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A Torrance HOA hit its owners with a $49,000 special assessment, and a San Clemente HOA hit its members with one for $26,000, stories that both ABC7’s Leanne Suter and KFI AM 640’s Monks & Merrill brought to California’s foremost homeowner-side HOA attorney, Michael Kushner, for his opinion. In this episode, Kushner walks prospective buyers through how to look into an HOA’s financial health before buying into a community. Looking for these red flags won’t predict the future, but it will give buyers a better chance of avoiding an HOA with a massive special assessment on the horizon.
What You’ll Learn in today's Episode:
✅ How to force the required Civil Code § 4525 disclosures into your hands early so you can review them during your contingency period instead of after it’s too late.
✅ The percentage funded number in the reserve study, and the range Kushner points to as a healthy one.
✅ Why to ask for the full reserve study, not just the summary, when you check whether the major components are funded.
✅ The questions to ask the neighbors, and the reserve-borrowing habit that can signal a special assessment ahead.
Do this before you buy, and you’ll know whether you’re walking into a well-run HOA or the next $49,000 assessment.
Helpful Links:
“California HOA Special Assessments: What They Are, When They’re Legal, and How Homeowners Can Challenge Them”
https://mbkchapman.com/california-hoa-special-assessments-fact-sheet/
“Why Do My California HOA Fees Keep Going Up?”
https://mbkchapman.com/california-hoa-fees-fact-sheet/
“Can My California HOA Charge a Special Assessment for Rising Insurance Costs?”
https://mbkchapman.com/california-hoa-special-assessment-insurance-fact-sheet/
“When Can a California HOA Raise Dues Without a Vote?”
https://mbkchapman.com/california-hoa-assessment-increase-fact-sheet/
“HOA Reserve Studies in California: Understanding the “Percent Funded” Number”
https://mbkchapman.com/hoa-reserve-studies-in-california-fact-sheet/
“Can My California HOA Borrow From Reserves?”
https://mbkchapman.com/hoa-borrow-from-reserves-california-fact-sheet/
🎧 📞 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.
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🔥 HOA Hell
Attorney Michael Kushner, California’s #1 homeowner-side HOA lawyer, shares real legal tools to help homeowners fight back and win against Bad HOAs.
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