliforniaHOA #DavisStirlingAct #CivilCode5110 #HOAelections #InspectorofElection #HOAhell #MBKChapman