Protect Hawaii and Maui from Predatory Real Estate Practices
The Issue
I hlave personally experienced the distressing consequences of a dark network of extortion from condo owners on Oahu. My building and its predatory at
torneys unjustly sued me without evidence, fabricated false facts, disregarded my evidence, accumulated exorbitant attorney fees, and illegally "won" their case with
help of corrupt arbitrator and Judges who turn the blind eye. Now they are legally entitled and attempting to unlawfully foreclose on my condo. It is crucial that the Court intervenes to halt their predatory behavior and review my evidence. http://change.org/condoownerhawaii
This personal ordeal has compelled me to take action against similar injustices that may arise in Maui. It has come to my attention that there is a risk of rebuilding Maui without adhering to necessary regulations. This could potentially lead to the construction of high-rises and other developments that do not comply with real estate practices, property management guidelines, or condo laws. https://reason.com/2023/08/23/to-tackle-highest-housing-costs-in-the-country-hawaiis-governor-declares-yimby-martial-law/
Also, the environmental court ruling that big agg has to use 9 million gallons of water per day less has been overruled by governors fire deregulation orfer, as fire happened within one day of water permits expiring
Please check Maui News local news from June 20,2023. Change.org is not letting me paste the link
It is essential for all concerned people to ensure that Hawaii's real estate and land and water use practices are followed diligently across all islands. By signing this petition, we call upon relevant authorities and decision-makers in Hawaii to prioritize the following actions:
1. Strengthen Oversight: Implement stricter oversight mechanisms for real estate practices in order to prevent fraudulent activities such as extortionate lawsuits or false claims. Hawaii attorneys, Judges, arbitrators, and all regulatory agencies such as RICO, Bar Disciplinary, Judicial Misconduct and Attorney General need to make sure the law is enforced in Hawaii.
http://change.org/condoownerhawaii
2. Enforce Regulations: Ensure rigorous enforcement of existing laws and regulations throughout Hawaii. Maui CAN be rebuilt fast and in accordance with existing building rules. No high-rises and condominiums and such,
3. Transparent Legal Proceedings: Advocate for fair legal proceedings where all parties involved have equal opportunities for presenting evidence before any judgments are made. Stop legally threatening whistleblowers to stop speaking up.
4. Public Awareness Campaigns: Launch educational campaigns aimed at informing residents about their rights as homeowners or tenants while also promoting awareness about real estate practices. Legislators cannot vote on issues for which they accept donations or to support organizations for which they work
5. Collaborative Decision-Making Process: Encourage community involvement by including residents, local organizations, and experts in the decision-making process regarding rebuilding efforts and future developments.
By signing this petition, we stand united in our demand for justice, accountability, and adherence to regulations within Hawaii's real estate, property management, construction and legal industry. Let us ensure that the mistakes of the past are not repeated on Maui. Together, we can protect our communities from predatory behavior and safeguard the integrity of our beloved islands.
Please sign this petition to support a fair and regulated real estate environment in Hawaii. Let us work towards a brighter future where all residents can live without fear of exploitation or disregard for established laws.
Thank you for your support!
1. Who is impacted? Any home owner or any resident, renter and visitor to Hawaii.
The overbearing influence in Hawaii are property management companies of condominuum buildings and their lawyers.
As Hawaii has about 1200 condominium buildings, mostly on Oahu, each paying about $1000/month, large property management companies have huge monthly budgets and have gotten into legal, judiciary and government systems and are running wild on Oahu. The latest Maui fires and the law that allows high-rise buildings on Maui will spread the influence of these extortionists.
2. What is at stake? Future of all people and land in Hawaii
The link below shows how Maui fires will be abused – Hawaii Governor allows high rises will spread, increasing hunting territory and influence of Associa Hi, PMK and others who extort from condo owners. That is probably why his deregulation is "highly praised" by the locals.
People who will benefit the most from selling and/or building high-rises and condominium buildings on Maui are predatory property management companies and attorneys working for them, and also construction companies working for them, who all run rampantly unchecked on Oahu. Players like Associa HI or PMK are known for shady operations with money and property and do all kinds of extortions and shady dealings. Predators seem to be out of hand on Oahu as judicial system and government do not actively regulate them and even enable and support them. For example, I complained about shady in our building such as roof and special assessments embezzlements and waste, they sued me without evidence for bogus stuff, racked huge attorney bills, won in a lawsuit based on their testimony without evidence and false made up facts without evidence and cutting my evidence, and are now foreclosing on my condo
Http://change.org/condoownerhawaii has links to alternative news articles about the wrongdoings of this group to many condo owners, including myself,
Now they seem to be increasing their hunting territory to Maui via the fires
Senator Rosalyn Baker retired from Honolulu to Maui. After Maui fire started, laws were enacted by the Governor Josh Green that all building regulations are removed and old homes can be replaced by high-rise buildings...
Baker collaborated with Associa Hi Richard Emery and Porter and McGuire their attorneys from Porter McGuire Kaikara (PMK) law firm, who specialize in extorting - extorting from condo owners, and extorting condos.
Hawaii court is proven to have collaborated in this systemic extortion.
Some fire of justice and corruption cleanup needs to sweep through majorly corrupt Hawaii government and business.
3. Why is now the time to act? It is URGENT
The immediate step to take is to prevent sales of burned properties on Maui, and also to prevent rebuilding without regard for building codes, as Governor Josh Green wants to do. Rebuilding unchecked like that will allow high-rises and condominium buildings and that will mean the spreading of the O’ahu predatory entities.
The immediate step to take is to stop foreclosure of my Oahu condo and make the Court properly address my appeals case CCAP-23-0000084: that the Court read my evidence, which so far they did not demonstrate they did, as they seem to just side with whatever PMK law firm says, even if it is proven to be fraud.
The immediate step to take is to stop foreclosure of my Oahu condo and make the Court properly address my appeals case CCAP-23-0000084: that the Court read my evidence, which so far they did not demonstrate they did, as they seem to just side with whatever PMK law firm says, even if it is proven to be fraud.
I just went through lawsuit, PMK sued me without evidence and corrupt arbitrator cut out all my evidence and Courts allowed them. Http://change.org/condoownerhawaii It is important that I win so that this cannot be done to other condo owners. Right now, PMK is trying to foreclose on my condo. If they manage to do that, it will set the precedent and all other people can be abused too. It is important that the Court rules asap to stop PMK from foreclosing, that the Court examines my evidence and rule objectively.
CONDOMINIUM EXTORTION NETWORK IN HAWAII
Hawaii has about 1200 condominium buildings. Most of them are on Oahu. Many are mis-managed as Hawaii has one of the worst statistics in the nation,
For readers not familiar with condo operations:
1. Each building has to elect a group of owners on a Board of Directors that will be responsible for all financial and other decisions and spending on building behalf, in other words, the Board are the people with the access to the building checkbook.
2. Each building also has to elect to be either self managed, or managed by a real estate broker. In practical terms, most buildings choose to hire a property management company and pay about $1,000 month for “helping the Board manage the building”. Property management company typically collects monthly dues from owners and helps with repairs, and has construction companies, tradesman, attorneys and other connections they can call upon to make property management “easier” for the Board.
3. The Board and property management companies are subject to rules and regulations of “condo law” such as Hawaii Revised Statutes 514B.
4. The real responsible party for managing the building is the Board of Directors, condo owners elected by majority of owners and solely responsible for making decisions about spending building money and making decisions pm behalf of the building. Since Board members are not professional property managers, their mistakes are covered under Directors and Officers (D&O) insurance. Boards in Hawaii have the highest number of D&O cases in the nation, so only a couple or so insurance companies offer D&O insurance for Hawaii. Why is Hawaii in so much violation?
In reality, “condo law” HRS 514B is not really enforced in Hawaii. There is DCCA (Department of Consumer Affairs) in Hawaii Regulated Industries office (RICO) but it is very limited and in practice is typically no more than pro-forma. In practical terms, owners must sue to force HRS 514B compliance. In practical terms, only one law firm on Oahu advertises and accepts to defend condo owners.
In reality, Board elections can be rigged in Hawaii by property management companies to make sure that “their” people get elected. There are many testimonies of such behavior.
In reality, a corrupt Board together with property management company and attorneys can terrorize and extort from the owners. There are many recorded instances of this, for example Civil Beat Oahu Condo Issues https://www.civilbeat.org/category/oahu-condo-issues/
In reality, large property management companies have huge budgets and can and do lobby the government.
In reality, the mediation/arbitration and Judiciary system can be dominated by the interests of the “big players”. I was sued by these “big players” without evidence and they won based on just their testimony without evidence, proven false made up facts, and cutting out my evidence. People who did not read my evidence and blindly supported Porter McGuire Kaikona law firm include mediators retired Judge Yim and Crompton, arbitrator retired Judge Nakatani, and current Judges Cataldo, Appellate Judges Wadsworth, Nakasone and Chan and the other panel that denied motion to recuse.
Chief Propagandists for Management Companies at-a-glance
Richard Emery “government liason” of property management company Associa Hawaii, franchise of main branch Associa in Texas. In spite of his title at Associa, he testifies as "individual" at legislative sessions in Hawaii, without oath, to shoot down any laws that protect condo owners.
Christian Porter and R. Laree McGuire, attorneys from their law firm Porter McGuire Kaikona (PMK), often working with Associa as the law firm that persecutes condo owners, and also testifying against any laws that protect condo owners.
Linda Ichiyama, legislator who shoots down laws that protect condo owners. Employee of PorterMcGuire
Michele Kidani, legislator who shoots down laws to protect condo owners. high level employee of Associa HI
Rosalyn Rose Baker retired legislator from Maui, receives donations and shoots down laws that protect condo owners.
Senate President Ronald Kouchi of Kauai & House Speaker Scott Saiki of the Ala Moana / Kakaako District, also helping to shoot down laws that protect condo owners.
Yuriko Sugimura, attorney from Aiea, who donates to help shoot down laws that protect condo owners. The link below shows all of the many politicians she gives money to. Often, Senate or House Committee Chairs. She and Richard Emery are the two Chief Propagandists for Management Companies, in opinion of many people. For many years she would appear at Hearing and oppose legislation that would benefit HOAs.
https://hicscdata.hawaii.gov/dataset/Campaign-Contributions-Received-By-Hawaii-State-an/jexd-xbcg/dataTo look up donors, use white line, not green line
Most of these names have Japanese origins, except Richard Emery, Porter and McGuire from PMK law firm.
PMK is involved in many scandals and illegalities taking condos away, like illegal non judicial foreclosures from at least 160 people in 72 buildings in 2016 https://www.civilbeat.org/2016/08/ian-lind-wrongful-foreclosure-claims-rock-the-condo-world/ , or making $150 house rules violations fee into $50,000 attorney bills in 2022 https://www.civilbeat.org/2022/10/heres-what-happened-when-lawyers-for-a-condo-association-tried-to-collect-their-fees/
Many other cases are in Oahu Condo Issues Archives https://www.civilbeat.org/category/oahu-condo-issues/ .
An example of improper Board member is Lorne Jackson, currently president of AOAO Mokuleia Surf and Board member often in the past, involved in numerous unapproved and non delivered special assessments, who claims to be ex Navy Seal petty officer of 25 years.
Another example of improper operation is Bryn James, sole owner of property management firm All Community Management, who testified to brazenly ignoring condo laws in his 35 years of work (including taking orders directly from Board president without Board approvals, not informing owners of Board meetings, not asking owners to approve large expenses, and so on). He also testified to taking medication "like arthritis medication" and to issuing an unapproved roofing contract and removing roof railing and 16 solar panels without approval. (Removing property without approval is called theft in plain English.)
Extorting from Condo owners at-a-glance: RED FLAGS
Predatory property management companies / corrupt Boards do not provide financial statements and project updates to owners, do not hold official Board meetings nor produce Board meeting minutes, do not inform owners of Board meetings nor inform them of Board discussions and decisions, do not perform maintenance nor repairs properly or at all, keep raising monthly dues and other costs to owners, issue unapproved / overbloated / unnecessary special assessments, house rules fines, rack up attorney bills, refuse to service units of whistleblowers and/or provide favors to supporters. If owners cannot pay the assessments, fines, fees, or dues, the predatory law firm will take their condo away.
One of the strategies that predators use is to prevent owners from speaking about the shady in public by threatening the whistleblowers. Associa HI has used their attorney to issue threat letters with false information. Another mis-use of attorneys is to proclaim whistleblowers “rude” and forbid them to ask questions and request documentation, and to refuse to discuss sensitive topic because “it is attorney-client privilege.”
These are racketeering behaviors that terrorize condo owners in Hawaii with help of corrupt arbitrators and judges. One example is shown below.
Arbitrator Gail Nakatani, ex Judge of 25 years, works for Apoelate Court Mediatiion and with State Funded mediation/arbitration Dispute Resolution and Prevention company.
She was arbitrator in my case. I was sued by PMK on behalf of my building, spearheaded by Lorne Jackson as Board president and Bryn James as the property manager. Our building was managed by Assocya HI in the past and the official records show they kept a "black file" on me.
Arbitrator Gail Nakatani quoted the building witnesses’ testimony without evidence and made up false facts, cut out all my critical evidence, ignored their admissions of violations, illegally ostracized me, and wrote practically 100% incorrect "facts" and ruling in their favor, including illegally assigning huge attorney fees. I proved that 77 pages of her ruling, called Award, is in error, plus all the other errors and biased actions she did not mention.
Judge Lusa Cataldo of First Circuit Court said that "arbitrators are allowed to make mistakes" - meaning practically 100% mistakes are ok. Judge Cataldo rubber stamped invalid Award without showing any signs she has read my appeal and evidence. Judge Cataldo also ignored many instances of fraud by PMK and the other attorneys working to improperly defend the building in her own court, for example their fraud in writing exposed orally and in writing.
The appellate court is also rubber stamping anything PMK says, without showing any signs they have read my appeal and evidence.
Also, seems like corrupt judges were sworn around 2019 to defend the corrupt Hawaii rail system HART, as appellate judges quote those corrupt rulings to justify ruling against me ("the attorneys will be harmed if they dont get paid".) The fact is, attorneys on this case, PMK and Riecca Luria Shin, are double dipping and getting paid by all owners of my AOAO and also expecting to be paid by me personally and foreclosing on my condo.
Corruption against condo owners and others in Hawaii
Corruption is typically fueled by entities with plentiful funds. In Hawaii, people with plentiful funds include large property management companies and law firms/attorneys working for them to keep condo owners “compliant.”
They have influenced the government by donating money, testifying, infiltrating government bodies and so on, and extort powerful influence in other ways, for example a property management company works with construction companies.
https://hicscdata.hawaii.gov/dataset/Campaign-Contributions-Received-By-Hawaii-State-an/jexd-xbcg/dataTo look up donors, use white line, not green line
Giving money to legislators is a problem in Hawaii:
https://www.civilbeat.org/2022/02/corruption-at-the-hawaii-legislature-puts-campaign-donations-in-the-spotlight/ posted in February 2022
https://www.civilbeat.org/2023/02/hawaii-lawmakers-may-limit-their-own-political-fundraising/ posted in February 2023
https://www.civilbeat.org/2023/06/special-interests-spent-more-to-lobby-the-hawaii-legislature-this-year/ posted in June 2023
https://www.news-journal.com/new-hawaii-laws-limit-campaign-contributions-lobbyists-gifts/article_575eef3a-2ed4-5e61-a307-f46785fab54e.html posted in April 2023
In Hawaii, the largest property management companies Associa HI and Hawaiiana, are known for their bad behaviors. Associa HI seems to have worse track record. See below.
Richard Emery was formerly owner of property management company Hawaii First and then merged with Associa HI. Associa Hawaii is a branch of main Associa in Texas. Currently, Richard Emery has had the official title of Associa’s Vice President of Government Affairs and acts as “Government Liasson” and is a member of the Community Associations Institute Legislative Action Committee and a director for the Hawaii Council of Community Associations. In spite of his title at Associa, he testifies as "individual" at legislative sessions in Hawaii, without oath, denying laws that protect condo owners. Reference: https://hub.associaonline.com/authors/richard-emery accessed on July 18, 2023
Associa HI left a documented trail of shady while managing AOAO Mokuleia Surf on Oahu from 2008-2018. There is documented evidence of rigged Board elections, unapproved assessments, fraud to owners, threatening whistleblowers by stating fraud, and so on. Mr. Emery was the Associa liason who was helping the AOAO to rope in the owners into the unapproved 2016 $225K special assessment. Associa kept 2017 and 2018 financials hidden from owners, owners had to get some 2017 through RICO, nobody supplied 2018, and even in 2020, RICO refused to ask Associa to provide 2018 financials. When the 2018 financials finally resurfaced - from where? - it was clear that 2018 financials show some strange unexplained large expenses. Also, Associa quit on October 1, 2018 and gave the AOAO just $80K and no documents. After about a month, MB went to police to file a report of missing money, the police said that it is missing money of all owners so they cannot have just one owner file the report. Finally some filed a report, apparently not a real police report but some kind of “memo” that does not count as a police report, but within a week, another $136,000 arrived from Associa. There is still at least $40K estimated to be missing but it is hard to tell without a forensic audit. Documents arrived on Associa USB around February 2019 and were sent to all owners. Many files are missing – Board minutes since 2015, financials since 2016, etc. The AOAO submitted this USB in their discovery and it is to be determined where the AOAO got the financials for 2017 and 2018 from.
Porter Mc Guire Kaikona law firm is known as a firm that property management companies hire against condo owners, and a firm known to work against condo owners. From PMK website, accessed July 18, 2023: https://www.hawaiilegal.com/our-lawyers/christian-p-porter/
Mr. Christian Porter has misused his positions to testify against condo owner protection laws numerous times, as simple search through http://Hawaii.gov shows. For example HB218 TESTIMONY CPC 02-22-17 that will not help condo owners to protect themselves against non-judicial foreclosures, yet PMK was sued in 2016 for illegal non-judicial foreclosures, Case 1:16-CV-00448-KJM Brown and Connelly vs PMK and Ekimoto Morris. No information about that lawsuit and conviction was posted in mainstream media in Hawaii. Note that Mr. Potter is voted one of the best lawyers for real estate in Hawaii by his peers, indicating a mesh of corruption.From PMK website https://www.hawaiilegal.com/news/page/17/ accessed on July 18, 2023.
PMK news page post from November 05, 2020 from Partner R. Laree McGuire Appointed to the Legislative Action Committee for the Hawaii Branch of Community Associations Institute for Second Term https://www.hawaiilegal.com/partner-r-laree-mcguire-appointed-to-the-legislative-action-committee-for-the-hawaii-branch-of-community-associations-institute-for-second-term/
Senator Rosalyn Baker (now retired on Maui) was caught in major scandals receiving lobby money for medical actions that could harm Hawaii, yet she was nominated for an Award in Maui for helping public health, indicating a mesh of corruption. She is one of the people who routinely rejected condo laws to help condo owners and has received funding from Associa HI.
https://judicialcorruptionnews.com/senator-roz-baker/
https://medicalveritas.org/roz-baker/
Legislator Linda Ichiyama worked for Porter McGuire Kaikona law firm. https://lindaichiyama.com/meet-linda
Legislator Michelle Kidani was a LEADER at Associa HI. https://www.econotimes.com/Help-Associa-Hawaii-Share-a-Gift-of-Love-this-Holiday-Season-1060406
Legislator Rosalyn Baker has a history of receiving lobby money. All three have a history of stopping bills that help condo owners, objected to by Porter and Associa, and promoting bills that hinder condo owners, introduced by Associa and Porter, https://publicintegrity.org/politics/state-politics/conflicted-interests-stories-from-the-states/,
Senate President Ronald Kouchi of Kauai & House Speaker Scott Saiki of the Ala Moana / Kakaako District, also helping to shoot down laws that protect condo owners.
Yuriko Sugimura, attorney from Aiea, who donates to help shoot down laws that protect condo owners. The link below shows all of the many politicians she gives money to. Often, Senate or House Committee Chairs. She and Richard Emery are the two Chief Propagandists for Management Companies, in opinion of many people. For many years she would appear at Hearing and oppose legislation that would benefit HOAs.
https://hicscdata.hawaii.gov/dataset/Campaign-Contributions-Received-By-Hawaii-State-an/jexd-xbcg/data To look up donors, use white line, not green line
Honolulu is rather small, so people who work in legal/judicial fields tend to know each other and rub elbows often. Some examples are listed below. In addition, Hawaii is dominated by Polynesian and Asian island cultures which require certain “politeness” and “getting along,” “Agreeability” can be abused as turning a blind eye and/or active corruption.
Judge Karen Nakasone is close with attorneys that work at Porter Mc.Guire Kaikona law firm: “Nari Song PMK attorney served as a legal extern for Judge Karen T. Nakasone of the Oahu First Circuit Court”. https://www.hawaiilegal.com/our-lawyers/nari-song/ (See appendix)
The Arbitrator retired-Judge Gail Nakatani endorsed and supported Karen Nakasone nomination and wrote her a letter of recommendation for becoming a Circuit Judge. The Appendix has the screenshot of page 20 of letters to Committee on Judiciary and Labor where Gail Nakatani is supporting Judge Nakasone. See the full letter at https://www.capitol.hawaii.gov/sessions/splsession2011a/GM1_TESTIMONY_08-29-11.pdf
There is also a connection between Judges Clyde Wadsworth and Judge Karen Nakasone because many cases are listed with them two on the panel of three Appellate judges.
Various extortions and land grab strategies in Hawaii and how they are possible
As Rose Baker moved to Maui and new martial law by Governor Green allows high-rises condos to replace old homes, and there is a lot of pressure to sell burned properties and rebuild with high rises, resorts, and condominiums, this is suspicious
Also mandatory cesspool special assessments of huge amounts are yet another land grab by this group, as overbloated special assessments will most likely force condo and home owners to lose their homes or sell.
This is related to construction as Associa has their own branch that repairs, and also works with construction companies and forces condo owners to pay huge special assessments, where owners lose their condo because they cannot pay. For example, in 2016 in my AOAO, $225K special assessment, about $20K payable in less than 40 days, issued out of blue without Board approval and without owner approval, and one owner lost her condo in foreclosure as the building was delinquent since the Board allowed embezzlement of $35K for about 3 years and thus lenders refused financing.
Hawaii rail system HART was promoted by construction companies and federally audited for shady operation. Covid stopped those investigations and Hawaii residents are paying for wasted billions of dollars and more than 12 years late, with no date in sight for starting the service. Reference: https://www.hawaiibusiness.com/hart-history-hawaii-rail-project-when-finished-budget/
Also, banking is involved here. Associa HI asks many condo owners to mail their HOA dues to Texas or Arizona (our AOAO has done so for years), and then supposedly sends it back to Hawaii. Hawaii law requires HOA dues to be held in Hawaii.
They used to deposit into Mutual of Omaha bank in the continental USA. Now Mutual of Omaha operates in Hawaii under the name CIT.
CIT bank statements are cryptic, do not show who was paid, you need financial statements from property management company. Rogue property managers refuse to provide those statements, which is against condo laws but there is not much one can do except to go through the arduous and ineffective process with RICO or to sue.
Hawaii Department of Consumer Affairs (DCCA) has regulated branch office (RICO) but they are known to be just pro forma, they can ask for documents but not enforce property management to provide anything, and they are known for being ineffective and so far we typically saw them stand on the side of property management companies and actively turning a blind eye and even protecting them. For example, RICO attorney considered that a bunch of emails from Board members saying “I vote to move forward” was official approval to scrap the existing $225K roof contract and issue a brand new $80K contract, without telling or asking the owners. This is a blatant ignorance of condo law, that requires Board decisions to be recorded properly in Board meeting minutes, starting with motion per Robert’s rules of order and then official vote, clearly and specifically stating what it is for.
Hawaii Bar disciplinary committee and Judiciary Misconduct committees do not punish any of "privileged" attorneys and judges. Hawaii Bar disciplinary can even be hostile to people complaining about attorneys and does not want to investigate and threatens to silence the complainers. Judiciary Misconduct Committee is also resistant to the point of hostile or does not respond.
Two previous Attorney Generals refused to interfere in private lawsuits even if judges etc. are at fault, Current Attorney General is silent.
Hawaii prosecutor refuses to prosecute anything for which there is no police report.
Police will not write a report for stolen common property of a building, for example stolen solar panels. Police wants all 12 owners to file the report for stolen solar panels.
All these organizations seem to be ineffective even to the point of pro-forma in Hawaii, as typically each washes their hands and points to another.
They all offer private attorneys as the solution but on Oahu, there is only one firm that we were able to find so far that wants to defend condo owners.
Why is this possible? Because Hawaii has about 1200 condominium buildings, mostly on Oahu
Each building must be managed. Most buildings hire a property management comoany and pay them about $1000 per month, so big firms like Associa and Hawaiiana have monthly budget on the order of $500,000.
These property management companies are known for increasing building monthly payments to them. They are also known for extorting from each owner by increasing monthly HOA dues to more than $1000/month, issuing fines, performing bogus/overbloated repairs, issuing special assessments, and so on, including racking huge attorney fees. If you cannot pay it, they take your condo.
Hawaii has the highest HOA dues in the USA (with NYC) and the highest number of problems with condo Boards, so only a couple of insurances offer Directors and Officers (D&O) insurance for Hawaii.
Department of Planning and Permitting (DPP) recently went through major upheaval about corruption. Nobody on North Shore of Oahu enforces action against illegal vacation rentals.
Boards in Hawaii are corrupt because it is easy for owners to go along with this strong temptation to engage is shady deals without consequences, especially because of illegal vacation rental owners and other remote owners who typically do not care what happens with building and its money and Hawaii as long as their condo is ok.
By law remote owners are supposed to have a realtor manage their unit, which is 10% of rent, so property managers can offer to "keep an eye for free" in exchange to not being questioned about their access to building checkbook.
Basically, "dont bother me and do what you want as long as my unit is ok" is widely practiced in Hawaii by many owners, and a few Board members and their supporters gain tangible financial and ither benefits. For example, in my building 6 owners modified their windows without approval and Board fraudulently claims that those modifications are approved. My evidence of their fraud was simply cut out by the arbitrator and the cut was ignored by the confirming judge.
No mainstream media in Hawaii publishes this and many real estate sites do not talk about it in order to keep selling. Basically, consumers are held in the dark, o, to make them easy victims.
Because this kind of unconstitutional racketeering behavior is rather common for O’ahu and other islands, the extortionists run rampant and brazen and now might be spreading over to Maui too.
The Future we must create NOW
New laws need to be enacted in Hawaii that will hold legislators, property management, attorneys and Board members accountable, laws that will ensure ENFORCING CONDO LAWS and tightening, not loosening, condo laws. Florida has recently done so. Otherwise, Hawaii is just a cash cow for predatory extortionists. Florida's new laws can be used as a template
The agreeable and inherently corrupt nature of island lifestyles and politics (mostly Hawaii, Philliphines, China and Japan), plus opportunistic Caucasian history of colonizing and neo colonizing, plus islands’ lack of education and preference for pleasant relaxing rather than hard ugly labor to make things better, prevalent use of recreational marijuana and hang loose attitude, in other words, lack of culture of hard strong work ethics and getting "ugly hard unpleasant confrontational" things done, all contributes to this.
Hawaii needs to to mentally, spiritually and by-action invest in its own future, Refusing to do so allows predators to be rampant, creating this "banana republic" that is unsafe for business and keeps Hawaii poor.
As outsiders try to grab Hawaii land by any means - extortions, fire, etc. - the future of Hawaii leads to a land of illegal vacation rentals and remote owners and even poorer state as none of those remote owners pay income tax.
Furthermore, the pool of people to extort from is less, because the predators cannot extort soon from people they just sold to / brought in, so the local predators are forced to extort even more from local residents, leading to a even poorer state.
In short, Hawaii is a dangerously lawless corrupt place not in accord with the USA Constitution and should change. Corruption is everywhere to some extent but some places are worse than others.
One of the first things that has to be done is properly run the court system to prevent extortions.
My case CCAP 023 0000084 has to be properly executed, the Judges must read my evidence. So far there is no sign they read anything. If they had, they would take action against unconstitutional ruling based on building witnesses testimony without evidence their made up false facts, introduced fraud, and cutting of my critical evidence.
Reference: Appendix XVII from my Appeal Reply outlines the corruption network with links to their websites Docket #241 in Appeals case CCAP-23-0000084
215
The Issue
I hlave personally experienced the distressing consequences of a dark network of extortion from condo owners on Oahu. My building and its predatory at
torneys unjustly sued me without evidence, fabricated false facts, disregarded my evidence, accumulated exorbitant attorney fees, and illegally "won" their case with
help of corrupt arbitrator and Judges who turn the blind eye. Now they are legally entitled and attempting to unlawfully foreclose on my condo. It is crucial that the Court intervenes to halt their predatory behavior and review my evidence. http://change.org/condoownerhawaii
This personal ordeal has compelled me to take action against similar injustices that may arise in Maui. It has come to my attention that there is a risk of rebuilding Maui without adhering to necessary regulations. This could potentially lead to the construction of high-rises and other developments that do not comply with real estate practices, property management guidelines, or condo laws. https://reason.com/2023/08/23/to-tackle-highest-housing-costs-in-the-country-hawaiis-governor-declares-yimby-martial-law/
Also, the environmental court ruling that big agg has to use 9 million gallons of water per day less has been overruled by governors fire deregulation orfer, as fire happened within one day of water permits expiring
Please check Maui News local news from June 20,2023. Change.org is not letting me paste the link
It is essential for all concerned people to ensure that Hawaii's real estate and land and water use practices are followed diligently across all islands. By signing this petition, we call upon relevant authorities and decision-makers in Hawaii to prioritize the following actions:
1. Strengthen Oversight: Implement stricter oversight mechanisms for real estate practices in order to prevent fraudulent activities such as extortionate lawsuits or false claims. Hawaii attorneys, Judges, arbitrators, and all regulatory agencies such as RICO, Bar Disciplinary, Judicial Misconduct and Attorney General need to make sure the law is enforced in Hawaii.
http://change.org/condoownerhawaii
2. Enforce Regulations: Ensure rigorous enforcement of existing laws and regulations throughout Hawaii. Maui CAN be rebuilt fast and in accordance with existing building rules. No high-rises and condominiums and such,
3. Transparent Legal Proceedings: Advocate for fair legal proceedings where all parties involved have equal opportunities for presenting evidence before any judgments are made. Stop legally threatening whistleblowers to stop speaking up.
4. Public Awareness Campaigns: Launch educational campaigns aimed at informing residents about their rights as homeowners or tenants while also promoting awareness about real estate practices. Legislators cannot vote on issues for which they accept donations or to support organizations for which they work
5. Collaborative Decision-Making Process: Encourage community involvement by including residents, local organizations, and experts in the decision-making process regarding rebuilding efforts and future developments.
By signing this petition, we stand united in our demand for justice, accountability, and adherence to regulations within Hawaii's real estate, property management, construction and legal industry. Let us ensure that the mistakes of the past are not repeated on Maui. Together, we can protect our communities from predatory behavior and safeguard the integrity of our beloved islands.
Please sign this petition to support a fair and regulated real estate environment in Hawaii. Let us work towards a brighter future where all residents can live without fear of exploitation or disregard for established laws.
Thank you for your support!
1. Who is impacted? Any home owner or any resident, renter and visitor to Hawaii.
The overbearing influence in Hawaii are property management companies of condominuum buildings and their lawyers.
As Hawaii has about 1200 condominium buildings, mostly on Oahu, each paying about $1000/month, large property management companies have huge monthly budgets and have gotten into legal, judiciary and government systems and are running wild on Oahu. The latest Maui fires and the law that allows high-rise buildings on Maui will spread the influence of these extortionists.
2. What is at stake? Future of all people and land in Hawaii
The link below shows how Maui fires will be abused – Hawaii Governor allows high rises will spread, increasing hunting territory and influence of Associa Hi, PMK and others who extort from condo owners. That is probably why his deregulation is "highly praised" by the locals.
People who will benefit the most from selling and/or building high-rises and condominium buildings on Maui are predatory property management companies and attorneys working for them, and also construction companies working for them, who all run rampantly unchecked on Oahu. Players like Associa HI or PMK are known for shady operations with money and property and do all kinds of extortions and shady dealings. Predators seem to be out of hand on Oahu as judicial system and government do not actively regulate them and even enable and support them. For example, I complained about shady in our building such as roof and special assessments embezzlements and waste, they sued me without evidence for bogus stuff, racked huge attorney bills, won in a lawsuit based on their testimony without evidence and false made up facts without evidence and cutting my evidence, and are now foreclosing on my condo
Http://change.org/condoownerhawaii has links to alternative news articles about the wrongdoings of this group to many condo owners, including myself,
Now they seem to be increasing their hunting territory to Maui via the fires
Senator Rosalyn Baker retired from Honolulu to Maui. After Maui fire started, laws were enacted by the Governor Josh Green that all building regulations are removed and old homes can be replaced by high-rise buildings...
Baker collaborated with Associa Hi Richard Emery and Porter and McGuire their attorneys from Porter McGuire Kaikara (PMK) law firm, who specialize in extorting - extorting from condo owners, and extorting condos.
Hawaii court is proven to have collaborated in this systemic extortion.
Some fire of justice and corruption cleanup needs to sweep through majorly corrupt Hawaii government and business.
3. Why is now the time to act? It is URGENT
The immediate step to take is to prevent sales of burned properties on Maui, and also to prevent rebuilding without regard for building codes, as Governor Josh Green wants to do. Rebuilding unchecked like that will allow high-rises and condominium buildings and that will mean the spreading of the O’ahu predatory entities.
The immediate step to take is to stop foreclosure of my Oahu condo and make the Court properly address my appeals case CCAP-23-0000084: that the Court read my evidence, which so far they did not demonstrate they did, as they seem to just side with whatever PMK law firm says, even if it is proven to be fraud.
The immediate step to take is to stop foreclosure of my Oahu condo and make the Court properly address my appeals case CCAP-23-0000084: that the Court read my evidence, which so far they did not demonstrate they did, as they seem to just side with whatever PMK law firm says, even if it is proven to be fraud.
I just went through lawsuit, PMK sued me without evidence and corrupt arbitrator cut out all my evidence and Courts allowed them. Http://change.org/condoownerhawaii It is important that I win so that this cannot be done to other condo owners. Right now, PMK is trying to foreclose on my condo. If they manage to do that, it will set the precedent and all other people can be abused too. It is important that the Court rules asap to stop PMK from foreclosing, that the Court examines my evidence and rule objectively.
CONDOMINIUM EXTORTION NETWORK IN HAWAII
Hawaii has about 1200 condominium buildings. Most of them are on Oahu. Many are mis-managed as Hawaii has one of the worst statistics in the nation,
For readers not familiar with condo operations:
1. Each building has to elect a group of owners on a Board of Directors that will be responsible for all financial and other decisions and spending on building behalf, in other words, the Board are the people with the access to the building checkbook.
2. Each building also has to elect to be either self managed, or managed by a real estate broker. In practical terms, most buildings choose to hire a property management company and pay about $1,000 month for “helping the Board manage the building”. Property management company typically collects monthly dues from owners and helps with repairs, and has construction companies, tradesman, attorneys and other connections they can call upon to make property management “easier” for the Board.
3. The Board and property management companies are subject to rules and regulations of “condo law” such as Hawaii Revised Statutes 514B.
4. The real responsible party for managing the building is the Board of Directors, condo owners elected by majority of owners and solely responsible for making decisions about spending building money and making decisions pm behalf of the building. Since Board members are not professional property managers, their mistakes are covered under Directors and Officers (D&O) insurance. Boards in Hawaii have the highest number of D&O cases in the nation, so only a couple or so insurance companies offer D&O insurance for Hawaii. Why is Hawaii in so much violation?
In reality, “condo law” HRS 514B is not really enforced in Hawaii. There is DCCA (Department of Consumer Affairs) in Hawaii Regulated Industries office (RICO) but it is very limited and in practice is typically no more than pro-forma. In practical terms, owners must sue to force HRS 514B compliance. In practical terms, only one law firm on Oahu advertises and accepts to defend condo owners.
In reality, Board elections can be rigged in Hawaii by property management companies to make sure that “their” people get elected. There are many testimonies of such behavior.
In reality, a corrupt Board together with property management company and attorneys can terrorize and extort from the owners. There are many recorded instances of this, for example Civil Beat Oahu Condo Issues https://www.civilbeat.org/category/oahu-condo-issues/
In reality, large property management companies have huge budgets and can and do lobby the government.
In reality, the mediation/arbitration and Judiciary system can be dominated by the interests of the “big players”. I was sued by these “big players” without evidence and they won based on just their testimony without evidence, proven false made up facts, and cutting out my evidence. People who did not read my evidence and blindly supported Porter McGuire Kaikona law firm include mediators retired Judge Yim and Crompton, arbitrator retired Judge Nakatani, and current Judges Cataldo, Appellate Judges Wadsworth, Nakasone and Chan and the other panel that denied motion to recuse.
Chief Propagandists for Management Companies at-a-glance
Richard Emery “government liason” of property management company Associa Hawaii, franchise of main branch Associa in Texas. In spite of his title at Associa, he testifies as "individual" at legislative sessions in Hawaii, without oath, to shoot down any laws that protect condo owners.
Christian Porter and R. Laree McGuire, attorneys from their law firm Porter McGuire Kaikona (PMK), often working with Associa as the law firm that persecutes condo owners, and also testifying against any laws that protect condo owners.
Linda Ichiyama, legislator who shoots down laws that protect condo owners. Employee of PorterMcGuire
Michele Kidani, legislator who shoots down laws to protect condo owners. high level employee of Associa HI
Rosalyn Rose Baker retired legislator from Maui, receives donations and shoots down laws that protect condo owners.
Senate President Ronald Kouchi of Kauai & House Speaker Scott Saiki of the Ala Moana / Kakaako District, also helping to shoot down laws that protect condo owners.
Yuriko Sugimura, attorney from Aiea, who donates to help shoot down laws that protect condo owners. The link below shows all of the many politicians she gives money to. Often, Senate or House Committee Chairs. She and Richard Emery are the two Chief Propagandists for Management Companies, in opinion of many people. For many years she would appear at Hearing and oppose legislation that would benefit HOAs.
https://hicscdata.hawaii.gov/dataset/Campaign-Contributions-Received-By-Hawaii-State-an/jexd-xbcg/dataTo look up donors, use white line, not green line
Most of these names have Japanese origins, except Richard Emery, Porter and McGuire from PMK law firm.
PMK is involved in many scandals and illegalities taking condos away, like illegal non judicial foreclosures from at least 160 people in 72 buildings in 2016 https://www.civilbeat.org/2016/08/ian-lind-wrongful-foreclosure-claims-rock-the-condo-world/ , or making $150 house rules violations fee into $50,000 attorney bills in 2022 https://www.civilbeat.org/2022/10/heres-what-happened-when-lawyers-for-a-condo-association-tried-to-collect-their-fees/
Many other cases are in Oahu Condo Issues Archives https://www.civilbeat.org/category/oahu-condo-issues/ .
An example of improper Board member is Lorne Jackson, currently president of AOAO Mokuleia Surf and Board member often in the past, involved in numerous unapproved and non delivered special assessments, who claims to be ex Navy Seal petty officer of 25 years.
Another example of improper operation is Bryn James, sole owner of property management firm All Community Management, who testified to brazenly ignoring condo laws in his 35 years of work (including taking orders directly from Board president without Board approvals, not informing owners of Board meetings, not asking owners to approve large expenses, and so on). He also testified to taking medication "like arthritis medication" and to issuing an unapproved roofing contract and removing roof railing and 16 solar panels without approval. (Removing property without approval is called theft in plain English.)
Extorting from Condo owners at-a-glance: RED FLAGS
Predatory property management companies / corrupt Boards do not provide financial statements and project updates to owners, do not hold official Board meetings nor produce Board meeting minutes, do not inform owners of Board meetings nor inform them of Board discussions and decisions, do not perform maintenance nor repairs properly or at all, keep raising monthly dues and other costs to owners, issue unapproved / overbloated / unnecessary special assessments, house rules fines, rack up attorney bills, refuse to service units of whistleblowers and/or provide favors to supporters. If owners cannot pay the assessments, fines, fees, or dues, the predatory law firm will take their condo away.
One of the strategies that predators use is to prevent owners from speaking about the shady in public by threatening the whistleblowers. Associa HI has used their attorney to issue threat letters with false information. Another mis-use of attorneys is to proclaim whistleblowers “rude” and forbid them to ask questions and request documentation, and to refuse to discuss sensitive topic because “it is attorney-client privilege.”
These are racketeering behaviors that terrorize condo owners in Hawaii with help of corrupt arbitrators and judges. One example is shown below.
Arbitrator Gail Nakatani, ex Judge of 25 years, works for Apoelate Court Mediatiion and with State Funded mediation/arbitration Dispute Resolution and Prevention company.
She was arbitrator in my case. I was sued by PMK on behalf of my building, spearheaded by Lorne Jackson as Board president and Bryn James as the property manager. Our building was managed by Assocya HI in the past and the official records show they kept a "black file" on me.
Arbitrator Gail Nakatani quoted the building witnesses’ testimony without evidence and made up false facts, cut out all my critical evidence, ignored their admissions of violations, illegally ostracized me, and wrote practically 100% incorrect "facts" and ruling in their favor, including illegally assigning huge attorney fees. I proved that 77 pages of her ruling, called Award, is in error, plus all the other errors and biased actions she did not mention.
Judge Lusa Cataldo of First Circuit Court said that "arbitrators are allowed to make mistakes" - meaning practically 100% mistakes are ok. Judge Cataldo rubber stamped invalid Award without showing any signs she has read my appeal and evidence. Judge Cataldo also ignored many instances of fraud by PMK and the other attorneys working to improperly defend the building in her own court, for example their fraud in writing exposed orally and in writing.
The appellate court is also rubber stamping anything PMK says, without showing any signs they have read my appeal and evidence.
Also, seems like corrupt judges were sworn around 2019 to defend the corrupt Hawaii rail system HART, as appellate judges quote those corrupt rulings to justify ruling against me ("the attorneys will be harmed if they dont get paid".) The fact is, attorneys on this case, PMK and Riecca Luria Shin, are double dipping and getting paid by all owners of my AOAO and also expecting to be paid by me personally and foreclosing on my condo.
Corruption against condo owners and others in Hawaii
Corruption is typically fueled by entities with plentiful funds. In Hawaii, people with plentiful funds include large property management companies and law firms/attorneys working for them to keep condo owners “compliant.”
They have influenced the government by donating money, testifying, infiltrating government bodies and so on, and extort powerful influence in other ways, for example a property management company works with construction companies.
https://hicscdata.hawaii.gov/dataset/Campaign-Contributions-Received-By-Hawaii-State-an/jexd-xbcg/dataTo look up donors, use white line, not green line
Giving money to legislators is a problem in Hawaii:
https://www.civilbeat.org/2022/02/corruption-at-the-hawaii-legislature-puts-campaign-donations-in-the-spotlight/ posted in February 2022
https://www.civilbeat.org/2023/02/hawaii-lawmakers-may-limit-their-own-political-fundraising/ posted in February 2023
https://www.civilbeat.org/2023/06/special-interests-spent-more-to-lobby-the-hawaii-legislature-this-year/ posted in June 2023
https://www.news-journal.com/new-hawaii-laws-limit-campaign-contributions-lobbyists-gifts/article_575eef3a-2ed4-5e61-a307-f46785fab54e.html posted in April 2023
In Hawaii, the largest property management companies Associa HI and Hawaiiana, are known for their bad behaviors. Associa HI seems to have worse track record. See below.
Richard Emery was formerly owner of property management company Hawaii First and then merged with Associa HI. Associa Hawaii is a branch of main Associa in Texas. Currently, Richard Emery has had the official title of Associa’s Vice President of Government Affairs and acts as “Government Liasson” and is a member of the Community Associations Institute Legislative Action Committee and a director for the Hawaii Council of Community Associations. In spite of his title at Associa, he testifies as "individual" at legislative sessions in Hawaii, without oath, denying laws that protect condo owners. Reference: https://hub.associaonline.com/authors/richard-emery accessed on July 18, 2023
Associa HI left a documented trail of shady while managing AOAO Mokuleia Surf on Oahu from 2008-2018. There is documented evidence of rigged Board elections, unapproved assessments, fraud to owners, threatening whistleblowers by stating fraud, and so on. Mr. Emery was the Associa liason who was helping the AOAO to rope in the owners into the unapproved 2016 $225K special assessment. Associa kept 2017 and 2018 financials hidden from owners, owners had to get some 2017 through RICO, nobody supplied 2018, and even in 2020, RICO refused to ask Associa to provide 2018 financials. When the 2018 financials finally resurfaced - from where? - it was clear that 2018 financials show some strange unexplained large expenses. Also, Associa quit on October 1, 2018 and gave the AOAO just $80K and no documents. After about a month, MB went to police to file a report of missing money, the police said that it is missing money of all owners so they cannot have just one owner file the report. Finally some filed a report, apparently not a real police report but some kind of “memo” that does not count as a police report, but within a week, another $136,000 arrived from Associa. There is still at least $40K estimated to be missing but it is hard to tell without a forensic audit. Documents arrived on Associa USB around February 2019 and were sent to all owners. Many files are missing – Board minutes since 2015, financials since 2016, etc. The AOAO submitted this USB in their discovery and it is to be determined where the AOAO got the financials for 2017 and 2018 from.
Porter Mc Guire Kaikona law firm is known as a firm that property management companies hire against condo owners, and a firm known to work against condo owners. From PMK website, accessed July 18, 2023: https://www.hawaiilegal.com/our-lawyers/christian-p-porter/
Mr. Christian Porter has misused his positions to testify against condo owner protection laws numerous times, as simple search through http://Hawaii.gov shows. For example HB218 TESTIMONY CPC 02-22-17 that will not help condo owners to protect themselves against non-judicial foreclosures, yet PMK was sued in 2016 for illegal non-judicial foreclosures, Case 1:16-CV-00448-KJM Brown and Connelly vs PMK and Ekimoto Morris. No information about that lawsuit and conviction was posted in mainstream media in Hawaii. Note that Mr. Potter is voted one of the best lawyers for real estate in Hawaii by his peers, indicating a mesh of corruption.From PMK website https://www.hawaiilegal.com/news/page/17/ accessed on July 18, 2023.
PMK news page post from November 05, 2020 from Partner R. Laree McGuire Appointed to the Legislative Action Committee for the Hawaii Branch of Community Associations Institute for Second Term https://www.hawaiilegal.com/partner-r-laree-mcguire-appointed-to-the-legislative-action-committee-for-the-hawaii-branch-of-community-associations-institute-for-second-term/
Senator Rosalyn Baker (now retired on Maui) was caught in major scandals receiving lobby money for medical actions that could harm Hawaii, yet she was nominated for an Award in Maui for helping public health, indicating a mesh of corruption. She is one of the people who routinely rejected condo laws to help condo owners and has received funding from Associa HI.
https://judicialcorruptionnews.com/senator-roz-baker/
https://medicalveritas.org/roz-baker/
Legislator Linda Ichiyama worked for Porter McGuire Kaikona law firm. https://lindaichiyama.com/meet-linda
Legislator Michelle Kidani was a LEADER at Associa HI. https://www.econotimes.com/Help-Associa-Hawaii-Share-a-Gift-of-Love-this-Holiday-Season-1060406
Legislator Rosalyn Baker has a history of receiving lobby money. All three have a history of stopping bills that help condo owners, objected to by Porter and Associa, and promoting bills that hinder condo owners, introduced by Associa and Porter, https://publicintegrity.org/politics/state-politics/conflicted-interests-stories-from-the-states/,
Senate President Ronald Kouchi of Kauai & House Speaker Scott Saiki of the Ala Moana / Kakaako District, also helping to shoot down laws that protect condo owners.
Yuriko Sugimura, attorney from Aiea, who donates to help shoot down laws that protect condo owners. The link below shows all of the many politicians she gives money to. Often, Senate or House Committee Chairs. She and Richard Emery are the two Chief Propagandists for Management Companies, in opinion of many people. For many years she would appear at Hearing and oppose legislation that would benefit HOAs.
https://hicscdata.hawaii.gov/dataset/Campaign-Contributions-Received-By-Hawaii-State-an/jexd-xbcg/data To look up donors, use white line, not green line
Honolulu is rather small, so people who work in legal/judicial fields tend to know each other and rub elbows often. Some examples are listed below. In addition, Hawaii is dominated by Polynesian and Asian island cultures which require certain “politeness” and “getting along,” “Agreeability” can be abused as turning a blind eye and/or active corruption.
Judge Karen Nakasone is close with attorneys that work at Porter Mc.Guire Kaikona law firm: “Nari Song PMK attorney served as a legal extern for Judge Karen T. Nakasone of the Oahu First Circuit Court”. https://www.hawaiilegal.com/our-lawyers/nari-song/ (See appendix)
The Arbitrator retired-Judge Gail Nakatani endorsed and supported Karen Nakasone nomination and wrote her a letter of recommendation for becoming a Circuit Judge. The Appendix has the screenshot of page 20 of letters to Committee on Judiciary and Labor where Gail Nakatani is supporting Judge Nakasone. See the full letter at https://www.capitol.hawaii.gov/sessions/splsession2011a/GM1_TESTIMONY_08-29-11.pdf
There is also a connection between Judges Clyde Wadsworth and Judge Karen Nakasone because many cases are listed with them two on the panel of three Appellate judges.
Various extortions and land grab strategies in Hawaii and how they are possible
As Rose Baker moved to Maui and new martial law by Governor Green allows high-rises condos to replace old homes, and there is a lot of pressure to sell burned properties and rebuild with high rises, resorts, and condominiums, this is suspicious
Also mandatory cesspool special assessments of huge amounts are yet another land grab by this group, as overbloated special assessments will most likely force condo and home owners to lose their homes or sell.
This is related to construction as Associa has their own branch that repairs, and also works with construction companies and forces condo owners to pay huge special assessments, where owners lose their condo because they cannot pay. For example, in 2016 in my AOAO, $225K special assessment, about $20K payable in less than 40 days, issued out of blue without Board approval and without owner approval, and one owner lost her condo in foreclosure as the building was delinquent since the Board allowed embezzlement of $35K for about 3 years and thus lenders refused financing.
Hawaii rail system HART was promoted by construction companies and federally audited for shady operation. Covid stopped those investigations and Hawaii residents are paying for wasted billions of dollars and more than 12 years late, with no date in sight for starting the service. Reference: https://www.hawaiibusiness.com/hart-history-hawaii-rail-project-when-finished-budget/
Also, banking is involved here. Associa HI asks many condo owners to mail their HOA dues to Texas or Arizona (our AOAO has done so for years), and then supposedly sends it back to Hawaii. Hawaii law requires HOA dues to be held in Hawaii.
They used to deposit into Mutual of Omaha bank in the continental USA. Now Mutual of Omaha operates in Hawaii under the name CIT.
CIT bank statements are cryptic, do not show who was paid, you need financial statements from property management company. Rogue property managers refuse to provide those statements, which is against condo laws but there is not much one can do except to go through the arduous and ineffective process with RICO or to sue.
Hawaii Department of Consumer Affairs (DCCA) has regulated branch office (RICO) but they are known to be just pro forma, they can ask for documents but not enforce property management to provide anything, and they are known for being ineffective and so far we typically saw them stand on the side of property management companies and actively turning a blind eye and even protecting them. For example, RICO attorney considered that a bunch of emails from Board members saying “I vote to move forward” was official approval to scrap the existing $225K roof contract and issue a brand new $80K contract, without telling or asking the owners. This is a blatant ignorance of condo law, that requires Board decisions to be recorded properly in Board meeting minutes, starting with motion per Robert’s rules of order and then official vote, clearly and specifically stating what it is for.
Hawaii Bar disciplinary committee and Judiciary Misconduct committees do not punish any of "privileged" attorneys and judges. Hawaii Bar disciplinary can even be hostile to people complaining about attorneys and does not want to investigate and threatens to silence the complainers. Judiciary Misconduct Committee is also resistant to the point of hostile or does not respond.
Two previous Attorney Generals refused to interfere in private lawsuits even if judges etc. are at fault, Current Attorney General is silent.
Hawaii prosecutor refuses to prosecute anything for which there is no police report.
Police will not write a report for stolen common property of a building, for example stolen solar panels. Police wants all 12 owners to file the report for stolen solar panels.
All these organizations seem to be ineffective even to the point of pro-forma in Hawaii, as typically each washes their hands and points to another.
They all offer private attorneys as the solution but on Oahu, there is only one firm that we were able to find so far that wants to defend condo owners.
Why is this possible? Because Hawaii has about 1200 condominium buildings, mostly on Oahu
Each building must be managed. Most buildings hire a property management comoany and pay them about $1000 per month, so big firms like Associa and Hawaiiana have monthly budget on the order of $500,000.
These property management companies are known for increasing building monthly payments to them. They are also known for extorting from each owner by increasing monthly HOA dues to more than $1000/month, issuing fines, performing bogus/overbloated repairs, issuing special assessments, and so on, including racking huge attorney fees. If you cannot pay it, they take your condo.
Hawaii has the highest HOA dues in the USA (with NYC) and the highest number of problems with condo Boards, so only a couple of insurances offer Directors and Officers (D&O) insurance for Hawaii.
Department of Planning and Permitting (DPP) recently went through major upheaval about corruption. Nobody on North Shore of Oahu enforces action against illegal vacation rentals.
Boards in Hawaii are corrupt because it is easy for owners to go along with this strong temptation to engage is shady deals without consequences, especially because of illegal vacation rental owners and other remote owners who typically do not care what happens with building and its money and Hawaii as long as their condo is ok.
By law remote owners are supposed to have a realtor manage their unit, which is 10% of rent, so property managers can offer to "keep an eye for free" in exchange to not being questioned about their access to building checkbook.
Basically, "dont bother me and do what you want as long as my unit is ok" is widely practiced in Hawaii by many owners, and a few Board members and their supporters gain tangible financial and ither benefits. For example, in my building 6 owners modified their windows without approval and Board fraudulently claims that those modifications are approved. My evidence of their fraud was simply cut out by the arbitrator and the cut was ignored by the confirming judge.
No mainstream media in Hawaii publishes this and many real estate sites do not talk about it in order to keep selling. Basically, consumers are held in the dark, o, to make them easy victims.
Because this kind of unconstitutional racketeering behavior is rather common for O’ahu and other islands, the extortionists run rampant and brazen and now might be spreading over to Maui too.
The Future we must create NOW
New laws need to be enacted in Hawaii that will hold legislators, property management, attorneys and Board members accountable, laws that will ensure ENFORCING CONDO LAWS and tightening, not loosening, condo laws. Florida has recently done so. Otherwise, Hawaii is just a cash cow for predatory extortionists. Florida's new laws can be used as a template
The agreeable and inherently corrupt nature of island lifestyles and politics (mostly Hawaii, Philliphines, China and Japan), plus opportunistic Caucasian history of colonizing and neo colonizing, plus islands’ lack of education and preference for pleasant relaxing rather than hard ugly labor to make things better, prevalent use of recreational marijuana and hang loose attitude, in other words, lack of culture of hard strong work ethics and getting "ugly hard unpleasant confrontational" things done, all contributes to this.
Hawaii needs to to mentally, spiritually and by-action invest in its own future, Refusing to do so allows predators to be rampant, creating this "banana republic" that is unsafe for business and keeps Hawaii poor.
As outsiders try to grab Hawaii land by any means - extortions, fire, etc. - the future of Hawaii leads to a land of illegal vacation rentals and remote owners and even poorer state as none of those remote owners pay income tax.
Furthermore, the pool of people to extort from is less, because the predators cannot extort soon from people they just sold to / brought in, so the local predators are forced to extort even more from local residents, leading to a even poorer state.
In short, Hawaii is a dangerously lawless corrupt place not in accord with the USA Constitution and should change. Corruption is everywhere to some extent but some places are worse than others.
One of the first things that has to be done is properly run the court system to prevent extortions.
My case CCAP 023 0000084 has to be properly executed, the Judges must read my evidence. So far there is no sign they read anything. If they had, they would take action against unconstitutional ruling based on building witnesses testimony without evidence their made up false facts, introduced fraud, and cutting of my critical evidence.
Reference: Appendix XVII from my Appeal Reply outlines the corruption network with links to their websites Docket #241 in Appeals case CCAP-23-0000084
The Decision Makers
Supporter Voices
Petition Updates
Share this petition
Petition created on August 28, 2023