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SAKAL v. ASS'N APT. OWNERS OF HAW. MONARCH

SCWC-15-0000529.

466 P.3d 399 (2020)

Christian SAKAL, Petitioner/Plaintiff-Appellant, v. ASSOCIATION OF APARTMENT OWNERS OF HAWAIIAN MONARCH; Jonah Scott Kogen; and K&F 1984 LLC, Respondents/Defendants-Appellees.

Supreme Court of Hawai`i.

June 18, 2020.

Attorney(s) appearing for the Case

Gary Victor Dubin , Frederick J. Arensmeyer , Honolulu, for petitioner.

Robert E. Chapman , Carlos D. Perez-Mesa, Jr. , Mary Martin , Honolulu, for respondent Association of Apartment Owners of Hawaiian Monarch.

Jeffrey P. Miller , Honolulu, for respondent Jonah Scott Kogen.

John A. Morris , M. Anne Anderson , Kapono F.H. Kiakona , Honolulu, for amicus curiae Community Associations Institute.

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

This case arises from the nonjudicial foreclosure of the petitioner's apartment by the apartment owners' association based on unpaid assessments. After the sale was conducted, petitioner filed a complaint against the association and the purchaser of the property for wrongful foreclosure, seeking relief that included...

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