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Michael Kushner

Michael Kushner

Film producer

Oct 26, 2026

1:25
When it comes to common areas,
1:27
so any privately owned streets, green belts, any pathways, sidewalks that are within an HOA, an HOA can say, look, you guys have to follow the law or even set a speed limit.
1:37
You can't go faster than this if you're on an e-bike, 10 miles an hour, 15 miles an hour, whatever it is.
1:41
They can make kids wear helmets.
1:43
They can make adults wear helmets for different reasons, but they can do that.
2:01
They can fine you or they could suspend privileges.
2:03
Yeah.
2:04
So let's say you have a little kid riding recklessly on an e-bike, riding on sidewalks, tearing down a sidewalk like I saw a few days ago.
1:26
Kushner says before you post something, check your facts
1:29
There are laws against actual defamation.
1:32
So slander and libel are two types of defamation.
1:35
By definition, to be defamatory, the thing that you're saying, the defamatory statement that you're making about somebody else has to be untrue, right? Otherwise, truth is a complete defense to defamation.
1:46
So you have to be saying something untrue about them, lying.
1:49
Okay?
2:02
What about that?
2:02
During that period of time, the homeowner has an absolute right, as long as it's related to the governance of the HOA, to say what they want to say.
22:04
Thank you.
22:05
Okay.
22:06
The next issue, and this is a very big one for the reasons that we'll talk about in a minute, is e-bikes, e-scooters, and e-motorcycles.
22:12
Interestingly enough, I was walking with a friend yesterday.
22:14
I have, uh, two Belgian Malinois that, uh, are trained attack dogs and, uh, I often work with a, uh, a, um, uh, a decoy and we pract- that my dogs will bite the person with the suit on and we practice.
22:27
And I was walking with a friend of mine yesterday to, uh, take my dogs out for some of their practice, and three kids, probably about age 10 to 12, were zooming by us, uh, on the sidewalk at, uh, probably 20 miles an hour on these e-bikes.
22:43
And it was funny, as I said, "You know, tomorrow I'll be talking about that." And they were going on and off the curb into the street without even looking both ways.

14 MINS LATER

36:58
Michael, um, wouldn't, would th- this would require, uh, that the CCNRs actually provide a lien and foreclosure process?
0:56
Years ago, he shifted from high stakes corporate litigation to becoming a foremost expert on the relationship between homeowners and HOAs.
1:04
The purpose of an HOA is to give homeowners as a collective group some control over standards.
1:10
For example, nobody wants to see, you know, dilapidated cars parked on, you know, with no wheels parked on the front lawn.
1:17
Or nobody wants to see the purple house that gets put up and then the person adds, you know, a second or third floor and creates this monstrosity.
1:55
So why do some people despise their
1:57
HOA boards? People suck, okay? Human nature being what it is, a lot of the time you get people that gravitate toward those people who want that sort of power.
2:07
They want influence over other people.
2:09
We see this every day where HOA directors control their communities like they're private fiefdoms.
1:44
The program's all yours.
1:46
Thank you, Howard.
1:47
I appreciate you having me here.
1:48
What I'd like to do first is share my screen, because I'm going to kind of walk people through a presentation I hope they'll find interesting.
1:57
I believe they're going to tell you later that we're going to make this entire slideshow available to everybody, as well as a 6,000-word article in the Davis-Sterling Act that is going to be available to everyone, and also a guide, an HOA guide.
2:16
So with that, I'd like to start by just introducing myself.
2:21
You know what? I think Howard did a great job, so I don't need to do that.

45 MINS LATER

47:00
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