California HOAs and Crime: What Your Board is Required to Do

In this episode of HOA Hell, attorney Michael Kushner explains what California HOAs are actually required to do, and not required to do, about crime and safety within their communities.

🎯 What You’ll Learn in This Episode:
✅ HOAs are not private police and are not guarantors of anyone’s safety.
✅ HOA boards have a duty to exercise reasonable care regarding the common areas under their control by, for example, repairing safety features (e.g., lighting, gates, locks, cameras, or access systems).
✅ To the extent that an HOA’s governing documents include certain safety features/amenities like those listed above, HOA’s have a duty to repair/maintain such components if they stop working properly.
✅ HOAs are not obligated to install surveillance cameras or other safety features throughout the entire property unless their documents make them obligated. But HOAs might be required to install some new features, depending on budget constraints, that have never existed if it’s reasonably necessary to protect the health and safety of the members, residents, and visitors.
✅ Boards might also have a duty to notify the membership when safety features are not functioning, especially if there have been “incidents” related to the safety features’ absence.

In short, this episode establishes that an HOA’s responsibilities are to take reasonable measures to ensure the safety of the community and to strictly abide by its governing documents when it comes to the maintenance, repair, and replacement of safety/crime-related amenities.

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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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