STATE SAV. & LOAN ASS'N v. KAUAIAN DEVELOPMENT CO.

No. 4590.

445 P.2d 109 (1968)

STATE SAVINGS & LOAN ASSOCIATION, a corporation, Plaintiff-Appellee, v. KAUAIAN DEVELOPMENT COMPANY, Inc., Kauaian Land Company, Inc., et al., Defendants-Appellants.

Supreme Court of Hawaii.

September 27, 1968.


Attorney(s) appearing for the Case

Helen B. Ryan, Honolulu (Ryan & Ryan, Honolulu, of counsel) and Milton W.B. Choy, Honolulu (Kim & Choy, Honolulu, of counsel), for certain defendants-appellants.

James S. Campbell and Douglas E. Prior, Honolulu (Smith, Wild, Beebe & Cades, Honolulu, of counsel), for plaintiff-appellee.

Ton Seek Pai, Honolulu (Okumura & Takushi, Honolulu, of counsel), for Better-Built Hawaii, Limited and Johnson & Rognstad.

Norito Kawakami, and Edward Stanwood, Lihue, for defendant-appellee Kauai Commercial Company, Ltd.

Tatsuo Asari, Lihue, for lien-claimant E.F. Nilson, defendant-appellee.

Before ABE and LEVINSON, JJ., KING, Circuit Judge, in place of RICHARDSON, C.J., disqualified, DOI, Circuit Judge, in place of MARUMOTO, J., disqualified, and Fukushima, Circuit Judge, assigned by reason of vacancy.


LEVINSON, Justice.

This is the first case to reach this court involving a condominium. The statute under which we decide this case is the Horizontal Property Regimes Act, S.L.H. 1961, Act 180, as amended by S.L.H. 1962, Act 9 (hereinafter "H.P.R.A." shall mean Act 180 as amended by Act 9).1 The plaintiff, State Savings & Loan Association, brought this action to foreclose a mortgage given to it by Kauaian Development Co., Inc. (hereinafter...

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