Board of Directors (BOD) appointments in a condominium are generally guided by the association's bylaws and applicable state laws. If the bylaws permit the BOD to appoint someone until the next annual meeting, this could be permissible. However, this would need to be cross-referenced with...View More
Existing 7 lot subdivision with 4 lots built on. The original developer kept on large lot planning to subdivide in phase II. Newly created lots would be similar size about 5 acres. HOA recently added a new CCR stating no lot could be subdivided.
In Hawaii, homeowners associations (HOAs) generally have the authority to establish and enforce certain rules and restrictions through their covenants, conditions, and restrictions (CCRs). However, whether an HOA can pass new CCRs to prevent the subdivision of land that was previously allowed by...View More
I asked where my payments went, if you are claiming I have not paid. No answer. SPS had blocked me from making my December, January and February payments because I was told I am in legal process of foreclosure. I asked why as I have been making payments. I was told I had not made any payments... View More
used husbands funds earned prior to marriage, & condo broke even & wife never given interest in condo ;& due to wife’s massive medical debt put Hi. condo tenants by Entirety , but in Hi title not determined by title; husband’s separate property? Yes???wife filed legal separation in... View More
A Hawaii attorney could advise best, but your question remains open for three weeks. Some questions remain unanswered on this forum, but you wanted to try reposting, you could add Divorce and Real Estate as categories. This doesn't look like an insurance bad faith matter - and it may have...View More
investigation found zero fireworks or any known combustible items near reported start of fire location.fire investigator’s/landlords insurance determined cause unknown. First week moving in home, off and on we would smell burning wood but didn’t see smoke, (ironically the location witnesses... View More
A Hawaii attorney could advise best, but your question remains open for two weeks. Your question straddles several categories and I can only speak for the Personal Injury aspect of your question, not the L-T issues. When you mention "unscathed," it sounds like you might be referring to...View More
My wife owned a piece of property and she passed away. A cousin has come forward and is claiming the property was sold to them in the early 2000’s the deed has a notary stamp, But isn’t recorded anywhere legally. I’m worried if I don’t agree to the demands presented to me I will be sued... View More
Hire a competent HI attorney now to search your Title. You will probably have to sue the cousin to Quiet Title, as he may have blown an SOL. Payment of Taxes may be very significant here. Unrecorded Deeds are effective only amongst the named Parties. He will probably record it now and may...View More
My fiancée has been in the home for no less than 23 years after his parents divorced and went their separate ways leaving the home to him. He has been the sole person taking care of the home from, repairs, remodeling etc. excluding land taxes. There is no mortgage as the home has been paid off.... View More
My question is , can either one of them justmove back in and essentially push us out especially since my fiancé has been the sole person upkeeping the home from repairs to utilities excluding land taxes that his father refused to let him pay. Secondly, does the father have “more say” or... View More
Hi, I am sorry you’re experiencing this difficulty. Usually ownership to a piece of real property in Hawaii would be vested in the person or persons listed on the deed to property. One way a person could attain ownership is by adverse possession but more facts would be needed to determine...View More
If it is just Bureau of Conveyances then I can prepare and file this for about an hour’s worth of time plus filing fee. If it is Land Court then it is much more complicated. You can email me at: firstname.lastname@example.org for more info on my hourly rate.
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...View More
In order to answer this accurately, it would be best to review the by-laws, along with the agenda for the meeting to determine what, if anything, was being voted on and to determine when a proxy may be properly used.
Aloha, if your rescission was submitted in a timely manner, that effectively ends your contractual obligation with the seller. Assuming this is so, I am uncertain why they would require you to go over disclosures. Feel free to reach out to me should you need further assistance.
The case recently got dismissed due to statute of limitations, is this a good thing? Is it okay for her to not pay anything while the case was ongoing? Is she off the hook now since the case got dismissed?
To determine your aunt's situation she needs to at least consult with an experienced HI mortgage foreclosure defense attorney to evaluate the situation. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely suggestions for...View More
She left him a year after they purchased the house. She moved off island. She has never paid the mortgage or anything. He and I have been together for 8 years now, living in the house. He and I have a child together and are married. If anything were to happen to him or me, we want to make sure our... View More
A Hawaii attorney could best advise, but your post remains open for four weeks. You may want to repost this and add the categories Probate and Estate Planning. There's no guarantee that every question is picked up, but you could have better chances of a response with those additional...View More
My name is Carol im from the Philippines I am a US citizen as my dad had petitioned me to come to Hawaii before he had died. During his last days he said that he was in the US army and he had bought and paid for a home for my mom and me on the island of Hawaii. He told me to come and claim the home... View More
Check for a Probate Action in both the County where he died and where the property lies. If no Probated Will then the Heirs At Law own the property, which should include you. You probably need an attorney to establish your title, and a Partition Sale may be necessary.
I also had requested a mold test which was denied and asked for mold remediation of the shower which took months. I’ve suffered now from sinus issues, allergies, esophagitis and had to pay to an ent out of pocket and am worried about all of the toxic spores we’ve now been exposed to. How do I... View More
In terms of the personal injury aspect of your question, you'll have to see if you could arrange a free initial consult with a Hawaii personal injury attorney who could review your records and what information is available on the mold. The problem with these types of cases is that establishing...View More
Sibling was executor of our mothers' estate and moved his family in immediately after she died. I never received a deed. I lived out of state with my husband at the time. There is no tenants agreement. Sibling unable to buy me out at that time. I did not ask for compensation for him and his... View More
If you did not sign the note for the current debt, then you are not personally liable on it. If you did not sign the mortgage that secures the current debt, then your share of the property is not liable for the current debt either.
If your sibling insists that you pay for half of the...View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.