Penney v. Association of Apartment Owners of Hale Kaanapali

Robert and P. Jean Penney (plaintiffs) owned an apartment in a condominium complex where a common restroom, used by patrons of all complex businesses, adjoined space owned by Hale Kaanapali Hotel Associates (defendant); Hale proposed a declaration amendment granting itself exclusive access to that restroom, and 76.83 percent of the complex's apartment owners approved the amendment. The Penneys sued, arguing that converting a common element to a limited common element required unanimous owner consent under Hawaii statute, which had not been obtained.