On August 13, 2014, the HAWSCT accepted cert in Clarence O. Furuya and Lona Lum Furuya v. Association of Apartment Owners of Pacific Monarch, Inc., et al., SCWC-30485, on issues related to the sale of limited common elements between an AOAO and an apartment owner.
The underlying case began when Furuya sued the AOAO for the failure to include the lease fee interest of certain limited common elements in the sale of their apartment. – specifically 106 parking stalls. Furuya also claimed to be entitled to certain of the parking stalls because they had been converted and used as a laundry facility. The AOAO counterclaimed, arguing that Furuya had failed to timely close on the purchase of the parking stalls, and for unjust enrichment. After some claims were dismissed, the circuit court ultimately ruled in favor of Furuya. Both parties appealed, and raised numerous issues. The ICA vacated, in part, and affirmed, in part.
On cert, Furuya argues that the ICA erred by (1) misinterpreting the AOAO governing documents contrary t their plain language and intent, and contrary to governing law in a way that impermissibly allows the AOAO to not offer an individual lessee a leased fee interest after it is acquired by the AOAO, (2) holding that Furuya waived the AOAO’s admission that no contract was formed even though it also ruled in the AOAO’s favor based on its claim that no offer had been made even though, according to Furuya, the issue had also been waived, and (3) affirming the circuit court’s decision related to the promissory estoppel claims.
In a cross-application for cert, the AOAO argues that the ICA erred by (1) holding that the governing documents did not obligation the apartment owner to pay for parking, (2) holding that the governing statute did not create an independent obligation of the owner to pay rent to the AOAO, and (3) in deciding in the Furuya’s favor on their unjust enrichment claim.
Oral Arguments will be held at the HAWSCT courtroom on November 24, 2014 at 3:30 p.m.
The HAWSCT’s order accepting cert is available here.
Furuya’s application for cert is available here .
The AOAO’s application for cert is available here.