Can My California HOA Stop Me From Raising My Fence to Keep Out Coyotes?

While many questions we receive about HOAs have clean answers, the ones that end up in court rarely do. In this episode, HOA attorney Michael Kushner, California’s most experienced homeowner-side HOA attorney, and co-host Sam Khil, take opposite sides of a real jaw-dropping case out of the Nellie Gail HOA in Orange County. Coyotes cleared a family’s fence again and again, at all hours of the day and night, killing their goats one by one. When attempts to stop the attacks failed, the homeowner finally took the only action remaining to him: he chose to add a few feet of height to his fence. Only then did the carnage stop.  The HOA went after the homeowner for violating a perfectly enforceable rule (fence height), and despite trying to find a solution that would please the HOA and save this man’s goats, the HOA wouldn’t give in, and they sued the homeowner to force him to restore the fence to its original height. Watch Kushner and Khil land on opposite sides of whether this homeowner can beat his HOA.  What You’ll Learn in this Episode:✅ Why a rule your HOA can absolutely enforce might still lose in court.✅ How coyotes turned a compliant homeowner into a rule-breaker overnight.✅ Why bright-line answers are rare once a real dispute reaches a judge.✅ Why a rule can clear the reasonableness bar and still be the wrong call.✅ Why the hardest HOA fights are the ones that need an expert in your corner. If you’ve ever wondered how two expert HOA lawyers can pull apart a case they don’t agree on, this one puts you right inside that argument, and shows how even language that looks airtight, like the reasonableness requirement in Civil Code 4350, leaves real room for an expert HOA attorney to work. Helpful Links: “HOA Rules in California: Legal Authority and Rulemaking Limits”https://mbkchapman.com/california-hoa-rules-legal-authority-rulemaking-limits-fact-sheet/ “Can My California HOA Make My Kid (or Me) Wear a Helmet?”https://mbkchapman.com/california-hoa-helmet-rule-fact-sheet/ “Can My California HOA Ban or Regulate E-Bikes and E-Scooters?”https://mbkchapman.com/hoa-e-bike-rules-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.  💥 Amazon [https://tinyurl.com/tx47hmvn] | Barnes & Noble [https://www.barnesandnoble.com/s/hoa%20hell] #DavisStirlingAct #CaliforniaHOA #badHOA #HOAHell #HOAlawyer #HOAattorney #HOArules #fencerules #coyotes #CivilCode4350 #NellieGail🔥 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/