Is Your HOA Ignoring Unsafe Common Areas? What the Law Requires in California

Some HOAs are failing to perform the most basic duty they owe to their members—maintaining, repairing, and replacing common area elements. In this episode of HOA HELL, attorney Michael Kushner breaks down why so many California HOAs fall short, how that failure puts you at legal and financial risk, and what red flags you should be watching for if your board is dragging its feet. From cracked stairways and leaking roofs to ignored inspection reports and deferred slope repairs, Kushner walks listeners through the most common scenarios where HOA neglect creates real danger. He also outlines exactly what steps you can take to force action before your property value—and your safety—are at risk. 🎯 What You’ll Learn in This Episode: ✅ What Civil Code section 4775 requires and why your HOA must act, even if the repair is expensive or not budgeted. ✅ The six most common excuses boards use to avoid fixing serious safety issues. ✅ How a board’s failure to maintain can trigger insurance claims, lawsuits, or even personal injury liability. ✅ Red flags that your board may be stalling, lying, or downplaying maintenance risks. ✅ Specific steps you can take to demand repairs, inspect records, rally other homeowners, and document board misconduct. ✅ Why some directors mistakenly believe they’re “saving money” by avoiding maintenance, and why that always backfires. This episode gives homeowners the legal framework—and the warning signs—they need to protect their property and hold their boards accountable. 🔔 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. #MBKChapman #HOALaw #CaliforniaHOA #BadHOA #LSCarlsonLaw #FailureToMaintain #HOANegligence #BreachofFiduciaryDuty #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/