HAWAII – Battle continues at Hilo Country Club condos

West Hawaii Today:  Battle continues at Hilo Country Club condos
July 9, 2014
By JOHN BURNETT Stephens Media Hawaii
The board of apartment owners of a Banyan Drive condominium has gone on the offensive against an apartment owner who tried to assume control of the building by ballot and in court. Honolulu attorneys Christian Porter and Linda Ichiyama filed suit July 1 in Hilo Circuit Court on behalf of the Association of Apartment Owners of Country Club Hawaii Inc. The lead defendant is Carl Oguss, leader of a group of apartment owners that held an election seeking to unseat the original board. Also named are attorneys Steve Strauss and Peter Steinberg, both of whom represented Oguss’ board against Country Club master leaseholder Herbert Arata, former building manager Kevin Aoki and the original board in two lawsuits. On May 23, Kauai Circuit Judge Randall Valenciano dismissed one of two suits brought by Oguss’ board, saying the mail-in election held by the group is not allowed in the association by-laws and that Oguss’ board lacks legal stading to bring the matter to court. The dismissal was with prejudice, which means Oguss and his group cannot refile. The current suit — which states all parties have stipulated to dismiss the other suit brought by Oguss’ board — seeks a permanent injunction ordering all association books, records, files and fees that Oguss, Strauss and Steinberg may have in their possession be turned over to the original board, as well as tax records for the years 2012 and 2013. It also seeks an accounting of all funds received and disbursed by the Oguss Board on behalf of the association. Read more:

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