Stop Unjust Legal Charges to Condominium Owners


Stop Unjust Legal Charges to Condominium Owners
The Issue
When condominium boards hire attorneys on behalf of their associations, the fees should be paid entirely from association funds, which owners pay into with their monthly maintenance fees. Instead, board directors have retaliated against owners' disapproval of board policies and actions, by hiring attorneys against dissenting owners and unlawfully charging owners the legal fees. These fees drastically escalate when their original payment demand is not met, and are a result of failure of attorneys to limit their fees to 25% of the original amount. This has led to loss of owners' properties in Hawaii as well as in the rest of the United States.
If condo board directors were rightfully required to pay for attorneys they hire with association funds, they would refrain from excessive, wrongful and retaliatory spending.
We, the owners of condominium units in Hawaii, recognize that when our board directors, as representatives of our condominiums, hire legal assistance, the condominium associations and their boards, not the individual owners, are the attorney's clients responsible for legal fees. We further understand that legal bills associations pay should apply to any and all cases except the collection of owners' delinquent maintenance fee payments for which collectors' fees should not exceed 25% of the original delinquent sum. Retaliatory charges of legal fees to individual owners by boards have caused loss of our homes, and we consider these illicit fees violations of our rights as owners to oppose or criticize board and/or management companies. We support the proposals of 2024 Hawaii Senate and House legislation prohibiting wrongful legal fee charges to owners.
NOTE: I, the petitioner do not personally receive any proceeds from monetary contributions. I deeply appreciate your signatures and any contributions to the efforts of this drive.
The Issue
When condominium boards hire attorneys on behalf of their associations, the fees should be paid entirely from association funds, which owners pay into with their monthly maintenance fees. Instead, board directors have retaliated against owners' disapproval of board policies and actions, by hiring attorneys against dissenting owners and unlawfully charging owners the legal fees. These fees drastically escalate when their original payment demand is not met, and are a result of failure of attorneys to limit their fees to 25% of the original amount. This has led to loss of owners' properties in Hawaii as well as in the rest of the United States.
If condo board directors were rightfully required to pay for attorneys they hire with association funds, they would refrain from excessive, wrongful and retaliatory spending.
We, the owners of condominium units in Hawaii, recognize that when our board directors, as representatives of our condominiums, hire legal assistance, the condominium associations and their boards, not the individual owners, are the attorney's clients responsible for legal fees. We further understand that legal bills associations pay should apply to any and all cases except the collection of owners' delinquent maintenance fee payments for which collectors' fees should not exceed 25% of the original delinquent sum. Retaliatory charges of legal fees to individual owners by boards have caused loss of our homes, and we consider these illicit fees violations of our rights as owners to oppose or criticize board and/or management companies. We support the proposals of 2024 Hawaii Senate and House legislation prohibiting wrongful legal fee charges to owners.
NOTE: I, the petitioner do not personally receive any proceeds from monetary contributions. I deeply appreciate your signatures and any contributions to the efforts of this drive.
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Petition created on November 26, 2023