⚖ Oral Arguments, with Context

The Ninth Circuit considers Bowa Estates Limited versus the Association of Apartment Owners of Wailea Point Village. The association amended the property declaration to raise the minimum lease term from thirty days to three hundred sixty-five days, with approval from more than seventy percent of owners. The district court upheld the amendment. The owners say Section Ten required unanimous consent because the amendment changed a restriction on apartment use. The association says the declaration's sixty-seven-percent rule applied because the change did not alter a fundamental purpose or use. After this argument, the Ninth Circuit reversed. It read Section Ten to require unanimous consent for any change to a restriction on apartment use.

Bowa Estates Ltd v. Association of Apartment Owners of Wailea Point Village (No. 25-6258) — U.S. Court of Appeals for the Ninth Circuit, argued June 25, 2026.