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Monday 8:30am - 5:30pm Tuesday 8:30am - 5:30pm Wednesday 8:30am - 5:30pm Thursday 8:30am - 5:30pm Friday 8:30am - 5:30pm

MBK Chapman PC

The attorneys at MBK Chapman are the best & brightest in the fields of California HOA, Business, and Real Estate law. He pioneered it. Mr.

MBK Chapman is California’s leading homeowner-side HOA law firm, recognized statewide for its depth of experience enforcing the Davis-Stirling Act on behalf of homeowners. For nearly 30 years, the firm’s managing partner, Michael Kushner, has represented thousands of Californians whose homes, finances, and quality of life have been harmed by bad HOAs. Michael Kushner did not enter an existing prac

tice niche. Beginning in 2010, he became the first California attorney, to his knowledge, to deliberately build a full-scale homeowner-side HOA practice after recognizing that HOA abuse was not isolated misconduct, but a systemic problem embedded in HOA governance. He developed homeowner-focused legal strategies, pre-litigation systems, and enforcement tools designed specifically to protect homeowners’ rights, preserve property values, and restore peace of mind for people living in HOA-governed communities. Those systems and strategies proved so effective that the two largest homeowner-side HOA firms in California later adopted the same foundational approach in their own practices. Today, homeowner-side HOA representation is MBK Chapman’s largest and most visible practice area and the focus of its public-facing work. Kushner is widely regarded as California’s #1 homeowner-side HOA attorney. He has authored hundreds of homeowner-focused articles, guides, and legal analyses, created and hosts the hit podcast HOA HELL, and literally wrote the book on HOA abuse, HOA HELL | California Homeowners’ Definitive Guide to Beating Bad HOAs, an Amazon #1 best seller. He has also been selected as a California Super Lawyer for multiple consecutive years, an honor awarded to fewer than 5% of attorneys statewide, reflecting peer recognition for professional achievement and legal excellence. In addition to its homeowner-side HOA practice, MBK Chapman brings decades of experience in complex business, corporate, real estate, and civil litigation matters. Led by seasoned trial and transactional attorneys, the firm delivers strategic, results-driven representation focused on protecting clients’ rights, property, and long-term interests, both inside and outside the courtroom. Disclaimer: Attorney Advertising. Prior results do not guarantee a similar outcome. Each case is different and results depend on its specific facts. Read More of Our Terms of Use @ mbkchapman.com/terms-of-use

06/18/2026

Can My Neighbor Drain Water Onto My Property?
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Encroachment does not always involve fences, structures, or the physical occupation of your land. A neighbor can encroach on your property by altering the natural flow of surface water so that it enters your lot in a way it didn’t before. Whether they concentrate runoff or redirect it entirely, forcing water onto your property constitutes a drainage encroachment that burdens your land.

06/17/2026

Can My California HOA Make Me Pay for Balcony Repairs?
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What You'll Learn in Today’s Episode:
✅ Why these balcony assessments keep exploding into the tens of thousands of dollars.
✅ The "emergency" loophole bad HOAs use to skip your vote.
✅ The hidden trap that can make your home impossible to sell.
✅ Whether you can force your HOA’s insurance to pay instead of you.
✅ The legal shield a lot of HOAs hide behind, and when it shatters.

06/16/2026

What Can I Do If Someone Blocks My Easement?
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An easement gives one person the legal right to use another person’s property for a specific purpose. That right does not transfer ownership of the land, but it does grant a recorded property interest that the landowner must respect. Easements commonly allow access, drainage, utility use, or some other defined use of land that belongs to someone else. Because the right is limited, the purpose of the easement dictates what the holder is entitled to do and what the burdened landowner is prohibited from doing..

06/15/2026

When Is a California HOA Town Hall Meeting Subject to the Open Meeting Act?
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The “town hall” concept has grown in popularity over the last several years, and this fad has understandably filtered down to organizations like HOAs. Many HOA boards organize “town halls” to signal that a meeting is informal, informational, or not part of the board’s formal decision-making process. In the hands of a good HOA, there’s a place for such informal “meetings,” and they present no governance issues. Bad HOAs, however, have weaponized the “town hall” meeting as yet another means of circumventing the Davis-Stirling Act’s meeting-related transparency requirements (i.e., the Open Meeting Act).

06/12/2026

Can My Neighbor Take Over California HOA Common Area?
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Encroachment disputes in California HOAs often arise when a homeowner starts treating common area as if it were part of that homeowner’s separate interest. That happens when a neighbor fences off open space, extends a patio, installs landscaping beyond the permitted boundary, builds into HOA property, or otherwise takes control of area that belongs to the community as a whole. The analysis turns on whether the homeowner has any legal basis to occupy, control, or expand into that space. If no such right exists, the use qualifies as an encroachment regardless of how long it has continued or how the homeowner (or HOA) characterizes it.

06/11/2026

What Does it Mean When Someone Encroaches on My Property?
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Encroachment is one of the most common sources of conflict in California HOAs, yet most homeowners misunderstand what the term actually means. At its core, an encroachment occurs when someone or something physically intrudes onto property they do not have the legal right to use. That intrusion can take many forms, including a fence or patio built over a property line, a patio extended into common area, a structure hanging over a boundary, or a neighbor redirecting water onto a neighboring lot. The label stays the same, but the legal analysis changes depending on the type of encroachment involved.

06/10/2026

Did My California HOA Miss the Balcony Inspection Deadline?
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What You’ll Learn in this Episode:
✅ The balcony inspection deadline a lot of HOA boards get wrong.
✅ Who is legally allowed to inspect your HOA’s balconies, and who is not.
✅ The one document that reveals whether your HOA is compliant.
✅ What inspectors are really looking for.
✅ The self-proclaimed HOA expert whose “articles” got the Balcony Law so very wrong.

06/09/2026

Can My California HOA Hire Unlicensed Contractors? Massive Legal Risks For Homeowners
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Under Business and Professions Code 7048 and 7058, California law requires contractors performing most work valued at $1,000 or more to hold a valid contractor’s license, and that license must match the scope of the work being performed. This is not optional. It is a hard statutory requirement that applies to the types of projects HOAs deal with every day, including roofing, plumbing, electrical work, painting, landscaping, and structural repairs. When an HOA hires someone who lacks the proper license for the job, the legal consequences are not limited to regulatory penalties imposed on the contractor. They extend into employment law, tort liability, and insurance exposure in ways that simply never occur to most HOA boards.

06/08/2026

California HOA Executive Session Rules
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HOA boards in California do not have unlimited authority to meet in private. Civil Code 4935 allows HOA boards to meet in executive session only to discuss the specific topics identified in that statute. When a board uses executive session to address anything outside those limits, it violates the Open Meeting Act.
Despite the plain language of the Davis-Stirling Act, many HOA-side attorneys have interpreted Civil Code 4935 much too broadly, often treating executive session as a catch-all device for sensitive subjects that fall outside the statute’s text. Some of those interpretations blend together distinct concepts, such as attorney-client privilege, confidentiality, litigation exposure, and internal board management, and then use that blend to justify private meetings that the statute simply doesn’t permit. And while many of the arguments used by those HOA-side attorneys are logical and understandable, the courts in California that have ruled on the scope of Civil Code 4935 have strongly implied that the items listed in that statute are exclusive, not open-ended. This in turn means that if challenged, the HOAs who have met in executive session to discuss items not explicitly listed in the law are in fact violating the Open Meeting Act.
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06/05/2026

Can You Dissolve Your California HOA? What the Bad HOA Lawyer Got Wrong
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Homeowners frustrated with their HOA often reach a tipping point where the idea of dissolving the HOA feels like the only real solution. That instinct is understandable. When enforcement feels arbitrary, costs continue to rise, or the HOA board refuses to address serious issues, the question becomes direct and urgent: can the HOA be eliminated entirely? The answer is yes in theory, but that answer becomes misleading the moment you strip away the legal and structural realities that govern California HOAs.

Address

120 Vantis Drive, Suite 500
Aliso Viejo, CA
92656

Opening Hours

Monday	8:30am - 5:30pm
Tuesday	8:30am - 5:30pm
Wednesday	8:30am - 5:30pm
Thursday	8:30am - 5:30pm
Friday	8:30am - 5:30pm

Telephone

+19497673910

Website

http://www.mbkchapman.com/, https://www.youtube.com/@HOAHELLpodcastofficial, https://www.amazon.com/s?k=hoa+hell&crid=1I

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