OVERVIEW
In recent years, HOAs have made headlines for sinister reasons—including, unfortunately, board members abusing their positions to stalk, harass, and intimidate members and residents. Although rare, these incidents shatter trust, erode community cohesion, and pose serious legal exposure for both individuals and the association as a whole.
This article examines one such case, based on a real video and legal dispute featured in the HOA HELL podcast hosted by the author, Michael Kushner. The episode is titled “Spotlight: Assault by a Director from Hell,” and can be viewed on YouTube @HOAHELLPodcastOfficial or heard on Apple Podcasts, Spotify, and other major platforms.
What makes this case extraordinary is that the misconduct was caught on camera—showing a director confronting, stalking, and escalating to the point of legal assault. The victim wasn’t even the original client; it was his neighbor, a videographer with a calm demeanor and a camera running at just the right time.
THE BACKGROUND: A PATTERN OF OBSESSION
This case involves a planned community in Irvine, California—typical in structure, with CC&Rs, a board of directors, and regular security patrols. One of the board members, whose name and face are not disclosed in the video, developed a fixation on residents who were either renters or of Middle Eastern descent. Among those targeted were two close friends—one of whom retained the author’s law firm to address harassment to his own family, and the other who later captured the board member’s conduct on video.
The board member had a pattern: make vague accusations, corner people in public spaces, and weaponize HOA authority to intimidate anyone he deemed problematic. His confrontations were not random. They were methodical. Repeated. And disturbing.
THE VIDEO: CONFRONTATION CAUGHT IN REAL TIME
The footage, taken during the height of the COVID pandemic, opens after the director, who was in his car, had been following the member, who was walking around his own neighborhood. The member has just taken out his phone and began filming when the footage begins. The video shows the director parking and then, without any provocation, confronting the member on foot.
What follows is a barrage of disjointed accusations. The director accuses the resident of filming into private homes, filming children, claims he parked in a fire lane, and even accuses him of orchestrating a conspiracy involving COVID and chemtrails. It would be laughable if it weren’t so disturbing. At multiple points, the board member closes distance aggressively, invading the victim’s personal space without cause—behavior that clearly meets the legal definition of assault under California law.
The resident, masked and calm, repeatedly tries to de-escalate. But the director had no desire to do so, and instead chose to push his assault and his disjointed “narrative.”
WHEN HARASSMENT BECOMES ASSAULT
Under California Penal Code section 240, assault doesn’t require physical contact. It only requires an unlawful attempt to commit a violent injury, coupled with the apparent ability to do so. In this case, the HOA director’s conduct checked every box.
- He stalked the resident on foot, following him over 100 yards despite multiple verbal requests to disengage.
- He stepped into the resident’s personal space—at the height of the COVID pandemic—prompting a confrontation about masking that the video makes clear was baseless.
- His tone, posture, and repeated intrusion weren’t just harassment—they were threatening.
This wasn’t overzealous enforcement. It was intimidation through physical dominance. It was completely inappropriate, and it was also quite illegal.
THE PEPPER SPRAY INCIDENT
The video wasn’t the end. After Kushner’s client moved out of the HOA, this same director targeted another couple using similar tactics. According to the podcast guest, the female resident felt so unsafe that she pepper-sprayed him in self-defense. Police were called. The director—ironically—attempted to press charges. Needless to say, no conviction ever ensued.
The most disturbing twist came next. After losing re-election, this director was hired back by his cronies on the board for $150 per hour to perform the same duties he previously did for free while he was a director. In short, a man whose conduct led to physical confrontation and loss of public trust was placed on the HOA payroll. Clearly, that particular board hadn’t learned its lesson yet.
DEFINING HOA DIRECTOR MISCONDUCT
HOA board members hold legal authority over the lives and property rights of their neighbors. That power comes with strict legal and ethical boundaries—and when it’s abused, it becomes misconduct. The behavior shown in the video and described throughout the podcast episode clearly meets several definitions of director misconduct under California law:
- Stalking and cyberstalking. Defined as unwanted repeated contact, surveillance, or communication that causes fear, intrusion, or distress. Such repeated, unwanted following (and filming) of a resident in common areas constitutes stalking under Penal Code section 646.9.
- Harassment and threats. Conduct that seriously alarms, annoys, or harasses a resident without legitimate purpose—especially when it’s repeated—is unlawful. Court-imposed remedies, including Civil Harassment Restraining Orders, exist to protect residents when conduct “would cause a reasonable person to suffer substantial emotional distress.”
- Discriminatory enforcement. Targeting residents based on race, ethnicity, or renter status may constitute housing discrimination and expose both the HOA and an individual director to liability under both state and federal law.
- Assault. Even without physical contact, threatening or invading someone’s personal space in a menacing way—especially when captured on video—meets the standard for civil assault under California law.
- Retaliatory conduct. Using a board position to retaliate against perceived adversaries is a breach of fiduciary duty.
In this case, the misconduct was layered and repeated— racial targeting, false accusations, physical intimidation, and follow-up retaliation. It’s misconduct in every legal sense of the word.
LEGAL DUTIES OF HOA BOARDS
Board members are not private citizens acting in their own right—they’re fiduciaries acting on behalf of the entire community. When a board member violates those duties and commits intentional torts, he or she will not be immune from personal liability. The Davis-Stirling Act imposes affirmative legal duties on HOA boards, including:
- Investigate and address homeowner complaints. Boards must act promptly and reasonably in response to allegations of harassment, especially when safety or discrimination is involved.
- Prevent foreseeable harm. If a director is known to behave aggressively or has a pattern of inappropriate behavior, the board has a duty to intervene—even if that means removal.
- Avoid self-dealing and conflicts of interest. Re-hiring a director at a substantial hourly rate raises serious questions of loyalty and fiscal stewardship.
- Maintain insurance and risk management compliance. D&O insurance does not typically cover intentional acts. When boards ignore that, they put association finances—and all homeowners—at risk.
Boards are not allowed to look the other way. Failure to act may constitute breach of fiduciary duty or negligent retention, both of which carry real legal consequences.
INDIVIDUAL v. ASSOCIATION ACCOUNTABILITY
One of the most common misconceptions is that legal responsibility always falls on the HOA itself. But the law draws a clear line: when a board member acts outside the scope of their duties—or with malice or intent—they may be personally liable.
In cases like the one captured in the video, here’s how accountability breaks down:
- Personal liability of the director. Because the conduct was intentional and threatening, the director in question could face personal civil liability for assault, harassment, and even intentional infliction of emotional distress.
- Association liability. If the board knew—or should have known—about the director’s behavior and failed to act, the HOA itself may be liable for breach of fiduciary duty or negligent supervision. In this particular case, because Kushner himself had written demand letters on behalf of two different members of that HOA regarding this particular director, the HOA absolutely knew about this director’s behavior.
- Insurance exclusions. D&O insurance may not apply where the wrongful conduct was intentional or where the director was no longer officially serving on the board but still acting under its authority.
In short, both the individual and the board can be held to account—legally and financially.
WHAT HOA MEMBERS SHOULD DO WHEN THIS TYPE OF CONDUCT OCCURS
If you’re a homeowner dealing with a similar situation, don’t wait. Start by:
- Documenting every incident. Use video, emails, and written statements. Details matter.
- Filing a formal complaint with the board. Many CC&Rs require written notice before action can be taken.
- Demanding an executive session hearing. The board must meet in private to discuss discipline and legal risk.
- Seeking a Civil Harassment Restraining Order. If the conduct escalates or continues, courts can intervene.
- Reporting criminal behavior. Call local law enforcement if you feel physically threatened or harassed.
- Consulting HOA legal counsel. A demand letter or cease-and-desist can often stop things before litigation.
WHY THIS PARTICULAR PODCAST EPISODE MATTERS
This wasn’t an isolated conflict. It was a case study in how power, paranoia, and prejudice can infect HOA governance—and how quickly that misconduct can escalate into criminal territory. And the fact that it was caught on video was just a matter of happenstance. But it highlights how boards often protect their own, even at the expense of homeowners’ safety. When bad directors are rewarded instead of removed, the legal exposure multiplies.
CONCLUDING THOUGHT
Homeowners deserve communities where they feel safe, heard, and free from intimidation. This case—caught on camera and featured on the HOA HELL podcast—shows what happens when that promise is broken.
To watch the full footage and hear the complete legal breakdown, visit the episode “Spotlight: Assault by a Director from Hell” on YouTube @HOAHELLPodcastOfficial or listen on your favorite podcast platform.