California HOAs: The Business Judgment Rule episode artwork

EPISODE · Jan 19, 2026 · 42 MIN

California HOAs: The Business Judgment Rule

from HOA HELL · host Michael Kushner

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 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 [email protected]. Or learn more about your rights as a homeowner by visiting: https://www.mbkchapman.com/fact-sheets. 📲 Follow us on:Instagram: @mbkchapmanpc YouTube: HOA HellLinkedIn:  https://www.linkedin.com/company/mbk-chapmanFacebook:  https://www.facebook.com/MBKChapmanX:  https://x.com/MBKchapman Reddit:  https://www.reddit.com/r/hoa_hell/ 

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 ...

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California HOAs: The Business Judgment Rule

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This episode was published on January 19, 2026.

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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...

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