Kailua Kona, HI asked in Real Estate Law for Hawaii

Q: Have there been any cases before the courts in Hawai involving pickleball playing on tennis courts in an AOAO

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1 Lawyer Answer
Mark Simonds
Mark Simonds
  • Haiku, HI
  • Licensed in Hawaii

A: Interesting question! While there are no reported appellate decisions directly on point, there are appellate opinions that speak to use and/or alteration of common elements and/or limited common elements in a condominium regime. For example, take a look at AOAO v. Bowers, 125 Hawai'i 242 (ICA 2011)(memorandum opinion). Your condominium

Declaration, Articles of Incorporation, and House Rules will dictate how the common elements of your complex are utilized.

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