Can My HOA Enforce Rules That Aren’t in the CC&Rs?

Your HOA says you violated a rule, but it’s not in the CC&Rs. Can they really enforce it? In this HOA Q&A, attorney Michael Kushner explains how California law allows HOAs to adopt enforceable rules outside the CC&Rs, but only if the governing documents give them that power and the rule meets strict legal standards.

🎯 What You’ll Learn in This HOA Q&A:
✅ Where an HOA’s authority to adopt rules come from.
✅ The legal requirements for enforceable HOA rules under Civil Code § 4350.
✅ When a board-adopted rule may be invalid or unenforceable.

In this episode of HOA Q&A, Kushner explains what makes a rule enforceable and when your board may be overstepping its legal authority.

🔔 Subscribe for more HOA Q&As to help you hold your HOAs accountable.

🌐 📞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.

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