MBK Chapman PC

California’s #1 HOA homeowner-side law firm representing homeowners in disputes with their California HOAs. The Firm also handles corporate and business law.

[MBK Chapman PC @MBKchapman]

When it comes to relying on martial arts training in a real-world situation, when the pressure’s on, you’ll never rise to the occasion; instead, you’ll fall to your training. The same is true in HOA litigation.

Homeowners facing a bad HOA are at an automatic disadvantage because the HOA’s lawyer does nothing but represent associations. You deserve that same level of focused expertise. As the pioneer in homeowner-side HOA law in California with nearly 30 years of experience, I’ve built MBK Chapman to be the black belt in your corner.

Watch MBK Chapman’s new video to see why our experience, discipline, and a deep knowledge of the Davis-Stirling Act are the only ways to flip the script on a bully board.

#HOAlawyer #HOAattorney #DavisStirlingAct #CaliforniaHOA #badHOA #HOAhell #MBKChapman #MichaelKushner

[MBK Chapman PC @MBKchapman]

Can my California HOA stop my kids from playing in the common area?

No, not as a blanket rule. The common area belongs to all owners under Civil Code 4500, so your kids start with the right to use it for ordinary recreation, and your HOA needs a legitimate, reasonable basis under Civil Code 4350 to restrict that. A flat ban on children playing, or a rule that singles out bikes, balls, skateboards, and toys, fails the reasonableness standard and also operates as a restriction aimed at families with children, which pushes it into federal and state fair housing discrimination territory that no HOA is allowed to enter.

#HOAlawyer #HOAattorney #CaliforniaHOA #DavisStirlingAct #CivilCode4500 #CivilCode4350 #CommonArea #HOAKids #HOArules #HOAhell

[MBK Chapman PC @MBKchapman]

Can my California HOA use drones to photograph my backyard or document violations on my property?

It depends on the circumstances. An HOA using a properly FAA-certified drone operator to photograph an unoccupied backyard for the purpose of documenting a visible structural violation occupies a more defensible legal position than one deploying drones over occupied spaces or hiring an unlicensed operator. When no person is present, no private activity is being captured, and the operator holds proper FAA certification, the HOA can argue that the surveillance was reasonable under Civil Code 4350 and consistent with its enforcement authority.

The legal picture changes significantly when the drone captures images of a person engaging in private activity in a manner a reasonable person would find offensive, at which point Civil Code 1708.8 imposes direct civil liability regardless of whether the drone ever touches the ground.

An unlicensed operator adds federal regulatory exposure on top of the privacy claims. And even in the most defensible scenario, an HOA that reaches for drones before exhausting the noticed inspection rights most CC&Rs already provide will struggle to justify the more intrusive approach.

#HOAlawyer #HOAattorney #CaliforniaHOA #DavisStirlingAct #Drones #HOACameras #HOAissues #HOAhell

[MBK Chapman PC @MBKchapman]

Can my HOA charge fees related to ADU construction?

No. But that doesn’t mean that your HOA may not charge a fee (e.g., a construction management fee). As long as your HOA’s governing documents allow for a fee that applies to all construction projects or applications, then your HOA would be able to charge that same fee for your ADU application.

It's just that your HOA can't impose ADU-related fees (i.e., fees aimed only at ADU plans or applications). Any attempt to charge extra for processing, inspections, or “impact” violates Civil Code 4751.

#HOAlawyer #HOAattorney #CaliforniaHOA #DavisStirlingAct #ADU #JADU #HOAissues #HOAhell

[MBK Chapman PC @MBKchapman]

One wrong move can completely tank your legal case against a bad HOA board. Homeowners often try to fight an emotional war, but the association's lawyers are trained to weaponize your frustration and flip the narrative right back onto you.

Watch this short video to see if you are making any of the top five biggest mistakes that wipe out a homeowner's leverage in a California HOA dispute.

#HOAlawyer #HOAattorney #CaliforniaHOA #DavisStirlingAct #HOAdispute #HOAissues #HOAhell

[MBK Chapman PC @MBKchapman]

What's the difference between a JADU and a regular ADU?

Size and location are the big ones. A JADU can be no larger than 500 square feet and has to be built within the existing walls of your single-family home, such as an attached garage that already sits inside the home’s footprint. A JADU also requires a separate entrance and an efficiency kitchen. Also, under the new law, if the JADU has its own bathroom, there is no longer a requirement that the owner live at the property.

A full-size ADU is larger and often a freestanding structure (which is what most people think of when they picture an ADU or granny flat). That distinction matters for HOA disputes because a JADU adds no new exterior structure and no building footprint, which strips away most of what an HOA would normally object to, like setbacks, height, lot coverage, and density.

#HOAlawyer #HOAattorney #CaliforniaHOA #DavisStirlingAct #ADU #JADU #HOAissues #HOAhell

[MBK Chapman PC @MBKchapman]

When you are locked in a dispute with your HOA, making a single wrong move can completely derail your case. Homeowners frequently walk into these conflicts out of pure frustration, but turning your dispute into an emotional war instead of a strategic one plays right into the board's hands.

The HOA's attorneys will weaponize every hostile email you send and flip the narrative on you.
In this short Q&A, I break down the top five biggest mistakes California homeowners make when fighting their HOA. If you are currently in a dispute over rules, fines, or assessments, you cannot afford to make these unforced errors.

Watch the video to see if you are accidentally tanking your own legal case.

#HOAlawyer #HOAattorney #CaliforniaHOA #DavisStirlingAct #HOAdispute #HOAissues #HOAhell

[MBK Chapman PC @MBKchapman]

Here's the link to my Fact Sheet, "California HOA Balcony Inspection Law: What SB 326 Requires": https://t.co/bGuRDuXSdx

[MBK Chapman PC @MBKchapman]

When was my HOA required to complete its first balcony inspection under California's Balcony Law (SB 326)?

Under Civil Code 5551, that deadline was January 1, 2025. The January 1, 2026 date that circulated widely, including from the bad HOA attorney that I’ve written about, comes from confusion between an HOA and an apartment building. SB 721 was to apartment buildings what SB 326 was to HOAs. AB 2579 extended the deadline by one year for apartment buildings, but expressly excluded HOAs from the extension. [For buildings constructed after January 1, 2020, the first inspection is due within six years of the certificate of occupancy instead of by the universal 2025 date.]

#HOAlawyer #HOAattorney #CaliforniaHOA #DavisStirlingAct #CivilCode5551 #BalconyLaw #SB326 #HOAbalconies #HOAhell

[MBK Chapman PC @MBKchapman]

When it comes to California HOA elections, "size doesn't matter." Whether your HOA has 6 members or 600, the Davis-Stirling Act imposes strict procedural mandates that every board must follow to ensure a valid election, including appointing an inspector of elections.

Watch this short HOA Q&A to learn about the requirements surrounding inspectors of election.

#HOAlawyer #HOAattorney #CaliforniaHOA #DavisStirlingAct #CivilCode5110 #HOAelections #InspectorofElection #HOAhell #MBKChapman

[MBK Chapman PC @MBKchapman]

Here's the link to my comprehensive Fact Sheet on this subject: https://t.co/kwocrjIElI

[MBK Chapman PC @MBKchapman]

Can my California HOA still fine me if I fixed the violation before the hearing?

No. Civil Code 5855(c)(1) states that the board shall not impose discipline if the member cures the violation before the meeting takes place. That is not a guideline the board can weigh against other factors. It is an absolute statutory bar. If the violation is gone before the hearing, the board’s authority to discipline at that hearing is extinguished entirely. And under Civil Code 5855(g), any fine the board imposes anyway is not effective against the member, meaning it is legally unenforceable, not merely subject to appeal. The homeowner does not have to pay it. The key is documentation. Dated photographs, contractor completion records, or written confirmation sent to the board before the meeting gives the homeowner the evidence needed to prove the cure if the board disputes it.

Check out the comments for the link to my Fact Sheet, "Can My California HOA Fine Me for a Violation I Fixed Before the Hearing?"

#AB130 #HOAFines #HOAlawyer #HOAattorney #DavisStirlingAct #CaliforniaHOA #badHOA #HOAhell

[MBK Chapman PC @MBKchapman]

Here's the link to the Fact Sheet I wrote on noise-related nuisances in California HOAs: https://t.co/AFGPUQVaoT

[MBK Chapman PC @MBKchapman]

Can footsteps from an upstairs condominium unit qualify as a legal nuisance in California?

Sometimes. Ordinary footsteps and normal day-to-day living sounds do not qualify as actionable nuisances, particularly in condominiums and townhomes where homeowners necessarily share walls, ceilings, and floors. But repeated late-night impact noise, excessive stomping, dragged furniture, dropped objects, indoor exercise activity, or noncompliant hard-surface flooring that substantially interferes with a neighboring homeowner’s ability to sleep or peacefully occupy the unit can cross the line into an actionable nuisance under Civil Code 3479 and the HOA’s governing documents.

#HOAnuisance #LoudNeighbor #Hardfloors #HOAlawyer #HOAattorney #DavisStirlingAct #CaliforniaHOA #badHOA #HOAhell

[MBK Chapman PC @MBKchapman]

If you'd like to read my Fact Sheet on noise nuisances within California HOAs, click on this link: https://t.co/AFGPUQVaoT

[MBK Chapman PC @MBKchapman]

Can repeated barking dogs qualify as a legal nuisance in a California HOA?

Yes. Occasional barking generally will not qualify as an actionable nuisance because some amount of pet noise is part of ordinary residential living. But repeated barking episodes, especially late at night, early in the morning, or continuing for extended periods of time, almost always constitute an actionable nuisance. These disputes often become much stronger when the homeowner documents the barking pattern through incident logs, recordings, written complaints, and corroborating witnesses rather than simply making generalized complaints that the dog is annoying.

#HOAnuisance #BarkingDog #HOAlawyer #HOAattorney #DavisStirlingAct #CaliforniaHOA #badHOA #HOAhell

[MBK Chapman PC @MBKchapman]

Here's the link to the Fact Sheet telling you everything you need to know about the Davis-Stirling Act: https://t.co/XSW3zShw06

[MBK Chapman PC @MBKchapman]

If your HOA board denied your architectural application with a vague "it doesn't fit the aesthetic of the neighborhood," they are violating the Davis-Stirling Act.

Under Civil Code 4765, architectural decisions must be reasonable, made in good faith, and tied to published standards or applicable law. Boards do not have the authority to issue arbitrary denials based on the personal tastes of the directors. If your governing documents don't have a specific rule or statutory citation to back up their decision, the denial is invalid.

I have broken down the strict limits on architectural control in my new 6,000-word guide. Don't let your board act as the ultimate judge of your home's appearance without following the law.

Check the first comment for the link to the Fact Sheet that I wrote.

#HOAlawyer #HOAattorney #DavisStirlingAct #CaliforniaHOA #badHOA #HOAhell #CivilCode4765 #ArchitecturalControl

[MBK Chapman PC @MBKchapman]

If you'd like to learn everything you need to know about the Davis-Stirling Act, read my definitive and comprehensive Fact Sheet, "The Davis-Stirling Act Explained: California HOA Rules, Board Powers, and Homeowner Rights" by clicking on this link: https://t.co/XSW3zShw06

[MBK Chapman PC @MBKchapman]

If you live in one of California’s 60,000 HOAs, you have powerful rights that bad HOA boards would prefer you didn't know about. The Davis-Stirling Act is not just a list of powers for the board; it is a shield for the homeowners.

I just released a comprehensive homeowner’s guide to navigating these laws, and this graphic is the executive summary. It highlights the mandatory hearing requirements before you can be fined, the limits on executive sessions, and the state-protected improvements your board cannot block.

Don't let your board treat your community like a private fiefdom. Use this guide to understand the law and protect your home.

See the comments for the link to the full 6,000-word guide.

#HOAlawyer #HOAattorney #DavisStirlingAct #CaliforniaHOA #badHOA #HOAhell #HomeownerRights #MBKChapman