Condominium ownership in Hawaii is governed by Hawaii Revised Statutes Chapter 514A, as well as the condominium by-laws that pertain to a particular condominium. Disputes involving condominiums typically arise between unit owners and the Association of Apartment Owners (“AOAO”) when one party attempts to enforce a right against the other, which right is often set forth generally in the condominium by-laws. The difficulty is that the particular by-law as written is usually so general that the dispute between the unit owner and AOAO typically falls within an undefined gray area.
Additionally, due to the aging nature of many of the condominiums in Hawaii, bursting water pipes and other failed common elements are an increasingly familiar occurrence. The result is always significant property damage to a condominium unit for which no party assumes responsibility. Often the condominium owner, if he is uninsured, must shoulder the entire burden of repair, as well as dealing with future problems with mold if the damage is due to water intrusion.
If you have suffered damages to your condominium due to a failed common element, or you are involved in a dispute with your AOAO, please contact us for a free consultation so that we can discuss your rights and options and determine the best way to protect your interests as a condominium owner.