Jabre v. Association of Apartment Owners of Ka'iulani of Princeville

── Jabre v. Association of Apartment Owners of Ka'iulani of Princeville ── Court: Hawaii Intermediate Court of Appeals Date: April 29, 2026 Category: General NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 29-APR-2026 07:57 AM Dkt. 52 SO NOS. CAAP-XX-XXXXXXX and CAAP-XX-XXXXXXX IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAIʻI CAAP-XX-XXXXXXX MICHEL JABRE and MARILYN WHITEHOUSE, Plaintiffs-Appellants, v. ASSOCIATION OF APARTMENT OWNERS OF KA‘IULANI OF PRINCEVILLE, Defendant-Appellee, and CAAP-XX-XXXXXXX MICHEL JABRE and MARILYN WHITEHOUSE, Plaintiffs-Appellants, v. ASSOCIATION OF APARTMENT OWNERS OF KA‘IULANI OF PRINCEVILLE, Defendant-Appellee APPEAL FROM THE CIRCUIT COURT OF THE FIFTH CIRCUIT (CASE NO. 5CSP-XX-XXXXXXX) SUMMARY DISPOSITION ORDER (By: Hiraoka, Presiding Judge, Wadsworth and Guidry, JJ.) These consolidated appeals arise out of an arbitration proceeding between Plaintiffs-Appellants Michel Jabre and  NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER Marilyn Whitehouse (Owners) and Defendant-Appellee Association of Apartment Owners of Kaʻiulani of Princeville (AOAO). Owners appeal from the Circuit Court of the Fifth Circuit's (circuit court) 1: (1) June 24, 2024 "Order Granting [AOAO's] Motion to Modify the Final Award in DPR No. 22-0639-A, Dated January 16, 2024 [Dkt. 18] and Denying [Owners'] Amended Motion for an Award to Confirm the Arbitration Award of the Arbitrator, Dated January 16, 2024 in DPR No. 22-0639-A and for Judgment in Conformity Therewith" (Order to Modify); (2) December 23, 2024 "Order Granting [AOAO's] Amended Motion for Award of Attorneys' Fees and Costs as Prevailing Party on Motion to Modify Final Award, [Dkt 50], Filed July 8, 2024"; and (3) April 21, 2025 "Final Judgment." This case involves a dispute over the AOAO's amendment of its Declaration to allow lanai additions, including support pillars, for some of the units. The dispute was arbitrated. On January 16, 2024, the arbitrator entered his "Decision and Final Award of Arbitrator" (arbitration award), which invalidated the amendment and described what the AOAO had to do to validly amend its Declaration. Owners moved to confirm the arbitration award. The AOAO moved to modify the arbitration award, contending the arbitrator made a mistake of law. The circuit court granted the 1 The Honorable Randal G.B. Valenciano presided. 2  NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER motion to modify and awarded the AOAO attorneys' fees and costs. Owners appeal. Owners set forth six points of error 2 on appeal, contending that the circuit court erred by: (1) "exceeding its authority to modify the arbitration award under [Hawaii Revised Statutes (HRS)] §[ ]658A-24[ (2016)]"; (2) "holding that the arbitrator's use of [Penney v. Ass'n of Apartment Owners of Hale Kaanapali, 70 Haw. 469, 776 P.2d 393 (1989)] was a mistake of law"; (3) "holding that a mistake of law was grounds for modifying an arbitration award"; (4) "overlooking the established policy that gives deference to arbitration awards when modifying the arbitration award"; (5) "enter[ing] its order granting [AOAO's] motion for attorneys' fees and costs"; and (6) "enter[ing] [the] Final Judgment." Upon careful review of the