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ASS'N OF OWNERS OF MAALAEA KAI v. STILLSON

No. 23932.

116 P.3d 644 (2005)

ASSOCIATION OF APARTMENT OWNERS OF MAALAEA KAI, INC., Plaintiff/Counterclaim Defendant-Appellant v. THOMAS HAYDEN STILLSON; Phyllis Ann Payne-Stillson, fka Phyllis Ann Payne, Defendants/Counterclaimants-Appellees and Pioneer Federal Savings Bank; John Does 1-50; Jane Does 1-50; Doe Partnerships 1-50; Doe Corporations 1-50; Doe Entities 1-50 and Doe Governmental Units 1-50, Defendants (Nos. 23932 & 24257).

Supreme Court of Hawai'i.

July 22, 2005.

Attorney(s) appearing for the Case

Kevin P.H. Sumida and Lance S. Au (Matsui Chung Sumida & Tsuchiyama), Honolulu, on the briefs, for plaintiff/counterclaim defendant-appellant.

Dennis Niles, William M. McKeon and Tom Pierce (Paul, Johnson, Park & Niles), Wailuku, on the briefs, for defendants/counterclaimants-appellees.

LEVINSON, ACOBA, and DUFFY, JJ.; and NAKAYAMA, J., dissenting, with whom MOON, C.J., joins.

Opinion of the Court by ACOBA, J.

We hold (1) Hawai'i Revised Statutes (HRS) § 514C-6(a) requires lessees of condominium units to which 75% of the common interests are appurtenant to approve of a leased fee purchase, (2) because HRS § 514C-6(a) is silent on the method of calculating the votes of multi-owner units, the bylaws of an association of apartment owners may govern on how the votes are to be calculated so long as not violative of any law, (3) if...

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