Common Area Nightmares: What to Do When Your HOA Won’t Repair, Replace, or Maintain

In this episode of HOA HELL, attorney Michael Kushner tackles one of the most frustrating and costly HOA disputes homeowners face: when the HOA refuses to repair or maintain common areas. From leaking roofs and cracked patios, to slope failures and hidden pipe damage, these common area nightmares cause real harm—and often leave homeowners stuck with the bill. But California law gives you real power to fight back. 🎯 What You’ll Learn in This Episode: ✅ What California law actually requires your HOA to maintain—and what it doesn’t.✅ What to do when the HOA delays, denies, or claims the damage is your fault.✅ The difference between negligence and breach of the CC&Rs—and why both matter.✅ How to build legal leverage without spending a fortune.✅ Why “self-help” repairs can backfire—and what to do instead. You’ll also hear a real case where a client’s backyard began collapsing—and the HOA did nothing. We sued and recovered over $300,000 in damages, plus forced the HOA to implement a real maintenance plan. If your HOA is dodging its duties while your home is flooding, cracking, or collapsing—this is the episode you need. 🔔 Subscribe for more powerful legal tools to hold your HOA accountable. 🎧 Watch or listen to my full-length HOA HELL podcasts on YouTube @hoahellpodcastofficial, or wherever you listen to your podcasts. 🌐 📞 Want to talk to an attorney at MBK Chapman? Contact us 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. #FailuretoMaintain #CaliforniaHOA #CommonAreaRepairs #MichaelKushner #MBKChapman #LSCarlsonLaw #LukeCarlson #BadHOA #DavisStirlingAct 🔥 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/