California HOAs: Service Animals, Emotional Support Animals, and What Homeowners Must Know

In California HOAs, service animals and emotional support animals are not the same, and confusing them leads to conflict. In this episode, attorney Michael Kushner explains what your HOA can and can’t ask, when ADA does not apply, how FHA and California fair-housing rules come into play, and what real-world limits (leash/control, nuisance, waste) still apply. If your board is hassling you about your animal, this episode is for you.

What You’ll Learn:
✅ The core difference between service animals and emotional support animals.
✅ The two questions an HOA may ask you when it comes to your service animals.
✅ What HOAs cannot demand from you when it comes to service animals.
✅ Why ADA generally does not govern HOAs.
✅ Legal risks associated with falsely claiming that your animal is a service animal.
✅ Practical steps you should take if your HOA violates your rights.

Both service animals and emotions support animals play critical roles to the people who depend on them, and the law is crystal clear regarding what HOAs can and can’t do. Don’t let your HOA violate your rights.

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🌐 📞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.

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