Stop HOA abuse and Uphold Proper Real Estate Business, Condos and Rentals in Hawaii


Stop HOA abuse and Uphold Proper Real Estate Business, Condos and Rentals in Hawaii
The Issue
SUMMARY:
I am a condo owner and whistlebllower in a corrupt HOA (homeowners association). To shut me up, the HOA sued me under bogus excuses and won by testimony without evidence, fraud, perjury, cutting out my evidence, and collusion with the legal/judiciary/arbitration systems, and now has court ruling to collect $280K from me which means to take away my condo. The HOA retaliated against me for exposing their illegalities, embezzlement, waste and other misconduct that benefits the rogue Board members, property management and their attorneys. Hawaii legal and judicial system is corrupt, does not enforce condo laws and even endorses unlawful and unconstitutional behaviors. Attorney General, Judicial Misconduct, Bar Disciplinary Committee and Regulated Industries of Department of Commerce and Consumer Affairs do not take action to stop this and may even defend the rogues and/or attack the whistleblowers.. Legislators work for property management companies and their law firms and are heavily lobbied. In short, Hawaii is a dangerous place to do real estate business. The current owners are used as cash cows, and there is always search for new victims.
This is the visual of the lawsuit
and the image showing HOA fraud (This is lawsuit exhibit from HOA, with my comments in white letters)
So I have gone through the hell of organized systemic corruption. First, I was condemned in a biased arbitration that was endorsed by the Circuit Court and Appellate Court. A corrupt arbitrator in brazen disregard for law, cut practically all my evidence, ignored HOA admissions of violations, in brazen collusion copied made-up false facts that HOA attorneys brazenly stated in stark conflict with official documents, and used harassment against me, to name a few of many arbitrator's misconducts. Corrupt Court. Circuit court stated that an arbitrator is allowed to make mistakes, implying that 100% mistakes is still a legitimate ruling, so Circuit Court did not even look at the evidence showing that the arbitration process and ruling are practically 100% improper and unconstitutional This is against the law, as Circuit Court is supposed to check if arbitrator did a proper job. Without such checks, arbitrators would be allowed to run amok. .Circuit Court also ignored that the HOA attorneys lied numerous times to the Court about very significant facts and even reprimanded me for bringing it up and showing proofs. Arbitrator, Circuit Court and Appellate Court did not look a my evidence Appellate Court openly insists that the HOA lawyers get paid i.e. take my condo.
In short, this is an organized extortion, a biased trial against me, use of perjury and fraud to win the case, in a blatant demonstration of attorney malpractice, judicial misconduct, and government turning a blind eye to it. Furthermore, allowing this case to end in favor of the rogues means that Hawaii allows arbitrators to make 100% mistakes, allows Circuit Court to not check if arbitrators are following the law, and allows Appellate Court to wash their hands of any responsibility to check on the Circuit Court. In short, this is LEGALIZED SYSTEMIC CORRUPTION.
It is well known that rogue HOAs silence whistleblowers. Typical strategies incliude ignoring requests for proper HOA operation, intimidation by calling whistleblowers "disruptive" and using HOA attorneys to threaten, selective enforcement, retaliation by refusing service to whistleblowers' units, causing problems, issuing fines, and suing whistleblowers. All of that was done to me. My units were left unrepaired and leaking for years and still are, so I have to charge less rent. I got HOA attorney letter asking me to stop posting to the community about unapproved $225K special assessment and the attorney used fraudulent information to justify that letter. My request to obtain financials not provided for more than a year was ignored and I was issued HOA attorney letter that I must not contact the Board or ask questions. I was sued after I got some (but not all requested) financials and documents through Department of Consumer Affairs. I exposed misconduct, waste and theft regarding the new roof installation and spending the assessment money without approval. for things that were not in the special assessment and without informing owners. The corrupt Board, property management, their attorneys, Arbitration and Court system in Hawaii endorses this and considers I was "rude and disruptive" by requesting financials not provided for years and which should be provided every month, for requesting stop of illegal vacation rentals done by the Board members and their supporters, and other such requests which are unwelcome in any corrupt HOA. This particular HOA has a history of supporting illegal vacation rentals and causing HOA abuse to protect that. This particular HOA has a history of skimming, unapproved special assessments, and wasted money without repairs.
In my case, additional twist was used to justify HOA's misconduct. Social engineering was used to play on stereotypes and biases against women and immigrants, which I am, and to bully me in a "parade of shame", degrade me and justify HOAs lack of performance in following their duties. Using such excuses is against the established principles of Hawaii law. (It makes sense to any lay person, as there are comparable situations in daily life, for example an alcoholic / cheater/ gambling / drug addict husband blaming his wife for his addictions "because she nags him too much" and then proceeding to beat her up. The public is likely to blame the woman because of inherent societal sexism, especially prevalent in predominantly Asian/Polynesian Hawaii.) Even more insidiously, the rogues used this kind of bullying to justify not examining any documentary and official evidence provided by me, to justify HOA's testimony without evidence and to skip checking that HOA provided "facts" are in stark contrast with the official documents.
The evidence that Arbitrator and Courts failed to examine is significant in content, gravity and volume. When printed out, it is a box of papers and there is even more. The evidence shows that I was promptly silenced, persecuted and then sued without evidence for bogus "violations" as soon as I exposed illegalities and improprieties of the corrupt HOA. The HOA violations are too numerous to list here, and include not following required condo laws, selective enforcement and different treatment of different owners (favors to friends and retaliation to critics), several huge unapproved special assessments that did not provide results, embezzlement, waste, botched roof installation and missing roof railing and solar panels, total close to about t$1million.I was called "disruptive" and "harassing" for asking questions about missing and wasted money and lack of results. These are all common patterns of abusive corrupt HOAs.
Unfortunately the HOA was taken over by a group of aggressive investors and has been a cash cow for the rogue Boards and property management in insidious ways. One of the key rogue players claims he is an ex Navy Seal and the property management companies and their attorneys are known for major malpractice behaviors. Network that works against condo owners on Oahu is presented here
One of the latest cases of corruption for financial gain was discussed here and is very similar to this case, however, in that case, the whistleblower is a military man, and although he was unfairly treated by the judge, it was resolved in his favor.
DETAILS:
Corruption in condo management means danger of losing property and constant high ownership costs, often passed onto tenants. Stand with Milica to Uphold Proper Business Practice, Reform Condo Boards and Change Housing Rights in Hawaii
Condo ownership has reputation for high costs and abuse. Each unit in a building pays into common funds managed by few, laws are often ignored and enforcement is difficult. A condominium building is treated as an independent business entity managed by a few owners on the Board of Directors and typically aided by a property management company. Each unit pays monthly dues and occasional extra payments. Corruption is rampant. Boards misuse common money to hire attorneys to threaten and sue whistleblowers. Owners can typically defend themselves only by hiring an attorney, which is costly and risky, given the corrupt legal and Court systems in cahoots with the extortion businesses.
Corruption can lead to losing your property and always results in improper high costs that continue to increase over time. Hawaii is one of the states with the highest percentage of corrupt Boards, one of the top two with highest monthly dues, and high extra payments are common. If you do not pay, you lose your condo. If you own a condo in Hawaii, you will likely pay your mortgage PLUS about $1,000 per month for monthly dues PLUS extra payments of tens of thousands of dollars, for example, each owner had to pay $20,000 in 40 days in Ms. Milica’s building under Associa HI in 2016.
In Hawaii, lobbying against protection of condo owners and extortion from condo owners by property management like Associa HI and their attorneys like Porter McGuire Kaikona is rather common, making it unsafe for business. “Oahu Condo Issues.” reports issues as in Milica’s case, for example article “Have complaints about your building? you may get slapped with paying for the building lawyers who fight against you” There is a long history of improper behavior by the same, for example improper non-judicial foreclosures in 2016 and turning small fines into huge attorney bills such as Warta case in 2022. Mainstream media in Hawaii is quiet about these issues.
Milica's brave decision to raise complaints against her condo management has triggered the management to sue her, revealing a web of mismanagement, threats, fraud, racketeering, and unfair legal process. Since 2010, Ms. Milica has been paying $587 to $1,026 per month for building dues. She also paid about $30,000 for her share of $403,000 unlawfully demanded extra payments for repairs. There was not much if any improvement to the property. In fact, the building management caused damages, embezzlement and waste. Ms. Milica exposed it. The building management retaliated by trying to take away Ms. Milica’s condo. Because of improper arbitration, legal and Judicial process in collusion with certain property management companies, law firms and insurance, the Court ruled in their favor. The case is in the appeals stage now.
It is an injustice to invest everything into buying a home, only to become a victim of exploitation. Moreover, it is intimidating to stand alone against a board that possesses significant financial resources, power, and influential connections, all working to suppress the voices of those who stand in their way to using condo owners as cash cows.
Arbitration, mediation, legal and Judicial processes in Hawaii are proven to be biased and behave in unconstitutional ways. They condemned Ms. Milica based on lawsuit without evidence, based on testimony without evidence, based on cutting out her critical claims and evidence, based on the building management’s irrelevant evidence used against the common law. Attorney general, Judicial committee, Bar disciplinary committee, Department of Consumer Affairs regulated industries office, Better Business Bureau, Prosecutor, and police are not helpful.
By speaking out and fighting for proper business, Milica risks losing not only her own condo but the condo management placed the burden of their attorney fees disguised as “increased maintenance fees” and prompted increased rent on all the building's tenants. These unjust costs add to the existing costs due to the corruption and will serve only to fill the pockets of a few corrupt owners, property management, and their attorneys.
The Hawaii racket needs to be brought to the attention of investors and homeowners globally. YOUR INVESTMENT IN HAWAII MIGHT BE AT GRAVE RISK. Even if you are an aggressive investor or illegal vacation rental owner, you likely lose about $1,000 per month to corruption.
I stand united with Milica in her fight for properly run business. A simple search of "corrupt condo management" on Google reveals a multitude of articles exposing the deep-rooted corruption enabling condo managers to engage in racketeering, money laundering, fraudulent payments, and kickbacks across the entire country. A lot of homeowners actually find themselves at the mercy of corrupt boards of directors who exploit homeowner funds and engage in unethical behavior — such as what is happening in Milica’s case.
When homeowners, such as Milica, attempt to confront this corruption, they often encounter insurmountable barriers, such as the inability to find or afford legal representation, leaving them with limited options for recourse. One of the few paths they face is the prospect of foreclosure, which only allows the property to fall into the hands of corrupt management, perpetuating a vicious cycle of exploitation and financial gain. Extorted condominiums are pursued by “investors” sent by people in the know.
Corruption is deeply entrenched in Hawaii to the detriment of local and remote investors. That is why we must speak up locally and from afar and change it now. Sign the petition and ask for change. Ask that the Court system examine Milica's evidence and not just take the word of certain law firms.
It is evident that we urgently need laws to safeguard homeowners and empower them to investigate and take action against corrupt boards of directors. There is a joint effort that includes prosecutors, elected officials, and state lawmakers to protect the millions of Floridians who are living in communities with condominium and homeowners associations. Why isnt't Hawaii following?
We must unite in support of Milica's quest for proper business because it is the quest of proper business and safety for ALL of us. It is not the first time extortion of property happened in Hawaii and if we do not stand up it will not be the last. Also, the law is influenced by past cases; If Milica is condemned, the law can quote it to condemn other owners too. The renters pay for the consequences. It is paramount that we stop this extortion.
Together, our voices can create a powerful force demanding the preservation of homeowners' rights and a proper reform of condo boards. Let us bring attention to these issues and advocate for legislative measures that protect homeowners and hold corrupt board members accountable so that this doesn’t happen to any other citizens in Hawaii!
Sign this petition to join us in standing with Milica, ensuring that the Court reads her evidence so that she can win her case, retain her condo, and that the Board members and property management are held accountable for their actions. Her case is in the appeals stage. Together, we can create a fair and transparent environment in accord with condo laws. We must protect homeowners, tenants and real estate investors. We must bring about the necessary reforms in condominium governance ensuring safe and proper business.
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The following summary of facts highlights the critical issues Milica and other homeowners have faced:
1. Takeover by investors: A group of remote and local investors bought most of the building around 2005 and held majority positions on the Board of Directors. They have managed the building improperly with the help of corrupt property management companies and attorneys ever since..
2. Improper special assessments in 2010, mismanagement and misinforming owners: A special assessment of $118,000 total for the septic system was issued without proper information and owner approval, violating condo laws. The building management falsely claimed a new septic injection well was dug, but it was an old well dug deeper.
3. Improper special assessments in 2016, mismanagement and misinforming owners: In 2016, a $225,000 special assessment issued without a proper Board meeting, documented vote and owner approval, violating condo laws. The building management lied about the assessment being in the operating budget and then lied that the assessment was an unforeseen emergency. Ms. Milica exposed these actions.
4. Threats and persecution: The building management used their attorney to threaten and silence Ms. Milica using false information.
They also started demanding her to redo her condo. Changes to the condo were made in 2002 and four owners were not forced to redo them. Fifteen years later, Ms. Milica bought the condo in 2017 and was promptly persecuted after she bought it, without any previous warning although she asked for any information about the condo.
5. Lack of repairs and financial transparency: Roughly: $225K repairs contract was issued, allegedly $225K collected from owners and $40K paid for deposit in 2016/2017. Despite collecting funds for supposed emergency repairs, the management did not perform significant repairs for about three years. The building management failed to provide evidence of funds collected and spent.
6. New property management and contract changes: In 2019, new property management Bryn James from All Community Management and a new Board president Tonya Grace Goldberg took over. They changed the special assessment contract without a proper Board meeting, documented vote and owner approval, violating condo laws. The building management mishandled roof installation and removal of solar panels and roof railing, charging excessive fees. They hid it from the owners for almost a year. Roughly, $225K contract was replaced with $80K contract but work worth estimated $10K was done on $40K deposit and botched. Thus about $175K was made available for any spending without asking owners for approval and about $30K embezzled. Ms. Milica exposed these actions and was promptly persecuted.
7. Lawsuit against Ms. Milica: The building management sued Ms. Milica, claiming unapproved changes to her condo caused damages and that she bought it knowing it is unapproved and has to be redone. However, there is no evidence for any of their claims. The changes were officially approved and documented in December 2010 and March 2018 and owners informed. The lawsuit was issued without a proper Board meeting and vote and was hidden from owners, violating condo laws
8. Unfair treatment of whistleblowers: Other units were modified without approval, but only Ms. Milica and one other homeowner who spoke up were persecuted. The building management committed fraud on another unit similar to Ms. Milica's (Unit 204) modified in 2004, 2008 and 2022, and other units owned by supporters. Since 2018, management and supporters modified six of their units (Units 101, 201, 203, 204, 302, 304) without consequences. The building management lies that those units are approved. Those units vote for them. The Arbitrator eliminated all Ms. Milica’s critical claims and evidence related to this paragraph.
9. Fraud and negligence: The building management wrongfully claim approved recent changes done by their supporters while suing Ms. Milica for similar changes done 15 years before her ownership. The building management has issued some requests to some targeted owners since January 2010 and then missed the deadline or failed to follow through. The other homeowner who spoke up lost her unit because she could not pay her $20K share of unlawful special assessment. Ms. Milica is the only owner who was consistently persecuted and sued. Suing was never approved and comes after Ms. Milica was told that her unit is approved to stay as-is. The Arbitrator eliminated all Ms. Milica’s critical claims and evidence related to this paragraph.
10. Unfair arbitration process: It is proven that the Arbitrator led a thoroughly biased arbitration process in collusion with the building management and their attorneys. The Arbitrator is an ex-Judge yet she ignored and misapplied the Law in many ways and violated her Arbitration contract and her agency rules. She assigned excessive attorney fees to Ms. Milica, out of which $133,653 is against the law. She wrongly eliminated Ms. Milica's critical evidence and claims. She ruled against Ms. Milica quoting building testimonies without evidence, made up false facts and falsely introduced unrelated topics. The Arbitrator violated the Law by accepting improper evidence that Ms. Milica is a “bad person” and using it to justify or ignore all building side violations and to ignore all Ms. Milica’s evidence. The Arbitrator based her ruling on made-up false facts, mostly copied from building attorneys, demonstrating failure to check official documents. Supposedly neutral Arbitrator acted as an obviously partial, unethical and unlawful advocate / attorney on behalf of the building management.
11. Extortion and financial burden: The building management seeks to extort money from Ms. Milica, assigning overbloated attorney fees that amount to the price of her condo. The arbitrator did not allow objections to attorney fees, allowed the building to use multiple attorneys and unlawfully maximized their payout. Ms. Milica has already been paying the building attorneys and that fact is ignored.
12. Neglected maintenance and unlawful/illegal activities: The building management collected substantial funds without proper approval, neglected maintenance, mishandled the septic system and the roof, and engaged in unlawful operations in violation of condo and other laws for over 20 years. Illicit activities also include illegal short term rentals, financial embezzlement and shenanigans in collusion between Board members, building caretakers and property manager. Lorne Jackson and Trent Call have been the key players since 2005 and Bryn James since 2019. Lorne Jackson claims he is ex-Navy Seal petty officer of 25 years. Navy should be alerted. Trent Call was convicted illegal vacation rental owner. Bryn James testified to major violations. The Arbitrator ignored admissions of building management and any evidence of their violations.
13. Racketeering organization. All building witnesses are involved in the unlawful activities outlined in all previous points. They have been either a part of building management in violation or a supporter. They vote for each other and also get votes from all owners whose unapproved modified units are protected. This protected group happens to be half of all owners. The supporters openly state that they see no problem with building operations, illegal short term rentals or money shenanigans, because they did not pay into $225K special assessment and are just benefiting from improperly used funds. Four owners who performed unapproved modifications falsely testified for the building management, and one such owner wrote a declaration without evidence for the lawsuit. All building witnesses were caught in significant perjury, deceit and fraud and their credibility is questionable.
14. Reputation of building law firms and property management companies: Building law firms have a reputation for engaging in unethical and illegal activities, including improper foreclosures and extortion. Such law firms operate under building property management companies also known for violations. Both are famous for testifying and lobbying against protecting condo owners. Some of their latest wrongdoings are posted online “Oahu Condo Issues.”
15. Collusion and misconduct: Evidence suggests collusion between the building, their attorneys, arbitrator, and court system. The arbitrator ran the process with bias, ruled based on false testimony without evidence, ignored / refused / struck documentary evidence, made up erroneous facts, ignored and violated the law. The Court rubber stamps arbitration rulings proven to be invalid. The court’s behavior indicates that the Court relies on the word of the building's attorneys without reviewing crucial evidence.
17. Injustice and unfair rulings: The arbitration process was won by fraud and corruption. The court system failed to consider Ms. Milica's evidence and imposed a substantial financial burden on her within 30 days, ignoring the invalidity of the arbitration process. Judges take AOAO attorneys word without evidence and allowed AOAO attorneys to collect $165K from building owners in addition to about $100K already collected in addition to $277,311 from Milica, making their payoff whopping $ 540K for a "simple case of changed windows." Their track record is full of such extortions.
18. “Priced out of Paradise” effect: The costs of such illegal lawsuits, extortion from condo owners and shady building operation causes increased monthly dues and occasional large payments demanded from condo owners. The cost is passed onto tenants. The rent is astronomically increased to unaffordable levels, pushing condo owners into illegal vacation rentals and housing shortage for local residents. The negative cycle is fueled by illegal vacation rental owners, who typically support corruption that harms honest owners and all tenants.
The case is being re-examined in the appellate process and it is imperative that Ms. Milica’s evidence be properly examined and the case fairly ruled on. Together, we can amplify the voices of those affected by predatory extortions, unjust evictions and unaffordable housing in Hawaii.
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By signing this petition, we demand:
1 A fair and unbiased reassessment of the lawsuit against Milica Barjaktarovic, considering all available evidence and ensuring a just resolution.
2 Transparency and accountability from the building management, including an independent audit of the collected funds, adherence to maintenance obligations, and the rectification of any unlawful operations.
3 An immediate investigation into the alleged collusion between the building and the court system, ensuring that due process is upheld and discriminatory practices are eradicated.
4 Comprehensive reform of building law firms and their practices, with stricter regulations to prevent predatory behavior and protect the rights of condo owners.
Let us come together as a community to safeguard the rights of residents and preserve the beauty and fairness of Hawaii and all nation. By signing this petition and sharing it widely, we can make a collective impact and bring about the change we deserve. Join us in ensuring that no one is subject to extortion, losing tenancy or property in overpriced paradise. Together, we can build a brighter future for all.
#HawaiiHousingJustice #ProtectOurHomes #ProtectCondoOwners #ProtectOurRealEstateInvestment #ProtectTenants #ProtectHawaiiResidents#PricedOutOfParadise #pricedOut #CondoLaw #condoowners #corruption #hawaii #realestate #realestateinvesting #realtor #realestateexpert #realtor #RealEstateInvestor #realestategoals #realestatetips #realestateagent #realestateinvesting #realestatetips #realestategoals #realestateexpert #navyseals #navy #insurance #CondoLiving #condos #condominium #condominiuminvestment #condominiumforsale #condomanagement
Disclaimer: everything here is posted on Judicial e-site regarding this lawsuit.
SPECIFIC EXAMPLE #1: To better understand how brazen Hawaii corruption is, let us look at some examples of racket that actually happened in Hawaii in this case. All numbers are rounded rough approximations.
16 solar panels (9 bought new in 2012 for $20K) were taken from the roof by the property manager in 2020, without approval (in plain English. he stole them.) Furthermore he charged the building $20K for removal and additional $10K to install hot water heaters, raising the building electric bill. He is a licensed bonded real estate broker. Who do you think will hold the manager accountable?
Police says the panels are common property so all 12 owners have to file a report. Police ignores the fact that some of the owners collaborated with the manager. Prosecutor says it is civil matter and prosecutor deals only with criminal matter. Department of Consumer Affairs Regulated Industries says that a scrambled handwritten note by property manager saying he got approval is a valid proof of approval although condo law requires a proper Board meeting, vote and meeting minutes. Building sues the owner who exposed this. Insurance hires unethical attorneys to defend the building. Case goes to arbitration. The Arbitrator ignores property manager testimony admitting that he took the solar panels without approval. Building attorneys write lies in their briefs and arbitrator copes and condemns the whistleblower to pay huge attorney fees. Judges of circuit and appellate court say that arbitrators are allowed to make mistakes and that the building attorneys are entitled to getting paid... and rubberstamp the wrong ruling of the arbitrator. Attorney general says it is not her job to deal with private trials. Bar Disciplinary committee and BBB say the owner cannot make complaints against building attorneys because the owner did not hire them; The whistleblower might hire a defense attorney, but it is likely the defense attorney will cave in to the pressure from the above and give up or anyways lose to the privileged. The whistleblower is charged to pay huge attorney fees and lose his/her condo, building management will continue to steal, and attorneys and Judges stay on friendly terms. Meanwhile, owners who depend on building management’s favors do not care for missing money and vote for building management, but are stuck with attorney fees as well and told by the property manager to raise the rent for $360/month.
SPECIFIC EXAMPLE #2: To better illustrate the extent of corruption, let us look at the scam of 2016-2019 that is the cause of this lawsuit All numbers are rough approximation.
225K notice of special assessment and demand to pay was issued to owners in 2016, and contract with repairs company was issued in 2017, all without approval of owners and initially without approval of Board. Associa HI was the property management company and was extremely unethical and improper. Allegedly $225K was collected from 12 owners, which is not true, since Hoyes Unit 204 alone had a lien for their non-paying from 2017 to 2022. Owners who paid, paid about $20K. Deposit of $40K was paid for $65K roof. It was collected under lies and threat that it was emergency yet no significant work was done for about 3 years. The owners never saw the contract. They saw a proposal signed by AOAO president, not signed by construction company. The owners never saw accounting about assessment money.
In 2019 the current manager and new Board president took over (Bryn James and Tonya Grace Goldberg, who sued me). Hidden from owners and without official proper approval of the Board as required by condo laws, they replaced the old $225K contract with the new $80K contract.. That means that there was $225-$80= $145K of collected funds not associated with any current contract. The owners should have voted how to re-allocate the money, but they were never asked to. The Board freely spent the money on anything they wanted instead of repairs dictated by the contract used to collect the money. The testified they were going to spend the entire amount. There is evidence that they were involved in skimming on other repairs and would not be surprising that this project also involved skimming.
Even more money was saved for the "freely spent" portion. The building management did not pay a dime for the new roof and installed the new roof on $40K deposit from 2017. Furthermore, they actually installed roof worth estimated $10K, the cheapest Henry material roll-on, and incorrectly. That means estimated $30K of the deposit was not used for actual roof installation. So where did $30K difference go? it did not come back to the building money. It must have ended up in some pockets. We can only guess that $30K was likely split between roofers and building. Also, the building now had $40K more, total of $185K, to be freely spent. Furthermore, the building used to have a separate reserves fund of about $40K, as required by law, and that too, was rolled into operating funds account and used for free spending. There is absolutely no accounting shown about the assessment money. Supposedly, now there is only about $26K left from $225K but the cost of some repairs done does not match that number. Where did the money go?
$225K assessment was paid by the old set of owners. By 2020, almost all those owners left and new owners came in. The new ones wrote they do not care that the contract for $225K was not honored. They only care that there is about $200K of building money to be freely spent so that means they do not have to pay any additional money for needed repairs. They vote for the Board that is treating building finances improperly. Thus, the new owners supported and enabled this scam and are responsible for it. When we had a chance to remove the wrongdoers by proper election, one vote was needed and one of those new owners voted for them and kept them in power. The whole scam is white collar crime and whoever reads about it is totally appalled. Arbitrator and Judges apparently have not read it yet or else they would react differently.
Whoever exposed this scam, gets labeled as rude and is persecuted, and in my case, sued for bogus stuff without any evidence - windows on my unit changed 15 years before I owned it, while the building has SIX other units modified without approval by the building management and supporters since 2018.
225K notice of special assessment and demand to pay was issued to owners in 2016, and contract with repairs company was issued in 2017, all without approval of owners and initially without approval of Board. Associa HI was the property management company and was extremely unethical and improper. Allegedly $225K was collected from 12 owners, which is not true, since Hoyes Unit 204 alone had a lien for their non-paying from 2017 to 2022. Owners who paid, paid about $20K. Deposit of $40K was paid for $65K roof. It was collected under lies and threat that it was emergency yet no significant work was done for about 3 years. The owners never saw the contract. They saw a proposal signed by AOAO president, not signed by construction company. The owners never saw accounting about assessment money.
In 2019 the current manager and new Board president took over (Bryn James and Tonya Grace Goldberg, who sued me). Hidden from owners and without official proper approval of the Board as required by condo laws, they replaced the old $225K contract with the new $80K contract.. That means that there was $225-$80= $145K of collected funds not associated with any current contract. The owners should have voted how to re-allocate the money, but they were never asked to. The Board freely spent the money on anything they wanted instead of repairs dictated by the contract used to collect the money. The testified they were going to spend the entire amount. There is evidence that they were involved in skimming on other repairs and would not be surprising that this project also involved skimming.
Even more money was saved for the "freely spent" portion. The building management did not pay a dime for the new roof and installed the new roof on $40K deposit from 2017. Furthermore, they actually installed roof worth estimated $10K, the cheapest Henry material roll-on, and incorrectly. That means estimated $30K of the deposit was not used for actual roof installation. So where did $30K difference go? it did not come back to the building money. It must have ended up in some pockets. We can only guess that $30K was likely split between roofers and building. Also, the building now had $40K more, total of $185K, to be freely spent. Furthermore, the building used to have a separate reserves fund of about $40K, as required by law, and that too, was rolled into operating funds account and used for free spending. There is absolutely no accounting shown about the assessment money. Supposedly, now there is only about $26K left from $225K but the cost of some repairs done does not match that number. Where did the money go?
$225K assessment was paid by the old set of owners. By 2020, almost all those owners left and new owners came in. The new ones wrote they do not care that the contract for $225K was not honored. They only care that there is about $200K of building money to be freely spent so that means they do not have to pay any additional money for needed repairs. They vote for the Board that is treating building finances improperly. Thus, the new owners supported and enabled this scam and are responsible for it. When we had a chance to remove the wrongdoers by proper election, one vote was needed and one of those new owners voted for them and kept them in power. The whole scam is white collar crime and whoever reads about it is totally appalled. Arbitrator and Judges apparently have not read it yet or else they would react differently.
Whoever exposed this scam, gets labeled as rude and is persecuted, and in my case, sued for bogus stuff without any evidence - windows on my unit changed 15 years before I owned it, while the building has SIX other units modified without approval by the building management and supporters since 2018.
SPECIFIC EXAMPLE #3: To better understand how brazen and systemic Hawaii corruption is, let us look at the example of collusion with the Court. All numbers are rounded rough approximations.
The building attorneys claim they spent $278K of their time and other costs to sue me for this so i have to pay them their attorney fees and costs because they "won" using fraud and corruption.
Meanwhile, the building management issued two more special assessments, $60K and $105K in 2020 and 2023 to cover attorney costs related to this lawsuit, and all owners are paying their share. At least $60K is certain to be for the same portion that I would be paying too. In other words, double dipping. $105K must be an overlap too. Building attorney Kapono Kaikona lied in writing that this money is for "previous attorney bills." So far building attorneys are proven to have lied a lot. Building attorneys already collected $57,694 plus hidden amounts, estimated total of $87,694 from all owners, and so far collected $45K as extra payments and keep on collecting about $45K per year, and they plan to collect directly from Ms. Milica. In other words, they are 4x dipping and turned $278K ruling in their favor into payment of $278K + 87K + $60K + 105K plus more. It is quite doubtful that any money would be returned to owners if and when Ms. Milica pays them.
So the attorneys plan on getting paid sums like $530K and more for a "simple lawsuit about changed windows" and although they claim that I "have no evidence." Judge refused to look at my evidence proving this. The Judge took testimony of building attorney without evidence, refused to examine my evidence, and called me rude for exposing it.
This case is a racket. The whole world needs to know about it.
One of the key wrongdoers testified under oath to be ex Navy Seal, petty officer for 25 years. Is this what Navy Seal training is used for? First of all, is it true that this person was a Seal.
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The Issue
SUMMARY:
I am a condo owner and whistlebllower in a corrupt HOA (homeowners association). To shut me up, the HOA sued me under bogus excuses and won by testimony without evidence, fraud, perjury, cutting out my evidence, and collusion with the legal/judiciary/arbitration systems, and now has court ruling to collect $280K from me which means to take away my condo. The HOA retaliated against me for exposing their illegalities, embezzlement, waste and other misconduct that benefits the rogue Board members, property management and their attorneys. Hawaii legal and judicial system is corrupt, does not enforce condo laws and even endorses unlawful and unconstitutional behaviors. Attorney General, Judicial Misconduct, Bar Disciplinary Committee and Regulated Industries of Department of Commerce and Consumer Affairs do not take action to stop this and may even defend the rogues and/or attack the whistleblowers.. Legislators work for property management companies and their law firms and are heavily lobbied. In short, Hawaii is a dangerous place to do real estate business. The current owners are used as cash cows, and there is always search for new victims.
This is the visual of the lawsuit
and the image showing HOA fraud (This is lawsuit exhibit from HOA, with my comments in white letters)
So I have gone through the hell of organized systemic corruption. First, I was condemned in a biased arbitration that was endorsed by the Circuit Court and Appellate Court. A corrupt arbitrator in brazen disregard for law, cut practically all my evidence, ignored HOA admissions of violations, in brazen collusion copied made-up false facts that HOA attorneys brazenly stated in stark conflict with official documents, and used harassment against me, to name a few of many arbitrator's misconducts. Corrupt Court. Circuit court stated that an arbitrator is allowed to make mistakes, implying that 100% mistakes is still a legitimate ruling, so Circuit Court did not even look at the evidence showing that the arbitration process and ruling are practically 100% improper and unconstitutional This is against the law, as Circuit Court is supposed to check if arbitrator did a proper job. Without such checks, arbitrators would be allowed to run amok. .Circuit Court also ignored that the HOA attorneys lied numerous times to the Court about very significant facts and even reprimanded me for bringing it up and showing proofs. Arbitrator, Circuit Court and Appellate Court did not look a my evidence Appellate Court openly insists that the HOA lawyers get paid i.e. take my condo.
In short, this is an organized extortion, a biased trial against me, use of perjury and fraud to win the case, in a blatant demonstration of attorney malpractice, judicial misconduct, and government turning a blind eye to it. Furthermore, allowing this case to end in favor of the rogues means that Hawaii allows arbitrators to make 100% mistakes, allows Circuit Court to not check if arbitrators are following the law, and allows Appellate Court to wash their hands of any responsibility to check on the Circuit Court. In short, this is LEGALIZED SYSTEMIC CORRUPTION.
It is well known that rogue HOAs silence whistleblowers. Typical strategies incliude ignoring requests for proper HOA operation, intimidation by calling whistleblowers "disruptive" and using HOA attorneys to threaten, selective enforcement, retaliation by refusing service to whistleblowers' units, causing problems, issuing fines, and suing whistleblowers. All of that was done to me. My units were left unrepaired and leaking for years and still are, so I have to charge less rent. I got HOA attorney letter asking me to stop posting to the community about unapproved $225K special assessment and the attorney used fraudulent information to justify that letter. My request to obtain financials not provided for more than a year was ignored and I was issued HOA attorney letter that I must not contact the Board or ask questions. I was sued after I got some (but not all requested) financials and documents through Department of Consumer Affairs. I exposed misconduct, waste and theft regarding the new roof installation and spending the assessment money without approval. for things that were not in the special assessment and without informing owners. The corrupt Board, property management, their attorneys, Arbitration and Court system in Hawaii endorses this and considers I was "rude and disruptive" by requesting financials not provided for years and which should be provided every month, for requesting stop of illegal vacation rentals done by the Board members and their supporters, and other such requests which are unwelcome in any corrupt HOA. This particular HOA has a history of supporting illegal vacation rentals and causing HOA abuse to protect that. This particular HOA has a history of skimming, unapproved special assessments, and wasted money without repairs.
In my case, additional twist was used to justify HOA's misconduct. Social engineering was used to play on stereotypes and biases against women and immigrants, which I am, and to bully me in a "parade of shame", degrade me and justify HOAs lack of performance in following their duties. Using such excuses is against the established principles of Hawaii law. (It makes sense to any lay person, as there are comparable situations in daily life, for example an alcoholic / cheater/ gambling / drug addict husband blaming his wife for his addictions "because she nags him too much" and then proceeding to beat her up. The public is likely to blame the woman because of inherent societal sexism, especially prevalent in predominantly Asian/Polynesian Hawaii.) Even more insidiously, the rogues used this kind of bullying to justify not examining any documentary and official evidence provided by me, to justify HOA's testimony without evidence and to skip checking that HOA provided "facts" are in stark contrast with the official documents.
The evidence that Arbitrator and Courts failed to examine is significant in content, gravity and volume. When printed out, it is a box of papers and there is even more. The evidence shows that I was promptly silenced, persecuted and then sued without evidence for bogus "violations" as soon as I exposed illegalities and improprieties of the corrupt HOA. The HOA violations are too numerous to list here, and include not following required condo laws, selective enforcement and different treatment of different owners (favors to friends and retaliation to critics), several huge unapproved special assessments that did not provide results, embezzlement, waste, botched roof installation and missing roof railing and solar panels, total close to about t$1million.I was called "disruptive" and "harassing" for asking questions about missing and wasted money and lack of results. These are all common patterns of abusive corrupt HOAs.
Unfortunately the HOA was taken over by a group of aggressive investors and has been a cash cow for the rogue Boards and property management in insidious ways. One of the key rogue players claims he is an ex Navy Seal and the property management companies and their attorneys are known for major malpractice behaviors. Network that works against condo owners on Oahu is presented here
One of the latest cases of corruption for financial gain was discussed here and is very similar to this case, however, in that case, the whistleblower is a military man, and although he was unfairly treated by the judge, it was resolved in his favor.
DETAILS:
Corruption in condo management means danger of losing property and constant high ownership costs, often passed onto tenants. Stand with Milica to Uphold Proper Business Practice, Reform Condo Boards and Change Housing Rights in Hawaii
Condo ownership has reputation for high costs and abuse. Each unit in a building pays into common funds managed by few, laws are often ignored and enforcement is difficult. A condominium building is treated as an independent business entity managed by a few owners on the Board of Directors and typically aided by a property management company. Each unit pays monthly dues and occasional extra payments. Corruption is rampant. Boards misuse common money to hire attorneys to threaten and sue whistleblowers. Owners can typically defend themselves only by hiring an attorney, which is costly and risky, given the corrupt legal and Court systems in cahoots with the extortion businesses.
Corruption can lead to losing your property and always results in improper high costs that continue to increase over time. Hawaii is one of the states with the highest percentage of corrupt Boards, one of the top two with highest monthly dues, and high extra payments are common. If you do not pay, you lose your condo. If you own a condo in Hawaii, you will likely pay your mortgage PLUS about $1,000 per month for monthly dues PLUS extra payments of tens of thousands of dollars, for example, each owner had to pay $20,000 in 40 days in Ms. Milica’s building under Associa HI in 2016.
In Hawaii, lobbying against protection of condo owners and extortion from condo owners by property management like Associa HI and their attorneys like Porter McGuire Kaikona is rather common, making it unsafe for business. “Oahu Condo Issues.” reports issues as in Milica’s case, for example article “Have complaints about your building? you may get slapped with paying for the building lawyers who fight against you” There is a long history of improper behavior by the same, for example improper non-judicial foreclosures in 2016 and turning small fines into huge attorney bills such as Warta case in 2022. Mainstream media in Hawaii is quiet about these issues.
Milica's brave decision to raise complaints against her condo management has triggered the management to sue her, revealing a web of mismanagement, threats, fraud, racketeering, and unfair legal process. Since 2010, Ms. Milica has been paying $587 to $1,026 per month for building dues. She also paid about $30,000 for her share of $403,000 unlawfully demanded extra payments for repairs. There was not much if any improvement to the property. In fact, the building management caused damages, embezzlement and waste. Ms. Milica exposed it. The building management retaliated by trying to take away Ms. Milica’s condo. Because of improper arbitration, legal and Judicial process in collusion with certain property management companies, law firms and insurance, the Court ruled in their favor. The case is in the appeals stage now.
It is an injustice to invest everything into buying a home, only to become a victim of exploitation. Moreover, it is intimidating to stand alone against a board that possesses significant financial resources, power, and influential connections, all working to suppress the voices of those who stand in their way to using condo owners as cash cows.
Arbitration, mediation, legal and Judicial processes in Hawaii are proven to be biased and behave in unconstitutional ways. They condemned Ms. Milica based on lawsuit without evidence, based on testimony without evidence, based on cutting out her critical claims and evidence, based on the building management’s irrelevant evidence used against the common law. Attorney general, Judicial committee, Bar disciplinary committee, Department of Consumer Affairs regulated industries office, Better Business Bureau, Prosecutor, and police are not helpful.
By speaking out and fighting for proper business, Milica risks losing not only her own condo but the condo management placed the burden of their attorney fees disguised as “increased maintenance fees” and prompted increased rent on all the building's tenants. These unjust costs add to the existing costs due to the corruption and will serve only to fill the pockets of a few corrupt owners, property management, and their attorneys.
The Hawaii racket needs to be brought to the attention of investors and homeowners globally. YOUR INVESTMENT IN HAWAII MIGHT BE AT GRAVE RISK. Even if you are an aggressive investor or illegal vacation rental owner, you likely lose about $1,000 per month to corruption.
I stand united with Milica in her fight for properly run business. A simple search of "corrupt condo management" on Google reveals a multitude of articles exposing the deep-rooted corruption enabling condo managers to engage in racketeering, money laundering, fraudulent payments, and kickbacks across the entire country. A lot of homeowners actually find themselves at the mercy of corrupt boards of directors who exploit homeowner funds and engage in unethical behavior — such as what is happening in Milica’s case.
When homeowners, such as Milica, attempt to confront this corruption, they often encounter insurmountable barriers, such as the inability to find or afford legal representation, leaving them with limited options for recourse. One of the few paths they face is the prospect of foreclosure, which only allows the property to fall into the hands of corrupt management, perpetuating a vicious cycle of exploitation and financial gain. Extorted condominiums are pursued by “investors” sent by people in the know.
Corruption is deeply entrenched in Hawaii to the detriment of local and remote investors. That is why we must speak up locally and from afar and change it now. Sign the petition and ask for change. Ask that the Court system examine Milica's evidence and not just take the word of certain law firms.
It is evident that we urgently need laws to safeguard homeowners and empower them to investigate and take action against corrupt boards of directors. There is a joint effort that includes prosecutors, elected officials, and state lawmakers to protect the millions of Floridians who are living in communities with condominium and homeowners associations. Why isnt't Hawaii following?
We must unite in support of Milica's quest for proper business because it is the quest of proper business and safety for ALL of us. It is not the first time extortion of property happened in Hawaii and if we do not stand up it will not be the last. Also, the law is influenced by past cases; If Milica is condemned, the law can quote it to condemn other owners too. The renters pay for the consequences. It is paramount that we stop this extortion.
Together, our voices can create a powerful force demanding the preservation of homeowners' rights and a proper reform of condo boards. Let us bring attention to these issues and advocate for legislative measures that protect homeowners and hold corrupt board members accountable so that this doesn’t happen to any other citizens in Hawaii!
Sign this petition to join us in standing with Milica, ensuring that the Court reads her evidence so that she can win her case, retain her condo, and that the Board members and property management are held accountable for their actions. Her case is in the appeals stage. Together, we can create a fair and transparent environment in accord with condo laws. We must protect homeowners, tenants and real estate investors. We must bring about the necessary reforms in condominium governance ensuring safe and proper business.
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The following summary of facts highlights the critical issues Milica and other homeowners have faced:
1. Takeover by investors: A group of remote and local investors bought most of the building around 2005 and held majority positions on the Board of Directors. They have managed the building improperly with the help of corrupt property management companies and attorneys ever since..
2. Improper special assessments in 2010, mismanagement and misinforming owners: A special assessment of $118,000 total for the septic system was issued without proper information and owner approval, violating condo laws. The building management falsely claimed a new septic injection well was dug, but it was an old well dug deeper.
3. Improper special assessments in 2016, mismanagement and misinforming owners: In 2016, a $225,000 special assessment issued without a proper Board meeting, documented vote and owner approval, violating condo laws. The building management lied about the assessment being in the operating budget and then lied that the assessment was an unforeseen emergency. Ms. Milica exposed these actions.
4. Threats and persecution: The building management used their attorney to threaten and silence Ms. Milica using false information.
They also started demanding her to redo her condo. Changes to the condo were made in 2002 and four owners were not forced to redo them. Fifteen years later, Ms. Milica bought the condo in 2017 and was promptly persecuted after she bought it, without any previous warning although she asked for any information about the condo.
5. Lack of repairs and financial transparency: Roughly: $225K repairs contract was issued, allegedly $225K collected from owners and $40K paid for deposit in 2016/2017. Despite collecting funds for supposed emergency repairs, the management did not perform significant repairs for about three years. The building management failed to provide evidence of funds collected and spent.
6. New property management and contract changes: In 2019, new property management Bryn James from All Community Management and a new Board president Tonya Grace Goldberg took over. They changed the special assessment contract without a proper Board meeting, documented vote and owner approval, violating condo laws. The building management mishandled roof installation and removal of solar panels and roof railing, charging excessive fees. They hid it from the owners for almost a year. Roughly, $225K contract was replaced with $80K contract but work worth estimated $10K was done on $40K deposit and botched. Thus about $175K was made available for any spending without asking owners for approval and about $30K embezzled. Ms. Milica exposed these actions and was promptly persecuted.
7. Lawsuit against Ms. Milica: The building management sued Ms. Milica, claiming unapproved changes to her condo caused damages and that she bought it knowing it is unapproved and has to be redone. However, there is no evidence for any of their claims. The changes were officially approved and documented in December 2010 and March 2018 and owners informed. The lawsuit was issued without a proper Board meeting and vote and was hidden from owners, violating condo laws
8. Unfair treatment of whistleblowers: Other units were modified without approval, but only Ms. Milica and one other homeowner who spoke up were persecuted. The building management committed fraud on another unit similar to Ms. Milica's (Unit 204) modified in 2004, 2008 and 2022, and other units owned by supporters. Since 2018, management and supporters modified six of their units (Units 101, 201, 203, 204, 302, 304) without consequences. The building management lies that those units are approved. Those units vote for them. The Arbitrator eliminated all Ms. Milica’s critical claims and evidence related to this paragraph.
9. Fraud and negligence: The building management wrongfully claim approved recent changes done by their supporters while suing Ms. Milica for similar changes done 15 years before her ownership. The building management has issued some requests to some targeted owners since January 2010 and then missed the deadline or failed to follow through. The other homeowner who spoke up lost her unit because she could not pay her $20K share of unlawful special assessment. Ms. Milica is the only owner who was consistently persecuted and sued. Suing was never approved and comes after Ms. Milica was told that her unit is approved to stay as-is. The Arbitrator eliminated all Ms. Milica’s critical claims and evidence related to this paragraph.
10. Unfair arbitration process: It is proven that the Arbitrator led a thoroughly biased arbitration process in collusion with the building management and their attorneys. The Arbitrator is an ex-Judge yet she ignored and misapplied the Law in many ways and violated her Arbitration contract and her agency rules. She assigned excessive attorney fees to Ms. Milica, out of which $133,653 is against the law. She wrongly eliminated Ms. Milica's critical evidence and claims. She ruled against Ms. Milica quoting building testimonies without evidence, made up false facts and falsely introduced unrelated topics. The Arbitrator violated the Law by accepting improper evidence that Ms. Milica is a “bad person” and using it to justify or ignore all building side violations and to ignore all Ms. Milica’s evidence. The Arbitrator based her ruling on made-up false facts, mostly copied from building attorneys, demonstrating failure to check official documents. Supposedly neutral Arbitrator acted as an obviously partial, unethical and unlawful advocate / attorney on behalf of the building management.
11. Extortion and financial burden: The building management seeks to extort money from Ms. Milica, assigning overbloated attorney fees that amount to the price of her condo. The arbitrator did not allow objections to attorney fees, allowed the building to use multiple attorneys and unlawfully maximized their payout. Ms. Milica has already been paying the building attorneys and that fact is ignored.
12. Neglected maintenance and unlawful/illegal activities: The building management collected substantial funds without proper approval, neglected maintenance, mishandled the septic system and the roof, and engaged in unlawful operations in violation of condo and other laws for over 20 years. Illicit activities also include illegal short term rentals, financial embezzlement and shenanigans in collusion between Board members, building caretakers and property manager. Lorne Jackson and Trent Call have been the key players since 2005 and Bryn James since 2019. Lorne Jackson claims he is ex-Navy Seal petty officer of 25 years. Navy should be alerted. Trent Call was convicted illegal vacation rental owner. Bryn James testified to major violations. The Arbitrator ignored admissions of building management and any evidence of their violations.
13. Racketeering organization. All building witnesses are involved in the unlawful activities outlined in all previous points. They have been either a part of building management in violation or a supporter. They vote for each other and also get votes from all owners whose unapproved modified units are protected. This protected group happens to be half of all owners. The supporters openly state that they see no problem with building operations, illegal short term rentals or money shenanigans, because they did not pay into $225K special assessment and are just benefiting from improperly used funds. Four owners who performed unapproved modifications falsely testified for the building management, and one such owner wrote a declaration without evidence for the lawsuit. All building witnesses were caught in significant perjury, deceit and fraud and their credibility is questionable.
14. Reputation of building law firms and property management companies: Building law firms have a reputation for engaging in unethical and illegal activities, including improper foreclosures and extortion. Such law firms operate under building property management companies also known for violations. Both are famous for testifying and lobbying against protecting condo owners. Some of their latest wrongdoings are posted online “Oahu Condo Issues.”
15. Collusion and misconduct: Evidence suggests collusion between the building, their attorneys, arbitrator, and court system. The arbitrator ran the process with bias, ruled based on false testimony without evidence, ignored / refused / struck documentary evidence, made up erroneous facts, ignored and violated the law. The Court rubber stamps arbitration rulings proven to be invalid. The court’s behavior indicates that the Court relies on the word of the building's attorneys without reviewing crucial evidence.
17. Injustice and unfair rulings: The arbitration process was won by fraud and corruption. The court system failed to consider Ms. Milica's evidence and imposed a substantial financial burden on her within 30 days, ignoring the invalidity of the arbitration process. Judges take AOAO attorneys word without evidence and allowed AOAO attorneys to collect $165K from building owners in addition to about $100K already collected in addition to $277,311 from Milica, making their payoff whopping $ 540K for a "simple case of changed windows." Their track record is full of such extortions.
18. “Priced out of Paradise” effect: The costs of such illegal lawsuits, extortion from condo owners and shady building operation causes increased monthly dues and occasional large payments demanded from condo owners. The cost is passed onto tenants. The rent is astronomically increased to unaffordable levels, pushing condo owners into illegal vacation rentals and housing shortage for local residents. The negative cycle is fueled by illegal vacation rental owners, who typically support corruption that harms honest owners and all tenants.
The case is being re-examined in the appellate process and it is imperative that Ms. Milica’s evidence be properly examined and the case fairly ruled on. Together, we can amplify the voices of those affected by predatory extortions, unjust evictions and unaffordable housing in Hawaii.
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By signing this petition, we demand:
1 A fair and unbiased reassessment of the lawsuit against Milica Barjaktarovic, considering all available evidence and ensuring a just resolution.
2 Transparency and accountability from the building management, including an independent audit of the collected funds, adherence to maintenance obligations, and the rectification of any unlawful operations.
3 An immediate investigation into the alleged collusion between the building and the court system, ensuring that due process is upheld and discriminatory practices are eradicated.
4 Comprehensive reform of building law firms and their practices, with stricter regulations to prevent predatory behavior and protect the rights of condo owners.
Let us come together as a community to safeguard the rights of residents and preserve the beauty and fairness of Hawaii and all nation. By signing this petition and sharing it widely, we can make a collective impact and bring about the change we deserve. Join us in ensuring that no one is subject to extortion, losing tenancy or property in overpriced paradise. Together, we can build a brighter future for all.
#HawaiiHousingJustice #ProtectOurHomes #ProtectCondoOwners #ProtectOurRealEstateInvestment #ProtectTenants #ProtectHawaiiResidents#PricedOutOfParadise #pricedOut #CondoLaw #condoowners #corruption #hawaii #realestate #realestateinvesting #realtor #realestateexpert #realtor #RealEstateInvestor #realestategoals #realestatetips #realestateagent #realestateinvesting #realestatetips #realestategoals #realestateexpert #navyseals #navy #insurance #CondoLiving #condos #condominium #condominiuminvestment #condominiumforsale #condomanagement
Disclaimer: everything here is posted on Judicial e-site regarding this lawsuit.
SPECIFIC EXAMPLE #1: To better understand how brazen Hawaii corruption is, let us look at some examples of racket that actually happened in Hawaii in this case. All numbers are rounded rough approximations.
16 solar panels (9 bought new in 2012 for $20K) were taken from the roof by the property manager in 2020, without approval (in plain English. he stole them.) Furthermore he charged the building $20K for removal and additional $10K to install hot water heaters, raising the building electric bill. He is a licensed bonded real estate broker. Who do you think will hold the manager accountable?
Police says the panels are common property so all 12 owners have to file a report. Police ignores the fact that some of the owners collaborated with the manager. Prosecutor says it is civil matter and prosecutor deals only with criminal matter. Department of Consumer Affairs Regulated Industries says that a scrambled handwritten note by property manager saying he got approval is a valid proof of approval although condo law requires a proper Board meeting, vote and meeting minutes. Building sues the owner who exposed this. Insurance hires unethical attorneys to defend the building. Case goes to arbitration. The Arbitrator ignores property manager testimony admitting that he took the solar panels without approval. Building attorneys write lies in their briefs and arbitrator copes and condemns the whistleblower to pay huge attorney fees. Judges of circuit and appellate court say that arbitrators are allowed to make mistakes and that the building attorneys are entitled to getting paid... and rubberstamp the wrong ruling of the arbitrator. Attorney general says it is not her job to deal with private trials. Bar Disciplinary committee and BBB say the owner cannot make complaints against building attorneys because the owner did not hire them; The whistleblower might hire a defense attorney, but it is likely the defense attorney will cave in to the pressure from the above and give up or anyways lose to the privileged. The whistleblower is charged to pay huge attorney fees and lose his/her condo, building management will continue to steal, and attorneys and Judges stay on friendly terms. Meanwhile, owners who depend on building management’s favors do not care for missing money and vote for building management, but are stuck with attorney fees as well and told by the property manager to raise the rent for $360/month.
SPECIFIC EXAMPLE #2: To better illustrate the extent of corruption, let us look at the scam of 2016-2019 that is the cause of this lawsuit All numbers are rough approximation.
225K notice of special assessment and demand to pay was issued to owners in 2016, and contract with repairs company was issued in 2017, all without approval of owners and initially without approval of Board. Associa HI was the property management company and was extremely unethical and improper. Allegedly $225K was collected from 12 owners, which is not true, since Hoyes Unit 204 alone had a lien for their non-paying from 2017 to 2022. Owners who paid, paid about $20K. Deposit of $40K was paid for $65K roof. It was collected under lies and threat that it was emergency yet no significant work was done for about 3 years. The owners never saw the contract. They saw a proposal signed by AOAO president, not signed by construction company. The owners never saw accounting about assessment money.
In 2019 the current manager and new Board president took over (Bryn James and Tonya Grace Goldberg, who sued me). Hidden from owners and without official proper approval of the Board as required by condo laws, they replaced the old $225K contract with the new $80K contract.. That means that there was $225-$80= $145K of collected funds not associated with any current contract. The owners should have voted how to re-allocate the money, but they were never asked to. The Board freely spent the money on anything they wanted instead of repairs dictated by the contract used to collect the money. The testified they were going to spend the entire amount. There is evidence that they were involved in skimming on other repairs and would not be surprising that this project also involved skimming.
Even more money was saved for the "freely spent" portion. The building management did not pay a dime for the new roof and installed the new roof on $40K deposit from 2017. Furthermore, they actually installed roof worth estimated $10K, the cheapest Henry material roll-on, and incorrectly. That means estimated $30K of the deposit was not used for actual roof installation. So where did $30K difference go? it did not come back to the building money. It must have ended up in some pockets. We can only guess that $30K was likely split between roofers and building. Also, the building now had $40K more, total of $185K, to be freely spent. Furthermore, the building used to have a separate reserves fund of about $40K, as required by law, and that too, was rolled into operating funds account and used for free spending. There is absolutely no accounting shown about the assessment money. Supposedly, now there is only about $26K left from $225K but the cost of some repairs done does not match that number. Where did the money go?
$225K assessment was paid by the old set of owners. By 2020, almost all those owners left and new owners came in. The new ones wrote they do not care that the contract for $225K was not honored. They only care that there is about $200K of building money to be freely spent so that means they do not have to pay any additional money for needed repairs. They vote for the Board that is treating building finances improperly. Thus, the new owners supported and enabled this scam and are responsible for it. When we had a chance to remove the wrongdoers by proper election, one vote was needed and one of those new owners voted for them and kept them in power. The whole scam is white collar crime and whoever reads about it is totally appalled. Arbitrator and Judges apparently have not read it yet or else they would react differently.
Whoever exposed this scam, gets labeled as rude and is persecuted, and in my case, sued for bogus stuff without any evidence - windows on my unit changed 15 years before I owned it, while the building has SIX other units modified without approval by the building management and supporters since 2018.
225K notice of special assessment and demand to pay was issued to owners in 2016, and contract with repairs company was issued in 2017, all without approval of owners and initially without approval of Board. Associa HI was the property management company and was extremely unethical and improper. Allegedly $225K was collected from 12 owners, which is not true, since Hoyes Unit 204 alone had a lien for their non-paying from 2017 to 2022. Owners who paid, paid about $20K. Deposit of $40K was paid for $65K roof. It was collected under lies and threat that it was emergency yet no significant work was done for about 3 years. The owners never saw the contract. They saw a proposal signed by AOAO president, not signed by construction company. The owners never saw accounting about assessment money.
In 2019 the current manager and new Board president took over (Bryn James and Tonya Grace Goldberg, who sued me). Hidden from owners and without official proper approval of the Board as required by condo laws, they replaced the old $225K contract with the new $80K contract.. That means that there was $225-$80= $145K of collected funds not associated with any current contract. The owners should have voted how to re-allocate the money, but they were never asked to. The Board freely spent the money on anything they wanted instead of repairs dictated by the contract used to collect the money. The testified they were going to spend the entire amount. There is evidence that they were involved in skimming on other repairs and would not be surprising that this project also involved skimming.
Even more money was saved for the "freely spent" portion. The building management did not pay a dime for the new roof and installed the new roof on $40K deposit from 2017. Furthermore, they actually installed roof worth estimated $10K, the cheapest Henry material roll-on, and incorrectly. That means estimated $30K of the deposit was not used for actual roof installation. So where did $30K difference go? it did not come back to the building money. It must have ended up in some pockets. We can only guess that $30K was likely split between roofers and building. Also, the building now had $40K more, total of $185K, to be freely spent. Furthermore, the building used to have a separate reserves fund of about $40K, as required by law, and that too, was rolled into operating funds account and used for free spending. There is absolutely no accounting shown about the assessment money. Supposedly, now there is only about $26K left from $225K but the cost of some repairs done does not match that number. Where did the money go?
$225K assessment was paid by the old set of owners. By 2020, almost all those owners left and new owners came in. The new ones wrote they do not care that the contract for $225K was not honored. They only care that there is about $200K of building money to be freely spent so that means they do not have to pay any additional money for needed repairs. They vote for the Board that is treating building finances improperly. Thus, the new owners supported and enabled this scam and are responsible for it. When we had a chance to remove the wrongdoers by proper election, one vote was needed and one of those new owners voted for them and kept them in power. The whole scam is white collar crime and whoever reads about it is totally appalled. Arbitrator and Judges apparently have not read it yet or else they would react differently.
Whoever exposed this scam, gets labeled as rude and is persecuted, and in my case, sued for bogus stuff without any evidence - windows on my unit changed 15 years before I owned it, while the building has SIX other units modified without approval by the building management and supporters since 2018.
SPECIFIC EXAMPLE #3: To better understand how brazen and systemic Hawaii corruption is, let us look at the example of collusion with the Court. All numbers are rounded rough approximations.
The building attorneys claim they spent $278K of their time and other costs to sue me for this so i have to pay them their attorney fees and costs because they "won" using fraud and corruption.
Meanwhile, the building management issued two more special assessments, $60K and $105K in 2020 and 2023 to cover attorney costs related to this lawsuit, and all owners are paying their share. At least $60K is certain to be for the same portion that I would be paying too. In other words, double dipping. $105K must be an overlap too. Building attorney Kapono Kaikona lied in writing that this money is for "previous attorney bills." So far building attorneys are proven to have lied a lot. Building attorneys already collected $57,694 plus hidden amounts, estimated total of $87,694 from all owners, and so far collected $45K as extra payments and keep on collecting about $45K per year, and they plan to collect directly from Ms. Milica. In other words, they are 4x dipping and turned $278K ruling in their favor into payment of $278K + 87K + $60K + 105K plus more. It is quite doubtful that any money would be returned to owners if and when Ms. Milica pays them.
So the attorneys plan on getting paid sums like $530K and more for a "simple lawsuit about changed windows" and although they claim that I "have no evidence." Judge refused to look at my evidence proving this. The Judge took testimony of building attorney without evidence, refused to examine my evidence, and called me rude for exposing it.
This case is a racket. The whole world needs to know about it.
One of the key wrongdoers testified under oath to be ex Navy Seal, petty officer for 25 years. Is this what Navy Seal training is used for? First of all, is it true that this person was a Seal.
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Petition created on June 18, 2023