Turkish Coffee Or Universal Khaki? Another Honolulu Condo Dispute Goes To Court (Honolulu Civil Beat)
Image: Stewart Yerton/Civil Beat/2024
Sharman Miller thought she had settled the issue about the interior of her fence through mediation a decade earlier.
The crux of the dispute: the condo association wants the fence to be painted dark “Turkish Coffee” brown to match the outside of the fence. But Miller says that for 17 years she’s kept the interior of her fence painted a light tan, known as “Universal Khaki” — more the color of a soy latte than the dark coffee color that the board wants.
But instead of following the result of a 2013 arbitration proceeding, Miller says, her condo association this past April sent over a locksmith and a painter, along with a vice president from condo management company Cadmus Properties Corp., to enter Miller’s Hawaii Kai property where they intended to paint the offending fence without her consent.
Miller called the police and the trio left. The fence remained khaki.
Miller’s color scheme hardly stands out at Colony Marina, where she lives. The khaki color matches the exterior of the rows of town homes that make up the complex. And it’s only the interior of the fence that Miller has painted khaki. The exterior of the fence is Turkish Coffee. And the khaki portion of the fence is barely visible from outside Miller’s property.
What’s more, a recent visit to the complex found at least three of Miller’s neighbors have a similar color scheme: coffee outside, khaki inside.
Now the dispute has devolved into litigation. Miller has sued the Colony Marina condo association and its president, Andy Scontras, asking the Honolulu Circuit Court to make them honor a mediation agreement Miller says she and the board entered in 2013. (...)
The crux of the dispute: the condo association wants the fence to be painted dark “Turkish Coffee” brown to match the outside of the fence. But Miller says that for 17 years she’s kept the interior of her fence painted a light tan, known as “Universal Khaki” — more the color of a soy latte than the dark coffee color that the board wants.
But instead of following the result of a 2013 arbitration proceeding, Miller says, her condo association this past April sent over a locksmith and a painter, along with a vice president from condo management company Cadmus Properties Corp., to enter Miller’s Hawaii Kai property where they intended to paint the offending fence without her consent.
Miller called the police and the trio left. The fence remained khaki.
Miller’s color scheme hardly stands out at Colony Marina, where she lives. The khaki color matches the exterior of the rows of town homes that make up the complex. And it’s only the interior of the fence that Miller has painted khaki. The exterior of the fence is Turkish Coffee. And the khaki portion of the fence is barely visible from outside Miller’s property.
What’s more, a recent visit to the complex found at least three of Miller’s neighbors have a similar color scheme: coffee outside, khaki inside.
Now the dispute has devolved into litigation. Miller has sued the Colony Marina condo association and its president, Andy Scontras, asking the Honolulu Circuit Court to make them honor a mediation agreement Miller says she and the board entered in 2013. (...)
Miller says the board is retaliating against her for asking questions about association finances.
“Based on the Board’s threatening letters, even if Plaintiff decided to paint the fence ‘Turkish Coffee’ color, the Board would still be charging her for the fines and late fees allegedly ‘accrued’ in 2022 and 2023,” Miller’s complaint says. “The Board’s ongoing failure to provide the requested documents reinforces the fact that this is nothing more than a repeat of a decade of harassment.”
“Based on the Board’s threatening letters, even if Plaintiff decided to paint the fence ‘Turkish Coffee’ color, the Board would still be charging her for the fines and late fees allegedly ‘accrued’ in 2022 and 2023,” Miller’s complaint says. “The Board’s ongoing failure to provide the requested documents reinforces the fact that this is nothing more than a repeat of a decade of harassment.”
Chea Paet, a vice president with Cadmus Properties, said there indeed appears to be long-running animosity between Miller, who was board president a decade ago, and Scontras, the current board president.
Paet said it’s costing the association needless time and money to fight over something that could be solved with a $200 paint job.
“It’s really doing a disservice to her other owners and her community,” he said. (...)
“It’s really doing a disservice to her other owners and her community,” he said. (...)
Board Refuses Second Mediation
In July 2022, the board sent Miller another letter saying she would be fined if she didn’t paint her fence Turkish Coffee within seven days. In March 2023, the board escalated the threats, saying it would have the fence painted and charge Miller for a locksmith’s services if needed to get inside the gate of her property and onto her front lanai.
The board also said it would not resolve the dispute outside of court.
“Also, please note that the Association will not agree to mediation regarding this matter,” the letter said. “The AOAO may paint the common element fence as the BOD deems appropriate to maintain a uniform appearance, prevent damage, and protect property values.”
In July 2022, the board sent Miller another letter saying she would be fined if she didn’t paint her fence Turkish Coffee within seven days. In March 2023, the board escalated the threats, saying it would have the fence painted and charge Miller for a locksmith’s services if needed to get inside the gate of her property and onto her front lanai.
The board also said it would not resolve the dispute outside of court.
“Also, please note that the Association will not agree to mediation regarding this matter,” the letter said. “The AOAO may paint the common element fence as the BOD deems appropriate to maintain a uniform appearance, prevent damage, and protect property values.”
On April 15, Paet, the property manager, showed up with a painter and locksmith. Miller called the police.
by Stewart Yerton, Honolulu Civil Beat | Read more:
Images: Stewart Yerton
[ed. I was going to say something snarky, but some stories just speak for themselves.]
[ed. I was going to say something snarky, but some stories just speak for themselves.]
