Can Your HOA Change the Rules Without a Vote? What California Law Actually Says

from HOA HELL · host Michael Kushner

In this episode of HOA HELL, attorney Michael Kushner explains how rulemaking works in California HOAs and when HOA boards must go to the membership for a vote. 🎯 What You’ll Learn in This Episode:✅ How rulemaking authority must be in the CC&Rs or Bylaws and why rules cannot conflict with higher documents.✅ How a rule is legally adopted, including the notice-related timelines.✅ How certain HOA board actions require a membership vote (e.g., increasing special assessments beyond a certain level, transferring common area into exclusive use common area, etc.).✅ How to respond if an HOA violates the law. Understanding the notice periods, voting thresholds, and challenge options gives homeowners a clear path to hold boards accountable. 📚 Tired of your HOA’s abuse? Preorder Michael Kushner’s new groundbreaking book, HOA HELL. HOA HELL is the book that every California homeowner needs to fight back and win against bad HOAs.💥 Amazon (Kindle) | Barnes & Noble (Hardcover/Softcover) 🌐 📞Need help? Contact MBK Chapman at www.mbkchapman.com. Mention the HOA HELL podcast for a discounted consultation. 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 is the attorney who pioneered this niche area of the law—representing homeowners in disputes with their HOAs—in California. He created and taught the systems now used by the biggest law firms in the state focused on HOA litigation. Through his firm, MBK Chapman, and now through HOA HELL, Kushner continues to give homeowners practical legal tools to fight back. #HOALaw #CaliforniaHOA #BadHOA #DavisStirlingAct #HOARules #CivilCode4340 #CivilCode4350 #CivilCode4360 #CivilCode4600 #CivilCode5605 #HOAElections 🔥 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/

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This episode is 35 minutes long.

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This episode was published on November 10, 2025.

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