Is Your HOA Charging You for Attorney Fees? It’s a Scam, so Push Back

Some HOAs are quietly charging homeowners thousands of dollars in attorneys’ fees without ever going to court, without winning a case, and without the legal right to do so. In this episode of HOA HELL, attorney Michael Kushner breaks down one of the most common and illegal tactics used by California HOAs: billing homeowners for legal fees during pre-litigation disputes. From consultation charges, to post-hearing letters, to general budget line items, Kushner exposes the ways boards (and their attorneys) disguise legal costs and illegally pass them on to unsuspecting homeowners. He explains what California law actually allows, what your CC&Rs must say to make legal fees enforceable, and what steps you can take to push back, challenge the charge, and get your money back. 🎯 What You’ll Learn in This Episode:✅ Why HOAs cannot legally charge you attorneys’ fees unless they go to court and win, or your CC&Rs clearly authorize it.✅ How HOAs use “enforcement,” “consultation,” and “reimbursement” language to mask illegal legal fees.✅ What Civil Code sections 5975 and 5600 actually say and how they protect homeowners.✅ Why pre-litigation charges, even after hearings or IDRs or ADRs, are almost never lawful.✅ What documents to request, how to phrase your challenge, and what to do if they ignore you.✅ Why even small charges—$750, $2,500, $8—can and should be fought.✅ A real case where Kushner’s team wiped out an $18,000 illegal assessment at a disciplinary hearing. If you’ve ever opened a billing statement and been shocked to see “legal fees” you never agreed to, this is the episode you cannot afford to miss. 🔔 Subscribe for more full-length episodes and shorts to help you fight back against abusive HOA practices. 🌐 📞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. #MichaelKushner #MBKChapman #HOALaw #CaliforniaHOA #BadHOA #LSCarlsonLaw #IllegalHOACharges #AttorneyFees #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/