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Your HOA says you can’t trash the board online, and it wants a deposit and an insurance policy before you can even meet in the clubhouse to talk about a recall. Both demands are illegal, and a $1,000-an-hour attorney recently told homeowners the opposite, in print. In this episode, attorney Michael Kushner, California’s most experienced homeowner-side HOA attorney, breaks down both halves of Civil Code 4515, the statute that protects your right to criticize your HOA and to organize your neighbors, and shows you exactly where those rights stop.
What You’ll Learn in Today’s Episode:
✅ What Civil Code 4515 does to the non-disparagement clause in your governing documents.
✅ How harshly the law lets you criticize your board and its individual directors online, by name.
✅ The exact line where protected criticism crosses the line into defamation or criminal conduct.
✅ The $1,000-an-hour attorney who got this statute backwards in print.
Knowing both sides of 4515 is the difference between a homeowner who gets silenced and one who knows his or her rights and uses them freely.
Helpful Links:
“Can My California HOA Stop Homeowners From Meeting Together in the Common Area?”
https://mbkchapman.com/hoa-stop-homeowners-meeting-common-area-fact-sheet/
“Can My California HOA Fine Me for Criticizing It on Social Media?”
https://mbkchapman.com/can-hoa-fine-you-social-media-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.
👉 Got an HOA nightmare? Submit your question at HOAHELLpodcast@mbkchapman.com. Or learn more about your rights as a homeowner by visiting: https://www.mbkchapman.com/fact-sheets.
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