Litigation of Real Estate Disputes
At Yanagida & Associates, our skilled team of attorneys seek effective and swift dispute resolution in a wide range of real estate disputes, including the following:
Lease and breach of contract disputes. Our attorneys provide vigorous representation in landlord/tenant issues involving commercial and residential leases and rental agreements. Whenever possible we will attempt a resolution via negotiation. However, if we are unable to achieve a satisfactory resolution, we will aggressively litigate the matter to achieve the best outcome for our client.
Associations of Apartment Owners (AOAO) and Homeowners Associations (HOA). We have represented many AOAOs and HOAs in collecting delinquent dues and enforcing their Covenants, Conditions and Restrictions (CC&Rs) in a variety of issues, including:
- Defending against alleged civil rights and human rights violations.
- Investigating forgery issues where an employee was stealing from the association.
We will also represent individuals when they are unfairly treated by homeowner associations. A Maui trial court in April 2000 held that a 1999 CC&R amendment was not legal, applying the thresholds applicable to voting in condominium regimes under HRS Chapter 514A, instead of planned community associations under HRS § 421J-13. Six years later in Lee v. Puamana Community Association, 109 Hawai’i 561, 564, 128 P.3d 874, 877 (2006), the Hawai’i Supreme Court vacated the trial court order, enabling the Board once again to approve minor encroachments of up to 200 square feet, with reasonable compensation. Unfortunately, the association proceeded with legal action against four owners, all of whom this firm successfully defended.
Restraining orders and evictions. We often seek or defend against restraining orders, for individuals as well as for homeowners associations. We also often seek evictions for landlords. When you have an unwanted tenant, hold-over, non-paying or threatening, we can take care of the entire judicial process to assist you in preserving your valuable investment. When necessary, we will work after hours and during week-ends. Our reliable process servers will ensure prompt service on the defendants.
Protection of ownership rights, quiet title and adverse possession. We represented two lot owners defendants and successfully defeated plaintiffs’ claims in the Second Circuit Court. Plaintiffs had petitioned on a primary judicial appeal in the Circuit Court of the Second Circuit a decision of the State Land Use Commission (“LUC”), denying their request for declaratory relief against the developers and owners of a multi-million dollar development in Lahaina, Maui, challenging the validity of the agricultural and water uses of the subdivisions and claiming the rights of native Hawaiian tenants to use Kaua’ula Stream, as well as traditional access rights, were adversely affected. Plaintiffs then filed a secondary judicial appeal. We represented the same two lot owners in the secondary appeal. The Intermediate Court of Appeals of Hawai’i affirmed the Second Circuit Court rulings, in favor of our clients. Kuleana Ku’ikahi, LLC vs. State of Hawaii Land Use Commission, et al. APPEAL: 29250 (2012).
In another matter, the firm defeated Plaintiff’s summary judgment by scrutinizing the evidence presented and identifying missing links in the chain of title. Plaintiff had alleged uninterrupted line of title since the Great Mahele (land division) of 1848 to support a claim of adverse possession against our client’s family land (2008).
Seek Experienced Legal Representation
Real estate disputes are often contentious and can involve many parties who have competing interests. If you need legal representation in a real estate dispute, the lawyers at Yanagida & Associates are capable of handling even the most complex and difficult cases. Contact Yanagida & Associates by facsimile or at (808) 244-1000.