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MALABE v. ASS'N APT. OWNERS EXEC. CENTRE

SCWC-17-0000145.

465 P.3d 777 (2020)

Gilbert V. MALABE and Daisy D. Malabe, Respondents/Plaintiffs-Appellants, v. ASSOCIATION OF APARTMENT OWNERS OF EXECUTIVE CENTRE, BY AND THROUGH its BOARD OF DIRECTORS, Petitioner/Defendant-Appellee.

Supreme Court of Hawai`i.

As Corrected June 18, 2020.

Attorney(s) appearing for the Case

David R. Major , Honolulu, and Jai W. Keep-Barnes , for petitioner.

Steven K.S. Chung , Honolulu, Michael L. Iosua , and Timothy E. Ho for respondents.

M. Anne Anderson , Honolulu, Paul A. Ireland Koftinow , and John A. Morris , Honolulu, for amicus curiae.

McKENNA, POLLACK, AND WILSON, JJ., WITH RECKTENWALD, C.J., CONCURRING AND DISSENTING, WITH WHOM NAKAYAMA, J., JOINS.

I. Introduction

This certiorari proceeding arises out of a civil lawsuit brought by condominium owners whose unit was nonjudicially foreclosed by their association of apartment owners. The unit was then sold by their association for substantially less than fair market value, leaving the owners not only...

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