Not affiliated with the AOAO or its counsel.
Not affiliated with the AOAO or its counsel.
ALL 146 RESIDENTIAL AND 5 COMMERCIAL UNITS HAVE THREE DEED RESTRICTIONS.
THE FIRST OF THREE DEED RESTRICTIONS REQUIRES A MANAGEMENT COMMITTEE AND OTHER CONDITIONS. THE SECOND AND THIRD RESTRICTION DECLARES THAT WHEN THE LEASE IS BOUGHT, THERE IS NO MORE RENT.
YOU CAN SEE IT IN YOUR OWN DEED. GO TO THE LEGAL DESCRIPTION EXHIBIT A.
AFTER THE DESCRIPTIONS OF THE FIVE PIECES OF LAND MAKING UP THE CANTERBURY PLACE LAND PARCEL, THERE IS A "SUBJECT, HOWEVER, TO:" WHICH HAS SEVERAL NUMBERED PARAGRAPHS. PARAGRAPH 5 (FOR NEARLY EVERYONE, PLUS OR MINUS A COUPLE FOR SOME FOLKS) LOOKS LIKE THE FOLLOWING:
5. The terms and provisions contained in the following:
FILED: Land Court Document No. 2609817
RECORDED: Document No. 2000-027224
PARTIES: CORINNE JEEN-TAU KONG, also known as CORINNE KONG, a …(LONG LIST OF KONGS) followed by two more related Agreements with similar (LONG LIST OF KONGS)
The text of the SUBJECT, HOWEVER, TO: Memorandum of Canterbury Place Co-Owners’ Agreement dated February 18, 2000, executed when the fee simple land was encumbered by a 100% leased fee Kong interest does not appear unless you go looking for it. The actual text appears only by reference, perhaps explaining how this AOAO power managed to hide from incompetent professional advisors in plain sight. The Agreement REQUIRED lease renegotiation and property decisions quoted verbatim as follows:
That the Kong Family, by Co-Owner’s Agreement dated February 18, 2000, the terms and conditions of which are hereby made fully and completely as if herein specifically set forth, have made material and essential covenants running with the land, which touch and concern the land as follows:
(1) collection of land rent due under the Master Lease through a licensed Hawaii collection agent, and withholding from land rent received, reasonable sums to pay estimated property expenses;
(2) Decisions related to property ownership, land rent negotiation and payment of related property expense be made by a Management Committee consisting of the land owners on behalf of all land owners which committee shall initially consist of the following three (3) members: Corinne Jean-Tau Kong, Vivien Puanani Tsin-Tau Kong Ho, and Raestelle Oi-Tau Kong Gorman;
(3) the waiver of all land owners rights to file and maintain a partition action under Chapter 668 of the Hawaii Revised Statutes to force the sale of the land described in Exhibit “A”; and
(4) all such terms and conditions of the Co-Owners’ Agreement shall continue until the expiration of the Master Lease for the land on June 30, 2061.
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