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D'ELIA v. ASSOCIATION OF APARTMENT OWNERS

No. 7206.

632 P.2d 296 (1981)

Serge M. D'ELIA and Haruyo D'Elia, Plaintiffs-Appellants, v. ASSOCIATION OF APARTMENT OWNERS OF FAIRWAY MANOR, Defendant-Appellee.

Intermediate Court of Appeals of Hawaii.

August 10, 1981.

Attorney(s) appearing for the Case

Naomi Sakamoto, Honolulu (Shannon & Sakamoto, Honolulu, of counsel), for plaintiffs-appellants.

Michael R. Marsh, Honolulu (Case, Kay & Lynch, Honolulu, of counsel), for defendant-appellee.

Before HAYASHI, C.J., and PADGETT and BURNS, JJ.

PER CURIAM.

This is an appeal by the Appellant Apartment Owners from a judgment in favor of the Appellee Association. We affirm.

Appellants contend that it is unfair to charge them maintenance expenses according to the interior and lanai square footage of their apartments. However, the method of apportionment protested is the one the condominium declaration calls for, explicitly and unambiguously. We have no power to amend the declaration.

Appellants...

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