Penney v. Association of Apartment Owners of Hale Kaanapali

776 P.2d 393 (1989)

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Penney v. Association of Apartment Owners of Hale Kaanapali

Supreme Court of Hawaii
776 P.2d 393 (1989)

Facts

Robert C. Penney and P. Jean Penney (plaintiffs) owned an apartment in a condominium complex. Hale Kaanapali Hotel Associates (Hale) (defendant) was also an owner of a space in the same complex. A portion of the space in which they owned adjoined a common restroom, which was used by all of those patronizing businesses within the complex. Hale proposed an amendment to the complex declaration, seeking permission to obtain exclusive access to what is now the common bathroom. The amendment was approved by 76.83 percent of the interests held by all apartment owners in the complex. Penney then brought suit, arguing that because this new scheme would convert a common element of the property to a limited common element, a Hawaii statute required the unanimous consent of the apartment owners.

Rule of Law

Issue

Holding and Reasoning (Wakatsuki, J.)

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