Stop Judicial Foreclosure Scams and EXTORTION OF PROPERTY in the U​.​S.A.

The Issue

Please sign and share this petition to help stop massive extortion and foreclosure under the pretense of law.  

White-collar crimes, embezzlement, mismanagement, extortion, fraud, racketeering, denial of civil rights and conspiracy to deny civil rights under the pretense of law have been a part of Community Associations (CAs), often informally called homeowners associations (HOAs), in the USA but lately reached raging epidemic proportions.  We will use term "HOA" to refer to a CA in this article. 

The USA is not protecting HOA homeowners and is foregoing its democratic principles and Constitutional Rights to allow using home owners as cash cows.   See this summary for USA statistics on HOA abuse, financial crimes and violations of civil rights to due process and free speech. 

Foreclosure scams ignore the Law and/or civil rights of homeowners, aiming to extort the victim's property. Foreclosure scams in the USA have reached massive proportions. 

Non-judicial foreclosure scam is done by predatory attorneys who take the victim's property directly, without suing.  Non-judicial Foreclosure scams in the USA have reached massive proportions. Search for happenings in Georgia and other states. 

Judicial foreclosure scam involves a frivolous lawsuit and judge(s) who condemn the victim in an undue process. References to national cases are at the end. This petition asks that you help my case. 

MY HOA IS TRYING TO EXTORT PRATICALLY ALL MY ASSETS BY MISUSING THE LAW.

The HOA  attorneys filed a SLAPP frivolous lawsuit against me, for fraudulent claims, without evidence, and without approval even from the Board.  They sued me for "unapproved modifications" to my Unit 301, done in year 2002, which is 15 years and 4 owners before I bought the unit. The modifications were officially allowed to stay and be copied by other units in 2010 and officially proclaimed grandfathered in 2018.  Meanwhile, Board members and their supporters modified and owned SIX other units without approval since 2018. I have all documents to prove this.  Use e-kokua to examine the Complaint 1CCV-25-1176 in Hawaii. 

 The HOA managed to win by cheating and using corrupt attorneys, arbitratior and judges who never looked at my evidence. Many tried to eliminate it by various ilicit ways.

First,  the arbitrator improperly cut out all my critical evidence, and used HOA's prejudice, fraud and false testimony without evidence to make the ruling and grant them almost $280K of attorney fees. I never saw how they came to that clearly overbloated number, and the arbitrator did not allow any objections. The amount magically matches the value of my condo.

I proved that the arbitration ruling is practically 100% error, fraud, and/or in violation of the law.

Second, a corrupt judge in the Circuit Court rubberstamped the invalid arbitration ruling as a legal Judgment of almost $280K. In effect, the judge stated that arbitrators can make 100% errors and Court does not have to check. The Judge never checked my evidence, and acted in violation of mandatory arbitration laws HRS 658-23a. 

Third, an appellate Judge who was a partner and managing partner for about 30 years in the law firm of HOA attorneys was assigned to preside over my appeal, and the Court denied removing him and kept upholding illicit judgment and illicit foreclosure. For years or decades, this judge was a close partner of three fraudster HOA attorneys on my case. 

The HOA identified my condo as sufficient to pay off the judgment, put a lien on my condo, and filed for foreclosure. I had to leave to help my mother when my father died, so they could not serve me in person. Instead of pursuing the proper court procedure and serving by publication in a newspaper, the HOA abused the law and used corrupt judges to garnish any and all of my assets as a substitute for serving the foreclosure summons.

The foreclosure judge helped the HOA in many illicit ways - let them be late with summons, ignored the illicit garnishing, and finally used fraud to illicitly grant the foreclosure judgment to the HOA. The Judge abused HRCP Rule 54b "no just cause for delay" and issued the foreclosure judgment too early, before the foreclosure lawsuit was fully litigated (the judge ignored my Counterclaim, in other words, he denied me a chance to defend myself). He did not even justify his decision to issue a foreclosure judgment prematurely, and sent a Commissioner within 1 hour to start selling my condo.  Also, he granted a credit bid that would allow the HOA to buy the property under the market value and thus created an artificial deficiency so that the HOA can later seize another condo of mine and other assets. In short, the HOA and Judges are trying to financially wipe me out. 

I filed many court papers to ask to address my Counterclaim, which proves that the foreclosure is illicit from the start, because it is based on a Judgement obtained by the fraud and violations of law, and also the foreclosure itself and its judgment are illicit. THE JUDGE IGNORED ALL MY REQUESTS. HE THEN TWICE LIED IN WRITING THAT I NEVER ASKED TO ADDRESS THE COUNTERCLAIM.

THE SAME APPELLATE JUDGES FROM BEFORE NOW UPHOLD THIS ILLICIT FORECLOSURE. Both ethe foreclosure judge and the appellate court are saying there is nothing wrong and are ruling that the foreclosure sale of my condo happen first and then several years later, we address the Counterclaim. That is plain extortion and racketeering. 

THE HAWAII ATTORNEY GENERAL, COMMISSION ON JUDICIAL CONDUCT, SUPREME COURT Office of Disciplinary Council AND THE HAWAII SUPREME COURT ARE REFUSING TO TAKE ACTION ON THIS. I have filed a Supreme Court Petition for Writ of Mandamus that was denied, and then a new, updated petition, which has been ignored for several months.

THE HAWAII DISTRICT COURT ARE ALSO REFUSING TO TAKE ACTION.  My federal case was administratively closed in 2024 and State-related defendants removed. An update was refused in 2025. The case was closed. I have contacted the Chief Judge Watson complaining of Judge Leslie Kobayashi. 

THE FORECLOSURE JUDGE IS ALSO THE CHIEF JUDGE AND ADMINISTRATIVE JUDGE OF THE FIRST CIRCUIT COURT AND HE USED HIS INFLUENCE TO STOP MY LAWSUITS IN THE CIRCUIT COURT.  His subordinates stalled on my lawsuit until it expired, then terminated it, which proved ammunition to persecute me. Currently, the HOA and the corrupt Judges are trying to proclaim me a vexatious litigant and prevent me from filing any lawsuits. 

In short, Hawaii demonstrated systemic corruption and systemic Judicial misconduct under the pretense of law, under the overall theme of judicial foreclosure scam.   THESE ARE SEVERE VIOLATION OF FEDERAL 42 USC 1983,  18 USC 241 and 242, DENIAL OF CIVIL RIGHTS UNDER COLOR OF LAW.

Judges in Hawaii are appointed by the Governer. The Appellate Court acts as a bottleneck that allows unchecked lower Courts. Hawaii attorneys become judges, then appellate and Supreme Court Judges, and then Federal judges. The community is small and entangled. 

THE SETUP:

Judicial foreclosure scam means that a victim is denied due process and condemned to pay huge fines that allow the predatory party to seize the victim's property. This has become rampant in the USA, especially against elderly, disabled, and single women. The scam will be moving "up the food chain" when stealing from this strata of society gets depleted.

I exposed $1 mil financial crimes in my HOA (homeowners association).

In retaliation, HOA filed a frivolous lawsuit without approval, without evidence, for causes proven and known to be false. 

HOA won by fraud, by cutting my evidence, by prejudice and discrimination, by their false testimony without evidence, by knowingly  ignoring the law, and by other misconduct, with the help of their arbitrator and judges.

HOA started the foreclosure process on my $400K condo and is also double-dipping at least $200K from all owners for the same fees - and denying it -  and essentially is stealing $1.2 mil from me and the HOA.  Now the HOA is bypassing the standard foreclosure process and is trying to seize ALL my property and income. All with the help of prejudiced judges.

This is just one of almost 2000 HOAs in Hawaii and many millions of HOAs nationally in the USA that have similar problems. HOA generate billions of dollars in business and are treated as self-standing organizations that the law generally does NOT protect.  Homeowners are typically treated as cash cows. The law must be enforced or else the USA will continue to suffer  epidemic of unconstitutional behaviors, white collar crime and financial crime, under pretense of law.

THE PLAYERS: 

 My HOA is AOAO Mokuleia Surf in Waialua, Hawaii. The HOA ignores mandatory laws, extorts, embezzles, mismanages, and extorts and wastes with Property Management companies (formerly Associa and now All Community Management (ACM)). 

Associa is based in Texas and has many branches nationally, one in Hawaii. Its CEO is former Texas Senator John Carona who was scrutinized for changing laws to favor his business. Associa online reviews show a pattern of Associa’s improper operation and extortion from HOA owners. 

Porter Kaikona Kopper law firm (PKK) (since April 2024, name changed to Porter McGuire Kaikona (PMK))  is known for helping HOAs to legally silence owners by extorting owners’ money and homes in Hawaii and other states. They did massive illegal non-judicial foreclosures in 2016 and got sued, case Brown et al vs Porter McGuire Kiakona et al. In 2022 they got sued in Warta vs PMK.

Judge Leslie Kobayashi somehow got assigned to both cases (and perhaps other cases where PMK was sued) and significantly helped PMK to get out unscratched. In 2016, she even ruled that they are not guilty since AOAOs told them to do it..  Judge Leslie Kobayashi is ALSO assigned to my federal district court case (I sued the state, the judges the attorneys, etc) and she immediately took of all the judges and administratively closed the case. 

Therefore there must be court clerks who assign cases to biased judges.

Associa HI and PKK work closely and prolifically for CAI, http://caionline.org, and influence via lobbying the legislators.  

CAI is an international organization with 22,000 members and $20 mill. yearly budget to lobby against HOA owners in favor of developers and property management companies, construction companies, realtors and attorneys.  HOA owners have no such lobby. 

Roeca Luria Shin (RLS) law firm specializes in representing insurance, assuring insurance does not have to pay. 

Appellate Court presiding judge Keith HIraoka is 23+ years ex-partner in RLS and refuses to step down.  

Three attorneys from RLS on this case are Judge Hiraoka’s ex-partners and all three have been exposed in significant fraud. The wife of the founding partner wrote the fraudulent briefs that Judge Hiraoka will consider for the final ruling. 

Arbitrator Gail Nakatani is a former judge who supported at least one of the 7 appellate judges to get their position. Nakatani is a mediator at the Appellate Court. 

Dispute Resolution and Prevention (DPR) is a state-funded mediation/arbitration privately owned agency.

THE SCAM:

HOA Board and property management extorted $225K for roof and other repairs, then embezzled roof money, botched the roof, and essentially stole some property. Total damage is estimated $400K. I demanded they fix it and I suggested they ask insurance to fix it.  

PMK filed the SLAPP lawsuit against me, and RLS was hired by Philadephia Idemnity Insurance to defend the HOA.     Insurance interest is not to pay for their damages and to let the whistleblower bear the costs.

PMK filed the lawsuit  in misrepresentation, without authorization from the Board. The lawsuit was hidden from owners.

PMK and RLS took me to arbitration and worked together against me ever since, racking up attorney fees. 

PMK and RLS  won arbitration in an improper process in collusion with ex-judge arbitrator Gail Nakatani from state-funded DPR.  

PMK and RLS together with Nakatani cut out my evidence, used AOAO's fraud, false testimony without evidence and prejudicial irrelevant past evidence, and did many forms of misconduct in a biased improper arbitration. Nakatani acted as an HOA advocate in gross evident bias.

In her Award, Nakatani quoted RLS and PMK fraud as the truth, made up additional false facts, used prejudice to eliminate and ignore my evidence, knowingly ignored the law, ruled against me, and assigned RLS and PMK huge attorney fees $280K  "coincidentally" the value of my condo at that time. The arbitrator did NOT allow an opportunity to object. Half of the fees are against the law. My documentary evidence proces that practically the entire Award is  fraud and errors. Arbitration denied me due process.

Circuit Court Judge L Cataldo ignored the law, stated that "arbitrators are allowed to make mistakes” and refused to examine my evidence. That means that “arbitrators can make 100% errors and the court does not have to check.”  That means that arbitrators can do whatever they want during arbitration and the Court will legalize it, which means the Court legalizes open corruption.

Circuit Court refused to check that the arbitration satisfies the rules for canceling the arbitration. That is against the mandatory arbitration rules, especially HRS658A-23. The Court confirmed arbitration proven to be improper and did not provide findings of facts or conclusions of law. Circuit Court denied me due process. 

The Appellate Court also ignored the law and the errors of the Circuit Court. The Appellate Court denied me due process. 

Appellate Court judge Keith Hiraoka has been presiding over temporary rulings for this case and presides over the final ruling although he has personal ties to AOAO attorneys. He was a partner for over 23 years in RLS law firm.  He and the appellate Court refused to remove him.

I submitted documentary evidence that exposes RLS attorneys on this case in major fraud. Yet the Appeals Court always ruled in favor of them in bias, without any evidence, without findings of facts and conclusions of law. 

Both Courts also ignore RLS and PMK fraudulent denial of double dipping and embezzlement,. They have been paid and are collecting about $200K from all owners for the same fees they are collecting by trying to foreclose on my condo. One set of attorneys fraudulently declared those payments are not related to the Judgement, and another attorney declared they are. These conflicting and fraudulent declarations from AOAO attorneys to the Court are financial misrepresentation. 

Both Courts ignore all my evidence and ALLOW $1.2mil EXTORTION AND EMBEZZLEMENT. 

 

Furthermore, the Court is moving in direction of extorting ALL my property.

The AOAO identified my Unit #301 as a means to pay off the judgment, put a lien and filed for foreclosure. Then the AOAO bypassed the foreclosure process to extort more. This is a bad faith effort with red flags of attempted extortion. Instead of pursuing serving the foreclosure summons to the absentee debtor me by posting a foreclosure notice in a newspaper, which would allow me to put a complaint within 20 days,  the AOAO switched the process entirely and  used Circuit Court Judges John Tonaki and  Lisa Cataldo to schedule a hearing for the Examining of Judgement Debtor.

The Examining of Judgment Debtor hearing is meant to identify assets that can be used to pay the Judgment. The AOAO already has this information and there is no need for this hearing. The AOAO is violating the foreclosure process. Examining Judgement Debtor is very dangerous for self-employed debtors because ALL property can be sold at sheriff's sale, all income seized, and all bank accounts frozen, per the discretion of the Judge. Judge Tonaki already has a track record of being biased in favor of PMK. 

Hawaii Attorney General refuses to investigate stating it is not the job of Hawaii AG to intervene in private lawsuits. That means that State Judges can do whatever they want within private lawsuits. 

But this is a violation of 18 U.S.C. 241 and 242 deprivation of civil rights under color of law, and Judges are NOT immune to it, per FBI web page.  https://www.fbi.gov/investigate/civil-rights  Hawaii AG is ignoring the law.

Judicial Conduct and Hawaii Bar Disciplinary also ignore all these violations.

This is a case for FBI. 

THE EXTORTION RING: 

The law firms create easy lucrative income by suing for bogus causes. 

Judges are appointed by the governor. State Attorney General as well. 

If the State attorney general and Judges do not enforce the law, then everyone is implicitly encouraged to not follow the law. 

Arbitrators, DPR, attorneys, and government employees are tempted to participate in the extortion ring and not curb bad behaviors since there are no consequences. 

Arbitrator Nakatani bias helps her to keep the powerful clients pleased, to keep her job, and to be selected as mediator/arbitrator in the future by these “frequent repeat clients”.

Appellate Court rules in favor of RLS and their “friends” so RLS wins and is more likely to get more of lucrative insurance cases.    

PMK (and who else?) gets to keep $225K they and HOA management embezzled and extorted from HOA funds. 

Insurance does not have to pay for damages (rough estimate $1 mill.) and the next insurance carrier makes money by significantly raising HOA insurance dues  

HOA is considered “innocent” so it continues embezzling, extorting and operating against the law. There are no Board meetings, financials are not shown to owners, and repairs are not explained nor approved.

HOA extorts money from owners for repairs, so HOA and construction companies and workers can skim off undeeded and over-bloated repairs, HOA seizes owners' homes and resells them, and so on.

State Judges continue supporting their “friends” without any consequences, assuring they get to keep their jobs, keep power clients satisfied, and increase Court business and repeat customers. 

More court business is good for the State of Hawaii, which is in financial crisis, especially since the Hawaii Rail Project:

“The Hawaii Rail project is already a decade behind schedule and $7 billion over budget. And like many big infrastructure projects, the rail has been largely funded by new debt. In 2012, total city debt stood at $4.4 billion. In 2022, it totaled $6.85 billion, of which HART's outstanding debt made up almost $1 billion.”

Hawaii Rail System going over budget benefits construction companies, which also work with property management companies to extort from condo owners.   Interestingly, the appellate judges on this case quote an unrelated Hawaii rail case to justify foreclosing on my condo. 

Hawaii slides deeper into corruption and poverty and into a state of dictatorship, damaging the entire USA as so many owners in Hawaii are not local. 

 

DETAILS IN SUPPORT OF THE ABOVE: 

As I defend myself against a judicial foreclosure scam on my property, I have discovered that no government bodies are willing to investigate white-collar crime in civil cases, especially for HOA (homeowners association) issues. This means that property ownership is a very risky and dangerous endeavor in the USA, ridden with high costs and undue stress. I just was able to submit this to the FBI so let us hope they tackle the rampant HOA crimes.

Nationally, extortion and crime in HOAs are RAMPANT. My case is one tip of the huge iceberg of KNOWN AND REPORTED cases. The issue is even more huge,. many owners are afraid to speak up, afraid of retaliation. Whistleblowers like me get SLAPP sued and their property taken. It is rare to find an attorney who wants to defend a HOA owner.  It is also beyond the material means of most owners.  Meanwhile, money-rich property management companies, insurance, and attorneys wield influence over the local government and law enforcement.  HOA crimes are a sort of "me too" issue.

There are 74 million people in the USA making a living off HOA owners. Http://caionline.org is CAI international lobbying organization with 22,000 members, $20 mil yearly budget, passing about 2000 laws per year in favor of developers, construction, property management, realtors, and attorneys as well as shady HOA Board members who abuse and extort  HOA money and owner property. They have gotten too powerful and effective and are killing their gold goose. HOA owners must be protected.

I am a condo owner in a homeowners association (HOA) (called AOAO in Hawaii) ridden with severe financial scams by the Board and property management. The total is estimated at $1 million. 

I exposed it, they SLAPP sued me without evidence for bogus and false causes. They won with the help of biased arbitrators and biased judges with very close ties.  Their winning would set a dangerous precedent and they must be stopped.

This picture was HOA’s evidence against me but proves HOA fraud.  This is the front of the building:

 

 

 

 

 

 

 

 

 

 

 

The top unit in the picture is my Unit 301.  I bought it in 2017.   The unit was modified in 2002, 15 years before I bought it. The owner at that time changed the windows from jalousies to full or half-length slider windows in front and back and installed a washer/dryer/dishwasher. That owner also modified Unit 204 similarly. 

The bottom unit is one of the SIX other units modified recently by people who sued me and testified against me. The HOA fraudulently calls these modifications approved. There is no proof of Board approval or city permits. These units are owned by Board members and those who support them

One of those six other modified units is Unit 204, owned by a current Board member who was recently president, it still has the front door and window switched:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

My unit 301 was modified in 2002, I bought it in 2017. The HOA allowed 4 owners before me to own the modified unit 301 without consequence for 15 years from 2002 to 2017, then persecuted me. That is selective enforcement and violation of the statute of limitations. Also, the HOA approved the modifications in the past.

In 2010, the Board officially allowed the modifications to stay (except front window) and the back wall to be copied by other units.  In 2018, the Board proclaimed all modifications grandfathered and never revoked it. The same Board members who approved later sued me.  

The above evidence proves that I win. The evidence was eliminated the Arbitrator per requests of the HOA attorney who is an ex-partner of the presiding appeals judge. 

Since May 2024, THE HOA IS ALLOWING ALL UNITS TO HAVE SLIDING WINDOWS AND TO COPY WINDOWS OF UNIT 301, YET UNIT 301 WAS SUED AND FORECLOSED ON BECAUSE OF THOSE WINDOWS. 


Shortly after I bought my unit, and after I complained about the mismanagement and financial scams of the association, the HOA filed a SLAPP suit against me attempting to force me to revert the modifications. 

The HOA filed A Motion for Summary Judgement (trial without jury) to "their" judge but because of COVID, we went to another judge. The motion was denied without prejudice because there was insufficient evidence of their claim. 

The HOA then lined up a prejudiced Arbitrator and judges. Two law firms improperly represented the HOA during arbitration. All HOA attorneys engaged in misconduct and fraud. 

Three HOA attorneys are from the law firm hired by the HOA insurance. All three are very close long-term ex-partners of the presiding appeals judge. The key arbitration fraudster is one of them. The wife of the founding ex-partner wrote fraudulent briefs to be used for the final appeals ruling. I exposed it and Courts ignored it.

Three  HOA attorneys are from Porter McGuire Kaikona law firm (now called Porter Kaikona Kopper), closely related to one of the HOA ex-property management companies in question. This company is very large (Associa HI, a branch of main Associa from Texas) and known for its shady and influence in lobbying against laws that would benefit condo owners. Read news articles at the end.

The arbitrator cut my claims and refused evidence that proves that I win the lawsuit, and accepted the Association’s irrelevant/prejudicial testimony and testimony without evidence. The Association’s attorneys presented multiple false claims, fraud, deceit, and false facts and the Arbitrator ignored my evidence that proved them false. The arbitrator also ignored all their testimony admitting the violations.

The arbitrator awarded them huge attorney fees, $280,000. The Association then filed a lien and is attempting to foreclose on my condo. 

The Circuit Court has to confirm or cancel the arbitrator’s decision. After showing the court my proof that the arbitrator ignored my evidence, that their ruling was filled with legal errors and that the arbitrator must be canceled, the Circuit Court judge said, "Arbitrators are allowed to make errors“, and refused to look closely into my evidence. THE COURT BLATANTLY IGNORES THE LAW, in particular, the arbitrator’s contract which includes promising he would be a third party neutral and mandatory State Arbitration Rules HRS 658A-23 that demand that the Court cancel arbitrators that satisfy certain conditions.

The Circuit Judge confirmed the arbitration without any justification. The Appeals Court endorses it. The presiding Judge was a partner in the HOA insurance law firm for more than 23 years until quite recently. 

The Appeals court AGAIN has refused for months to examine my evidence, this time 5 months,  and remove the judges that have influence or conflict of interest and stop the foreclosure.  

In the past, they would eventually reply with unrelated excuses without demonstrating they examined my evidence and ruled in favor of the HOA fast foreclosing on my unit. 

The HOA insurance is well aware of this fraud. The ex-partners law firm specializes in representing insurance, which is a repeat lucrative customer. Seems like Judge Hiraoka is helping his ex-partners to keep the clients coming back. 

There is clearly collusion between the Association Board, Property Management Company, Insurance Company, Attorney and the Judges. They are causing foreclosing on my condo, taking the Association’s money and leaving building damages.  THE TOTAL DAMAGE COMBINED IS ABOUT $1.2 MILLION.  It must be investigated and stopped.

The Hawaii Attorney General refuses to investigate because "AG does not intervene in private lawsuits". The AG must investigate crimes of State employees, per list of AG's duties. The US Hawaii Attorney (DOJ) is silent. DCCA, Hawaii Bar, and Hawaii Judiciary Conduct, all ignore my complaints. 

The AOAO is aggressively foreclosing on my condo and the Appeals Court stalling gives them time to do so. The appeals court has not ruled for 5 months on my motions reporting this.

THE MATTER IS URGENT and this petition demands the Appeals court to assign proper judges, examine my evidence, stop the foreclosure and rule in my favor, and that the case be investigated.  

EXECUTIVE SUMMARY AND REFERENCES: 

Scammers are foreclosing on my condo, setting a dangerous legal precedent. THIS MATTER IS URGENT. 

Many people are aware that Owners Associations are prone to financial and other scams. Scams deter ownership as they cause foreclosures, stress, time and costs to owners, skyrocketing high monthly dues and thus high rent, damage of property, loss of value of property, and dis-service to tenants.

The scam described here adds to the danger of extortion of property under the pretense of law.

Scammers misused the law. By mandatory State Arbitratition Rules HRS658A, Rule 15 arbitrators are independent but must be overall fair, which is interpreted as “arbitrators are allowed to make SOME errors” and per Rule 23 the Court has to cancel improper arbitrations. The fraudsters twisted it to mean “arbitrators can make any and all errors and thus the court does not have to check.” This twist legalizes open corruption.

Hawaii's Attorney General refuses to investigate, FBI so far wanted only terrorist cases and finally took a report on this, so hopefully they will investigate and can be THE ONE  government agency that investigates white collar crimes and extortion in civil cases. That means that owning property in the USA is very dangerous. 

If the fraudsters can do this to me, they can do it to you. If they win this case, they will set a precedent. Anyone can just make up any claim against you they want to and then steal your life savings and your property.

PLEASE SIGN AND SHARE THIS PETITION!  

 

PETITION: 

WE DEMAND THE FOLLOWING: 

ATTORNEY GENERAL AND FBI INVESTIGATE HOA CRIMES AND STATE CORRUPTION; 

FORECLOSURE ON MY CONDO BE STOPPED IMMEDIATELY

ALL MY EVIDENCE BE LOOKED AT  BY THE COURT

PROPER JUDGES ASSIGNED TO THIS CASE

COURT RULES IN MY FAVOR 

 

REFERENCES:

In Hawaii, ALL REAL ESTATE SCAMS ARE HUSHED AND THERE IS FEAR OF EXPOSING THEM.  It is very questionable who in fact rules the islands as nobody enforces the USA laws.  Only the Civil Beat online newspaper not much read but the regular public reported issues of real estate extortion in Hawaii.  See “Oahu Condo Issues”  There has been an alarming number and increased severity in cases involving unethical practices within the real estate industry in Hawaii. These practices include massive illegalities, such as MASSIVE illegal non judicial foreclosures in 2016, extortion based on over bloated attorney fees like making $150 house rules fine into $50K of attorney fees leading to condo extortion in Mr. Warta's case, retaliations such as recent cover up of Board's theft of hundreds of thousands of dollars and Court support of it, and now court supported attorney misconduct and fraud and unfair unconstitutional arbitration trials such as in Milica B case. The property management company Associa HI managed this HOA until 2018 and law firm Porter Mc Guire Kaikona that sued Milica B are culprits in many of these stories. 

This is a national issue. Associa HI is a branch of Associa based in Texas. Associa HI sends HOA monthly dues to Arizona and Texas and then back to Hawaii. Hawaii condo law requires that all HOA money be kept in Hawaii banks. The bank used was Mutual of Omaha based in Nebraska, imported into Hawaii as CIT bank. CIT bank statements are cryptic. The only way to find out is to get the financial statements from the property management company, and they refuse to give it, although it is condo law in Hawaii that financials must be made available to owners (HRS514B). There is nobody who enforces it. I was sued when I requested financials. 

In Hawaii, lobbying against the protection of condo owners and extortion from condo owners by property management and their attorneys is rather common, making it unsafe for business.  The property management company Associa HI and law firm Porter Mc Guire Kaikona who are involved in this case are known for extortion, penetrating the government and lobbying against condo owners. Some of the legislators are their employees.

Hawaii has one the highest HOA dues, and Hawaii is one of the leading states with insurance complaints against improper behavior of Board members.  Hawaii as a state is known to be corrupt and is getting worse. 

·        Giving money to legislators is a problem in Hawaii and is getting worse: Click here to look up donors to Hawaii legislature (then use white line, not green line)  Corruption-at-the-hawaii-legislature-puts-campaign-donations-in-the-spotlight/ posted in February 2022 and subsequent 2023 articles about legally limiting contributions

·

For more details, check out the summary of this case  meant for law enforcement.

 That file was updated on May 5, 2024 and a new file was added with a national list of HOA crimes and abuse, showing this is a niche in white-collar civil crime that is overlooked by law enforcement and needs more attention.

There are many national groups of HOA owners sharing how they were scammed, wronged, violated and even lost their property. There are known cases of proven HOA crimes nationally. 

#HOAhell #HOAreform #HOAabuse #badHOA #realestate #Hawaii #corruption #judicial #legal #systemic #systemiccorruption #arbitration #unconstitutional #law #Hawaii #danger #dangerous #extortion #bananarepublic

 

 

 

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Mil barPetition StarterCondo owner unjustly persecuted in Hawaii. Stop extortion from condo owners!

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The Issue

Please sign and share this petition to help stop massive extortion and foreclosure under the pretense of law.  

White-collar crimes, embezzlement, mismanagement, extortion, fraud, racketeering, denial of civil rights and conspiracy to deny civil rights under the pretense of law have been a part of Community Associations (CAs), often informally called homeowners associations (HOAs), in the USA but lately reached raging epidemic proportions.  We will use term "HOA" to refer to a CA in this article. 

The USA is not protecting HOA homeowners and is foregoing its democratic principles and Constitutional Rights to allow using home owners as cash cows.   See this summary for USA statistics on HOA abuse, financial crimes and violations of civil rights to due process and free speech. 

Foreclosure scams ignore the Law and/or civil rights of homeowners, aiming to extort the victim's property. Foreclosure scams in the USA have reached massive proportions. 

Non-judicial foreclosure scam is done by predatory attorneys who take the victim's property directly, without suing.  Non-judicial Foreclosure scams in the USA have reached massive proportions. Search for happenings in Georgia and other states. 

Judicial foreclosure scam involves a frivolous lawsuit and judge(s) who condemn the victim in an undue process. References to national cases are at the end. This petition asks that you help my case. 

MY HOA IS TRYING TO EXTORT PRATICALLY ALL MY ASSETS BY MISUSING THE LAW.

The HOA  attorneys filed a SLAPP frivolous lawsuit against me, for fraudulent claims, without evidence, and without approval even from the Board.  They sued me for "unapproved modifications" to my Unit 301, done in year 2002, which is 15 years and 4 owners before I bought the unit. The modifications were officially allowed to stay and be copied by other units in 2010 and officially proclaimed grandfathered in 2018.  Meanwhile, Board members and their supporters modified and owned SIX other units without approval since 2018. I have all documents to prove this.  Use e-kokua to examine the Complaint 1CCV-25-1176 in Hawaii. 

 The HOA managed to win by cheating and using corrupt attorneys, arbitratior and judges who never looked at my evidence. Many tried to eliminate it by various ilicit ways.

First,  the arbitrator improperly cut out all my critical evidence, and used HOA's prejudice, fraud and false testimony without evidence to make the ruling and grant them almost $280K of attorney fees. I never saw how they came to that clearly overbloated number, and the arbitrator did not allow any objections. The amount magically matches the value of my condo.

I proved that the arbitration ruling is practically 100% error, fraud, and/or in violation of the law.

Second, a corrupt judge in the Circuit Court rubberstamped the invalid arbitration ruling as a legal Judgment of almost $280K. In effect, the judge stated that arbitrators can make 100% errors and Court does not have to check. The Judge never checked my evidence, and acted in violation of mandatory arbitration laws HRS 658-23a. 

Third, an appellate Judge who was a partner and managing partner for about 30 years in the law firm of HOA attorneys was assigned to preside over my appeal, and the Court denied removing him and kept upholding illicit judgment and illicit foreclosure. For years or decades, this judge was a close partner of three fraudster HOA attorneys on my case. 

The HOA identified my condo as sufficient to pay off the judgment, put a lien on my condo, and filed for foreclosure. I had to leave to help my mother when my father died, so they could not serve me in person. Instead of pursuing the proper court procedure and serving by publication in a newspaper, the HOA abused the law and used corrupt judges to garnish any and all of my assets as a substitute for serving the foreclosure summons.

The foreclosure judge helped the HOA in many illicit ways - let them be late with summons, ignored the illicit garnishing, and finally used fraud to illicitly grant the foreclosure judgment to the HOA. The Judge abused HRCP Rule 54b "no just cause for delay" and issued the foreclosure judgment too early, before the foreclosure lawsuit was fully litigated (the judge ignored my Counterclaim, in other words, he denied me a chance to defend myself). He did not even justify his decision to issue a foreclosure judgment prematurely, and sent a Commissioner within 1 hour to start selling my condo.  Also, he granted a credit bid that would allow the HOA to buy the property under the market value and thus created an artificial deficiency so that the HOA can later seize another condo of mine and other assets. In short, the HOA and Judges are trying to financially wipe me out. 

I filed many court papers to ask to address my Counterclaim, which proves that the foreclosure is illicit from the start, because it is based on a Judgement obtained by the fraud and violations of law, and also the foreclosure itself and its judgment are illicit. THE JUDGE IGNORED ALL MY REQUESTS. HE THEN TWICE LIED IN WRITING THAT I NEVER ASKED TO ADDRESS THE COUNTERCLAIM.

THE SAME APPELLATE JUDGES FROM BEFORE NOW UPHOLD THIS ILLICIT FORECLOSURE. Both ethe foreclosure judge and the appellate court are saying there is nothing wrong and are ruling that the foreclosure sale of my condo happen first and then several years later, we address the Counterclaim. That is plain extortion and racketeering. 

THE HAWAII ATTORNEY GENERAL, COMMISSION ON JUDICIAL CONDUCT, SUPREME COURT Office of Disciplinary Council AND THE HAWAII SUPREME COURT ARE REFUSING TO TAKE ACTION ON THIS. I have filed a Supreme Court Petition for Writ of Mandamus that was denied, and then a new, updated petition, which has been ignored for several months.

THE HAWAII DISTRICT COURT ARE ALSO REFUSING TO TAKE ACTION.  My federal case was administratively closed in 2024 and State-related defendants removed. An update was refused in 2025. The case was closed. I have contacted the Chief Judge Watson complaining of Judge Leslie Kobayashi. 

THE FORECLOSURE JUDGE IS ALSO THE CHIEF JUDGE AND ADMINISTRATIVE JUDGE OF THE FIRST CIRCUIT COURT AND HE USED HIS INFLUENCE TO STOP MY LAWSUITS IN THE CIRCUIT COURT.  His subordinates stalled on my lawsuit until it expired, then terminated it, which proved ammunition to persecute me. Currently, the HOA and the corrupt Judges are trying to proclaim me a vexatious litigant and prevent me from filing any lawsuits. 

In short, Hawaii demonstrated systemic corruption and systemic Judicial misconduct under the pretense of law, under the overall theme of judicial foreclosure scam.   THESE ARE SEVERE VIOLATION OF FEDERAL 42 USC 1983,  18 USC 241 and 242, DENIAL OF CIVIL RIGHTS UNDER COLOR OF LAW.

Judges in Hawaii are appointed by the Governer. The Appellate Court acts as a bottleneck that allows unchecked lower Courts. Hawaii attorneys become judges, then appellate and Supreme Court Judges, and then Federal judges. The community is small and entangled. 

THE SETUP:

Judicial foreclosure scam means that a victim is denied due process and condemned to pay huge fines that allow the predatory party to seize the victim's property. This has become rampant in the USA, especially against elderly, disabled, and single women. The scam will be moving "up the food chain" when stealing from this strata of society gets depleted.

I exposed $1 mil financial crimes in my HOA (homeowners association).

In retaliation, HOA filed a frivolous lawsuit without approval, without evidence, for causes proven and known to be false. 

HOA won by fraud, by cutting my evidence, by prejudice and discrimination, by their false testimony without evidence, by knowingly  ignoring the law, and by other misconduct, with the help of their arbitrator and judges.

HOA started the foreclosure process on my $400K condo and is also double-dipping at least $200K from all owners for the same fees - and denying it -  and essentially is stealing $1.2 mil from me and the HOA.  Now the HOA is bypassing the standard foreclosure process and is trying to seize ALL my property and income. All with the help of prejudiced judges.

This is just one of almost 2000 HOAs in Hawaii and many millions of HOAs nationally in the USA that have similar problems. HOA generate billions of dollars in business and are treated as self-standing organizations that the law generally does NOT protect.  Homeowners are typically treated as cash cows. The law must be enforced or else the USA will continue to suffer  epidemic of unconstitutional behaviors, white collar crime and financial crime, under pretense of law.

THE PLAYERS: 

 My HOA is AOAO Mokuleia Surf in Waialua, Hawaii. The HOA ignores mandatory laws, extorts, embezzles, mismanages, and extorts and wastes with Property Management companies (formerly Associa and now All Community Management (ACM)). 

Associa is based in Texas and has many branches nationally, one in Hawaii. Its CEO is former Texas Senator John Carona who was scrutinized for changing laws to favor his business. Associa online reviews show a pattern of Associa’s improper operation and extortion from HOA owners. 

Porter Kaikona Kopper law firm (PKK) (since April 2024, name changed to Porter McGuire Kaikona (PMK))  is known for helping HOAs to legally silence owners by extorting owners’ money and homes in Hawaii and other states. They did massive illegal non-judicial foreclosures in 2016 and got sued, case Brown et al vs Porter McGuire Kiakona et al. In 2022 they got sued in Warta vs PMK.

Judge Leslie Kobayashi somehow got assigned to both cases (and perhaps other cases where PMK was sued) and significantly helped PMK to get out unscratched. In 2016, she even ruled that they are not guilty since AOAOs told them to do it..  Judge Leslie Kobayashi is ALSO assigned to my federal district court case (I sued the state, the judges the attorneys, etc) and she immediately took of all the judges and administratively closed the case. 

Therefore there must be court clerks who assign cases to biased judges.

Associa HI and PKK work closely and prolifically for CAI, http://caionline.org, and influence via lobbying the legislators.  

CAI is an international organization with 22,000 members and $20 mill. yearly budget to lobby against HOA owners in favor of developers and property management companies, construction companies, realtors and attorneys.  HOA owners have no such lobby. 

Roeca Luria Shin (RLS) law firm specializes in representing insurance, assuring insurance does not have to pay. 

Appellate Court presiding judge Keith HIraoka is 23+ years ex-partner in RLS and refuses to step down.  

Three attorneys from RLS on this case are Judge Hiraoka’s ex-partners and all three have been exposed in significant fraud. The wife of the founding partner wrote the fraudulent briefs that Judge Hiraoka will consider for the final ruling. 

Arbitrator Gail Nakatani is a former judge who supported at least one of the 7 appellate judges to get their position. Nakatani is a mediator at the Appellate Court. 

Dispute Resolution and Prevention (DPR) is a state-funded mediation/arbitration privately owned agency.

THE SCAM:

HOA Board and property management extorted $225K for roof and other repairs, then embezzled roof money, botched the roof, and essentially stole some property. Total damage is estimated $400K. I demanded they fix it and I suggested they ask insurance to fix it.  

PMK filed the SLAPP lawsuit against me, and RLS was hired by Philadephia Idemnity Insurance to defend the HOA.     Insurance interest is not to pay for their damages and to let the whistleblower bear the costs.

PMK filed the lawsuit  in misrepresentation, without authorization from the Board. The lawsuit was hidden from owners.

PMK and RLS took me to arbitration and worked together against me ever since, racking up attorney fees. 

PMK and RLS  won arbitration in an improper process in collusion with ex-judge arbitrator Gail Nakatani from state-funded DPR.  

PMK and RLS together with Nakatani cut out my evidence, used AOAO's fraud, false testimony without evidence and prejudicial irrelevant past evidence, and did many forms of misconduct in a biased improper arbitration. Nakatani acted as an HOA advocate in gross evident bias.

In her Award, Nakatani quoted RLS and PMK fraud as the truth, made up additional false facts, used prejudice to eliminate and ignore my evidence, knowingly ignored the law, ruled against me, and assigned RLS and PMK huge attorney fees $280K  "coincidentally" the value of my condo at that time. The arbitrator did NOT allow an opportunity to object. Half of the fees are against the law. My documentary evidence proces that practically the entire Award is  fraud and errors. Arbitration denied me due process.

Circuit Court Judge L Cataldo ignored the law, stated that "arbitrators are allowed to make mistakes” and refused to examine my evidence. That means that “arbitrators can make 100% errors and the court does not have to check.”  That means that arbitrators can do whatever they want during arbitration and the Court will legalize it, which means the Court legalizes open corruption.

Circuit Court refused to check that the arbitration satisfies the rules for canceling the arbitration. That is against the mandatory arbitration rules, especially HRS658A-23. The Court confirmed arbitration proven to be improper and did not provide findings of facts or conclusions of law. Circuit Court denied me due process. 

The Appellate Court also ignored the law and the errors of the Circuit Court. The Appellate Court denied me due process. 

Appellate Court judge Keith Hiraoka has been presiding over temporary rulings for this case and presides over the final ruling although he has personal ties to AOAO attorneys. He was a partner for over 23 years in RLS law firm.  He and the appellate Court refused to remove him.

I submitted documentary evidence that exposes RLS attorneys on this case in major fraud. Yet the Appeals Court always ruled in favor of them in bias, without any evidence, without findings of facts and conclusions of law. 

Both Courts also ignore RLS and PMK fraudulent denial of double dipping and embezzlement,. They have been paid and are collecting about $200K from all owners for the same fees they are collecting by trying to foreclose on my condo. One set of attorneys fraudulently declared those payments are not related to the Judgement, and another attorney declared they are. These conflicting and fraudulent declarations from AOAO attorneys to the Court are financial misrepresentation. 

Both Courts ignore all my evidence and ALLOW $1.2mil EXTORTION AND EMBEZZLEMENT. 

 

Furthermore, the Court is moving in direction of extorting ALL my property.

The AOAO identified my Unit #301 as a means to pay off the judgment, put a lien and filed for foreclosure. Then the AOAO bypassed the foreclosure process to extort more. This is a bad faith effort with red flags of attempted extortion. Instead of pursuing serving the foreclosure summons to the absentee debtor me by posting a foreclosure notice in a newspaper, which would allow me to put a complaint within 20 days,  the AOAO switched the process entirely and  used Circuit Court Judges John Tonaki and  Lisa Cataldo to schedule a hearing for the Examining of Judgement Debtor.

The Examining of Judgment Debtor hearing is meant to identify assets that can be used to pay the Judgment. The AOAO already has this information and there is no need for this hearing. The AOAO is violating the foreclosure process. Examining Judgement Debtor is very dangerous for self-employed debtors because ALL property can be sold at sheriff's sale, all income seized, and all bank accounts frozen, per the discretion of the Judge. Judge Tonaki already has a track record of being biased in favor of PMK. 

Hawaii Attorney General refuses to investigate stating it is not the job of Hawaii AG to intervene in private lawsuits. That means that State Judges can do whatever they want within private lawsuits. 

But this is a violation of 18 U.S.C. 241 and 242 deprivation of civil rights under color of law, and Judges are NOT immune to it, per FBI web page.  https://www.fbi.gov/investigate/civil-rights  Hawaii AG is ignoring the law.

Judicial Conduct and Hawaii Bar Disciplinary also ignore all these violations.

This is a case for FBI. 

THE EXTORTION RING: 

The law firms create easy lucrative income by suing for bogus causes. 

Judges are appointed by the governor. State Attorney General as well. 

If the State attorney general and Judges do not enforce the law, then everyone is implicitly encouraged to not follow the law. 

Arbitrators, DPR, attorneys, and government employees are tempted to participate in the extortion ring and not curb bad behaviors since there are no consequences. 

Arbitrator Nakatani bias helps her to keep the powerful clients pleased, to keep her job, and to be selected as mediator/arbitrator in the future by these “frequent repeat clients”.

Appellate Court rules in favor of RLS and their “friends” so RLS wins and is more likely to get more of lucrative insurance cases.    

PMK (and who else?) gets to keep $225K they and HOA management embezzled and extorted from HOA funds. 

Insurance does not have to pay for damages (rough estimate $1 mill.) and the next insurance carrier makes money by significantly raising HOA insurance dues  

HOA is considered “innocent” so it continues embezzling, extorting and operating against the law. There are no Board meetings, financials are not shown to owners, and repairs are not explained nor approved.

HOA extorts money from owners for repairs, so HOA and construction companies and workers can skim off undeeded and over-bloated repairs, HOA seizes owners' homes and resells them, and so on.

State Judges continue supporting their “friends” without any consequences, assuring they get to keep their jobs, keep power clients satisfied, and increase Court business and repeat customers. 

More court business is good for the State of Hawaii, which is in financial crisis, especially since the Hawaii Rail Project:

“The Hawaii Rail project is already a decade behind schedule and $7 billion over budget. And like many big infrastructure projects, the rail has been largely funded by new debt. In 2012, total city debt stood at $4.4 billion. In 2022, it totaled $6.85 billion, of which HART's outstanding debt made up almost $1 billion.”

Hawaii Rail System going over budget benefits construction companies, which also work with property management companies to extort from condo owners.   Interestingly, the appellate judges on this case quote an unrelated Hawaii rail case to justify foreclosing on my condo. 

Hawaii slides deeper into corruption and poverty and into a state of dictatorship, damaging the entire USA as so many owners in Hawaii are not local. 

 

DETAILS IN SUPPORT OF THE ABOVE: 

As I defend myself against a judicial foreclosure scam on my property, I have discovered that no government bodies are willing to investigate white-collar crime in civil cases, especially for HOA (homeowners association) issues. This means that property ownership is a very risky and dangerous endeavor in the USA, ridden with high costs and undue stress. I just was able to submit this to the FBI so let us hope they tackle the rampant HOA crimes.

Nationally, extortion and crime in HOAs are RAMPANT. My case is one tip of the huge iceberg of KNOWN AND REPORTED cases. The issue is even more huge,. many owners are afraid to speak up, afraid of retaliation. Whistleblowers like me get SLAPP sued and their property taken. It is rare to find an attorney who wants to defend a HOA owner.  It is also beyond the material means of most owners.  Meanwhile, money-rich property management companies, insurance, and attorneys wield influence over the local government and law enforcement.  HOA crimes are a sort of "me too" issue.

There are 74 million people in the USA making a living off HOA owners. Http://caionline.org is CAI international lobbying organization with 22,000 members, $20 mil yearly budget, passing about 2000 laws per year in favor of developers, construction, property management, realtors, and attorneys as well as shady HOA Board members who abuse and extort  HOA money and owner property. They have gotten too powerful and effective and are killing their gold goose. HOA owners must be protected.

I am a condo owner in a homeowners association (HOA) (called AOAO in Hawaii) ridden with severe financial scams by the Board and property management. The total is estimated at $1 million. 

I exposed it, they SLAPP sued me without evidence for bogus and false causes. They won with the help of biased arbitrators and biased judges with very close ties.  Their winning would set a dangerous precedent and they must be stopped.

This picture was HOA’s evidence against me but proves HOA fraud.  This is the front of the building:

 

 

 

 

 

 

 

 

 

 

 

The top unit in the picture is my Unit 301.  I bought it in 2017.   The unit was modified in 2002, 15 years before I bought it. The owner at that time changed the windows from jalousies to full or half-length slider windows in front and back and installed a washer/dryer/dishwasher. That owner also modified Unit 204 similarly. 

The bottom unit is one of the SIX other units modified recently by people who sued me and testified against me. The HOA fraudulently calls these modifications approved. There is no proof of Board approval or city permits. These units are owned by Board members and those who support them

One of those six other modified units is Unit 204, owned by a current Board member who was recently president, it still has the front door and window switched:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

My unit 301 was modified in 2002, I bought it in 2017. The HOA allowed 4 owners before me to own the modified unit 301 without consequence for 15 years from 2002 to 2017, then persecuted me. That is selective enforcement and violation of the statute of limitations. Also, the HOA approved the modifications in the past.

In 2010, the Board officially allowed the modifications to stay (except front window) and the back wall to be copied by other units.  In 2018, the Board proclaimed all modifications grandfathered and never revoked it. The same Board members who approved later sued me.  

The above evidence proves that I win. The evidence was eliminated the Arbitrator per requests of the HOA attorney who is an ex-partner of the presiding appeals judge. 

Since May 2024, THE HOA IS ALLOWING ALL UNITS TO HAVE SLIDING WINDOWS AND TO COPY WINDOWS OF UNIT 301, YET UNIT 301 WAS SUED AND FORECLOSED ON BECAUSE OF THOSE WINDOWS. 


Shortly after I bought my unit, and after I complained about the mismanagement and financial scams of the association, the HOA filed a SLAPP suit against me attempting to force me to revert the modifications. 

The HOA filed A Motion for Summary Judgement (trial without jury) to "their" judge but because of COVID, we went to another judge. The motion was denied without prejudice because there was insufficient evidence of their claim. 

The HOA then lined up a prejudiced Arbitrator and judges. Two law firms improperly represented the HOA during arbitration. All HOA attorneys engaged in misconduct and fraud. 

Three HOA attorneys are from the law firm hired by the HOA insurance. All three are very close long-term ex-partners of the presiding appeals judge. The key arbitration fraudster is one of them. The wife of the founding ex-partner wrote fraudulent briefs to be used for the final appeals ruling. I exposed it and Courts ignored it.

Three  HOA attorneys are from Porter McGuire Kaikona law firm (now called Porter Kaikona Kopper), closely related to one of the HOA ex-property management companies in question. This company is very large (Associa HI, a branch of main Associa from Texas) and known for its shady and influence in lobbying against laws that would benefit condo owners. Read news articles at the end.

The arbitrator cut my claims and refused evidence that proves that I win the lawsuit, and accepted the Association’s irrelevant/prejudicial testimony and testimony without evidence. The Association’s attorneys presented multiple false claims, fraud, deceit, and false facts and the Arbitrator ignored my evidence that proved them false. The arbitrator also ignored all their testimony admitting the violations.

The arbitrator awarded them huge attorney fees, $280,000. The Association then filed a lien and is attempting to foreclose on my condo. 

The Circuit Court has to confirm or cancel the arbitrator’s decision. After showing the court my proof that the arbitrator ignored my evidence, that their ruling was filled with legal errors and that the arbitrator must be canceled, the Circuit Court judge said, "Arbitrators are allowed to make errors“, and refused to look closely into my evidence. THE COURT BLATANTLY IGNORES THE LAW, in particular, the arbitrator’s contract which includes promising he would be a third party neutral and mandatory State Arbitration Rules HRS 658A-23 that demand that the Court cancel arbitrators that satisfy certain conditions.

The Circuit Judge confirmed the arbitration without any justification. The Appeals Court endorses it. The presiding Judge was a partner in the HOA insurance law firm for more than 23 years until quite recently. 

The Appeals court AGAIN has refused for months to examine my evidence, this time 5 months,  and remove the judges that have influence or conflict of interest and stop the foreclosure.  

In the past, they would eventually reply with unrelated excuses without demonstrating they examined my evidence and ruled in favor of the HOA fast foreclosing on my unit. 

The HOA insurance is well aware of this fraud. The ex-partners law firm specializes in representing insurance, which is a repeat lucrative customer. Seems like Judge Hiraoka is helping his ex-partners to keep the clients coming back. 

There is clearly collusion between the Association Board, Property Management Company, Insurance Company, Attorney and the Judges. They are causing foreclosing on my condo, taking the Association’s money and leaving building damages.  THE TOTAL DAMAGE COMBINED IS ABOUT $1.2 MILLION.  It must be investigated and stopped.

The Hawaii Attorney General refuses to investigate because "AG does not intervene in private lawsuits". The AG must investigate crimes of State employees, per list of AG's duties. The US Hawaii Attorney (DOJ) is silent. DCCA, Hawaii Bar, and Hawaii Judiciary Conduct, all ignore my complaints. 

The AOAO is aggressively foreclosing on my condo and the Appeals Court stalling gives them time to do so. The appeals court has not ruled for 5 months on my motions reporting this.

THE MATTER IS URGENT and this petition demands the Appeals court to assign proper judges, examine my evidence, stop the foreclosure and rule in my favor, and that the case be investigated.  

EXECUTIVE SUMMARY AND REFERENCES: 

Scammers are foreclosing on my condo, setting a dangerous legal precedent. THIS MATTER IS URGENT. 

Many people are aware that Owners Associations are prone to financial and other scams. Scams deter ownership as they cause foreclosures, stress, time and costs to owners, skyrocketing high monthly dues and thus high rent, damage of property, loss of value of property, and dis-service to tenants.

The scam described here adds to the danger of extortion of property under the pretense of law.

Scammers misused the law. By mandatory State Arbitratition Rules HRS658A, Rule 15 arbitrators are independent but must be overall fair, which is interpreted as “arbitrators are allowed to make SOME errors” and per Rule 23 the Court has to cancel improper arbitrations. The fraudsters twisted it to mean “arbitrators can make any and all errors and thus the court does not have to check.” This twist legalizes open corruption.

Hawaii's Attorney General refuses to investigate, FBI so far wanted only terrorist cases and finally took a report on this, so hopefully they will investigate and can be THE ONE  government agency that investigates white collar crimes and extortion in civil cases. That means that owning property in the USA is very dangerous. 

If the fraudsters can do this to me, they can do it to you. If they win this case, they will set a precedent. Anyone can just make up any claim against you they want to and then steal your life savings and your property.

PLEASE SIGN AND SHARE THIS PETITION!  

 

PETITION: 

WE DEMAND THE FOLLOWING: 

ATTORNEY GENERAL AND FBI INVESTIGATE HOA CRIMES AND STATE CORRUPTION; 

FORECLOSURE ON MY CONDO BE STOPPED IMMEDIATELY

ALL MY EVIDENCE BE LOOKED AT  BY THE COURT

PROPER JUDGES ASSIGNED TO THIS CASE

COURT RULES IN MY FAVOR 

 

REFERENCES:

In Hawaii, ALL REAL ESTATE SCAMS ARE HUSHED AND THERE IS FEAR OF EXPOSING THEM.  It is very questionable who in fact rules the islands as nobody enforces the USA laws.  Only the Civil Beat online newspaper not much read but the regular public reported issues of real estate extortion in Hawaii.  See “Oahu Condo Issues”  There has been an alarming number and increased severity in cases involving unethical practices within the real estate industry in Hawaii. These practices include massive illegalities, such as MASSIVE illegal non judicial foreclosures in 2016, extortion based on over bloated attorney fees like making $150 house rules fine into $50K of attorney fees leading to condo extortion in Mr. Warta's case, retaliations such as recent cover up of Board's theft of hundreds of thousands of dollars and Court support of it, and now court supported attorney misconduct and fraud and unfair unconstitutional arbitration trials such as in Milica B case. The property management company Associa HI managed this HOA until 2018 and law firm Porter Mc Guire Kaikona that sued Milica B are culprits in many of these stories. 

This is a national issue. Associa HI is a branch of Associa based in Texas. Associa HI sends HOA monthly dues to Arizona and Texas and then back to Hawaii. Hawaii condo law requires that all HOA money be kept in Hawaii banks. The bank used was Mutual of Omaha based in Nebraska, imported into Hawaii as CIT bank. CIT bank statements are cryptic. The only way to find out is to get the financial statements from the property management company, and they refuse to give it, although it is condo law in Hawaii that financials must be made available to owners (HRS514B). There is nobody who enforces it. I was sued when I requested financials. 

In Hawaii, lobbying against the protection of condo owners and extortion from condo owners by property management and their attorneys is rather common, making it unsafe for business.  The property management company Associa HI and law firm Porter Mc Guire Kaikona who are involved in this case are known for extortion, penetrating the government and lobbying against condo owners. Some of the legislators are their employees.

Hawaii has one the highest HOA dues, and Hawaii is one of the leading states with insurance complaints against improper behavior of Board members.  Hawaii as a state is known to be corrupt and is getting worse. 

·        Giving money to legislators is a problem in Hawaii and is getting worse: Click here to look up donors to Hawaii legislature (then use white line, not green line)  Corruption-at-the-hawaii-legislature-puts-campaign-donations-in-the-spotlight/ posted in February 2022 and subsequent 2023 articles about legally limiting contributions

·

For more details, check out the summary of this case  meant for law enforcement.

 That file was updated on May 5, 2024 and a new file was added with a national list of HOA crimes and abuse, showing this is a niche in white-collar civil crime that is overlooked by law enforcement and needs more attention.

There are many national groups of HOA owners sharing how they were scammed, wronged, violated and even lost their property. There are known cases of proven HOA crimes nationally. 

#HOAhell #HOAreform #HOAabuse #badHOA #realestate #Hawaii #corruption #judicial #legal #systemic #systemiccorruption #arbitration #unconstitutional #law #Hawaii #danger #dangerous #extortion #bananarepublic

 

 

 

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Mil barPetition StarterCondo owner unjustly persecuted in Hawaii. Stop extortion from condo owners!

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