Ass’n of Apartment Owners of Discovery Bay v. Mitchell

Ralph Mitchell, a condominium owner in the Association of Apartment Owners of Discovery Bay (“AOAO”), submitted a petition to the AOAO to conduct a special meeting of the AOAO to remove one or more of the AOAO Board members. The AOAO filed a complaint for declaratory and injunctive relief alleging that the petition did not contain at least twenty-five percent of the owners’ signatures, and therefore, there was no basis for conducting a special meeting. The circuit court granted summary judgment for the AOAO. The AOAO subsequently sought fees and costs under Haw. Rev. Stat. 514B-157(a) and (b). The circuit court granted the motion. Mitchell appealed, arguing that the AOAO’s refusal to mediate the dispute precluded it from an entitlement of any fees and costs under Haw. Rev. Stat. 514B-161(a). The intermediate court of appeals (ICA) affirmed. The Supreme Court vacated the ICA’s judgment and remanded for a determination of whether section 514B-161(a) applies in this case and, if so, directed the circuit court to take into consideration such refusal in determining whether to award attorneys’ fees and costs. View "Ass’n of Apartment Owners of Discovery Bay v. Mitchell" on Justia Law