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ASS'N OF APARTMENT OWNERS v. SUNSTONE WAIKOLOA, LLC

No. SCWC-11-0000998.

307 P.3d 132 (2013)

130 Haw. 152

ASSOCIATION OF APARTMENT OWNERS OF the WAIKOLOA BEACH VILLAS, by its BOARD OF DIRECTORS, Petitioner/Applicant-Appellee, v. SUNSTONE WAIKOLOA, LLC, Respondent/Respondent-Appellant.

Supreme Court of Hawai`i.

June 28, 2013.

Attorney(s) appearing for the Case

Terrance M. Revere, Malia Nickison-Beazley, and Christopher A. Santos, for petitioner.

Michael L. Freed, Brad S. Petrus, and David R. Harada-Stone, for respondent.

RECKTENWALD, C.J., NAKAYAMA, ACOBA, McKENNA, and POLLACK, JJ.

Opinion of the Court by ACOBA, J.

We hold that Section R.4(c) of the Declaration of Condominium Property Regime for the Waikoloa Beach Villas (Declaration) violates Hawai`i Revised Statutes (HRS) § 514B-105(a)1 because it imposes limitations on Petitioner/Applicant-Appellee Association of Apartment Owners of the Waikoloa Beach Villas, (Petitioner or the Association) in arbitration or litigation with Respondent/Defendant-Appellant...

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