Emergency or Excuse? How HOAs Use “Safety” to Justify Illegal Emergency Assessments

A few months ago in Modesto, an HOA blindsided its members with a $25,000-per-unit “emergency” assessment to replace just eight red-tagged balconies—without a vote, and without following key legal procedures. And this isn’t just a Modesto problem. Across California, HOAs are abusing the emergency assessment loophole—declaring preventable maintenance issues as “emergencies” so they can skip a member vote and impose massive charges on homeowners. In this episode of HOA HELL, Michael Kushner and senior associate Sam Khil break down how emergency assessments are supposed to work under California law—and how boards are violating that law left and right. 🎯 What You’ll Learn in This Episode: ✅ When HOAs are legally required to hold a membership vote.✅ What actually qualifies as an “emergency” under California law.✅ What boards must do before imposing any emergency assessment.✅ Why long-term neglect, mismanagement, and bad planning don’t count as emergencies.✅ What rights you have to push back.✅ How to challenge an illegal emergency assessment. If your board just hit you with a surprise assessment and called it an “emergency,” this episode is for you. 🎧 Listen on YouTube @hoahellpodcastofficial or wherever you get your podcasts. 🌐 📞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. #SpecialAssessment #EmergencyAssessment #CaliforniaHOA #MichaelKushner #MBKChapman #BadHOA #LSCarlsonLaw #LukeCarlson #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/