Motooka Rosenberg Lau & Oyama LLLC
Motooka Rosenberg Lau & Oyama represents more than 300 community associations ("Association") on all islands. Our clients include condominium associations, master/community associations and co-ops. We assist community associations in all facets of their operations from the interpretation of their Declaration, By-Laws and House Rules ("Governing Documents") and state law, drafting amendments to the Governing Documents, enforcing the Governing Documents and collecting delinquencies. Over the 30+ years of practice, we have assisted our clients in a wide array of matters and there is rarely a problem, which occurs, which we have not previously dealt with.
When our clients ask us to assist on enforcement of the Governing Documents, we attempt to resolve problems as amicably as possible, rather than to exacerbate the problem. We have found that this creates a "win-win" situation. The Association benefits from an acceptable resolution to the problem and the owner benefits from an amicable resolution without incurring additional liability for legal fees. Most importantly, it preserves the sense of community and reduces the tension created by an acrimonious fight between the Association and one of its members.
While we always strive for an amicable resolution to a dispute, in some instances, reason and logic fails. In those situations, our experienced litigation attorneys in our office are capable of resolving the dispute with the owner or tenant in mediation, arbitration or litigation. Having the capability of litigating the dispute if necessary often assists us in amicably resolving disputes.
We are committed to providing our clients with as much information as possible. As a courtesy to our clients, we present an annual law seminar to address the latest developments affecting Associations. We have featured guest speakers on crucial issues relating to Associations at the seminars. The seminars include complimentary printed materials and a meal. The last Motooka Rosenberg Lau & Oyama seminar was well attended and received.
Collections
As part of our representation of associations, we also handle the collection of delinquent maintenance fees or rent and we also represent the associations in foreclosure actions.
We recognize that no two clients and no two collection cases are the same. Some owners get behind on their payments and simply need a little extra time to catch up; others get in a hopeless situation in which a speedy foreclosure action is in everyone's best interests. We pride ourselves on having the flexibility to modify our procedures on a case-by-case and client-by-client basis. We never want a client to think a case has "gone to legal" and thus out of their hands. We find it highly beneficial to consult with our clients on a frequent basis during the collection process. This allows us to customize the process to meet the client's needs and the peculiar circumstances of each case.
We are well aware of the importance of assisting our clients by providing legal services as economically as possible. In addition, we are sensitive to the needs of our clients to proceed on collections in a timely and cost effective manner. Whenever appropriate, the work will be delegated to paralegals and associates. We have found that this insures that the collection work is done economically and expeditiously. We have established set fees for the preparation of demand letters and liens. The fees and costs of the preparation of the letters and liens are assessable against the delinquent apartment owners.
In doing the foreclosure work for our clients, we attempt to evaluate the likelihood that the Association will be able to collect any sums from the foreclosure action. When it is questionable whether the Association will be able to collect any money by either initiating or participating in a foreclosure action, we provide the Board with a collection analysis letter. We believe that it is in the Board's best interest to know whether it is worthwhile to initiate or participate in a foreclosure action. We also provide monthly status reports to the Board detailing the status of the various collection cases we are working on.
Our collection procedures can be adjusted to your preference. We strive to provide Boards with as much information as possible so that they do not needlessly spend money on attorney's fees when the likelihood of collection does not appear to be good.
For an overview of our standard collections policy and procedure click here.
Litigation
Motooka Rosenberg Lau & Oyama has experienced litigators capable of handling a wide range of client issues and concerns, including litigation prevention, mediation, arbitration and settlement negotiations. With extensive knowledge of Hawaii condominium and community association law, our attorneys can advise clients on a wide range of litigation and related matters. Of course, if a litigation is required, our attorneys' extensive courtroom experience is invaluable in obtaining results that satisfy the needs of our clients.
Based in Honolulu, we represent clients throughout the state. We handle cases on all major islands, and are cognizant of the subtle nuances of neighbor island courtroom practice. From simple, straightforward disputes between individuals to major multi-party litigation, we have the resources and ability to handle a wide spectrum of cases efficiently, effectively and in accordance with our clients' needs, concerns and budget.
Our experienced litigators are sensitive to the fact that, for most clients, becoming involved in a court case is almost always costly, unpleasant and threatening. From the beginning, we counsel and collaborate with our clients on options to arrive at a satisfactory solution at the least cost in time and money. Clients have come to trust and rely on our attorneys not only for their skills in court, but equally for their sound advice and counsel. We take very seriously our responsibility for our clients' welfare and well-being. It has been our firm's long-held view that in all legal problems, but especially in litigation, your attorney should be the solution, never the problem.
We are happy to discuss a variety of possible fee arrangements to suit different clients' specific circumstances. Please feel free to contact us. There is no charge for an initial consultation.