Association of Apartment Owners of the Waikoloa Beach Villas Ex Rel. Board of Directors v. Sunstone Waikoloa, LLC

Opinion of the Court by

ACOBA, J.

We hold that Section R.4(c) of the Declaration of Condominium Property Regime for the Waikoloa Beach Villas (Declaration) violates Hawai'i Revised Statutes (HRS) § 514B-105(a) 1 because it imposes limitations on Petitioner/Applicant-Appellee Association of Apartment Owners of the Waikoloa Beach Villas, (Petitioner or the Association) in arbitration or litigation with Respondent/Defendant-Appellant Sunstone Waiko-loa, LLC (Respondent) more restrictive than those imposed on other persons. For the reasons stated herein, we vacate in part and affirm in part the…