Not affiliated with the AOAO or its counsel.
Not affiliated with the AOAO or its counsel.

Click Here for AOAO website at www.CanterburyPlace.net for AOAO official postings
The AOAO’s new agreement increases our ground lease rent by more than 15×. We believe this deal is unfair, illegal, and void. Hawaii law and the Master Lease entitle us to independent lessee counsel like we had for the Sandwich Lease, and mandatory arbitration to obtain a fair valuation. We must act now to enforce our rights under Hawaii Law and the Master Lease.
Rick & Janine Green 24A 808-753-6336 info@CanterburyLeasing.net
A 10-year lease rent reset has dramatically increased costs for 54 Canterbury Place residential owners and the commercial.
- The Master Lease rent for July 1, 2025 – June 30, 2035 has been renegotiated and signed between the AOAO and the Kongs.
- Total ground rent jumps from about $42,000 per year to approximately $665,000 per year.
- For many leasehold residential units, monthly payments increase from under $55 to over $800 – roughly a fifteen-fold increase. Other units have larger or smaller impacts. Commercial went from $603 monthly to $9300 per month.
OUR POSITION:
These increases result from serious legal and valuation errors by "experts." We believe we should have independent lessee counsel appointed, the agreement should be challenged in court and put on hold, and rent set by an impartial arbitration as the Master Lease requires.
- Appointment of independent Hawai'i counsel to represent all lessees in the master lease rent renegotiation as required by Hawaii statute, like we had for the Sandwich Lease renegotiation and buyout.
- Request court put AOAO agreement on hold. No increase or lump sum rent payments until a judge reviews AOAO agreement, signed by AOAO without authority or your vote.
- Obtain a court order to arbitrate for fair valuation by enforcement of the Master Lease required arbitration clause, because negotiation deadline has long passed.
- Use of appraisal methods that account for minority interest discounts and existing encumbrances.
- Force Kong Lessors back to the negotiating table for buyout, to improve property values in the entire building, so we do not have to go through this again in nine years.
- Transparent communication with all residential and commercial leasehold owners at Canterbury Place.
1. No Independent Lessee Counsel (HRS § 514B-151(c))
The AOAO is a sublessor – Hawaii law requires independent counsel for the lessees, like we had for the Sandwich Lease renegotiation.
- HRS § 514B-151(c) states that when an association is a lessor or sublessor, it shall appoint independent counsel to represent lessees in rent renegotiations.
- The AOAO has been a sublessor for eight unpurchased sandwich leases since 2019, retaining a substantial monthly profit on those units.
- No independent lessee counsel was appointed for the master lease rent reset.
2. Mandatory Arbitration Was Skipped
The Master Lease says: if no agreement is reached 90 days before the new term (April 2, 2025), rent SHALL be determined by arbitration. Our right to fair and impartial evaluation has been waived against all lessees, without even asking us.
- The Master Lease requires written agreement on fair market value at least 90 days before the new term (April 2, 2025) or the rent "shall be determined" by arbitration.
- Arbitration is intended to protect us from such an outcome. No written agreement was reached by the deadline, yet negotiations continued and an agreement was signed anyway.
- Any authority the AOAO had to negotiate expired when the deadline passed; only an arbitration panel now has the power to set the rent.
3. The Valuation Is Grossly Inflated
The deal assumes a land value of $24 Million. Initial Monarch estimate October 2024 $19.5 Million. The Tax Assessor values it at $8 Million.
- The agreed rent assumes a $24 million fee simple land value at 6% per year, even though the Kongs own only a 46.1754% undivided minority interest.
- Standard appraisal practice, the IRS and case law in many other states recognizes that fractional, non-controlling interests must be discounted for lack of control, marketability, liquidity, and encumbrances.
- The AOAO accepted a value that ignores this, forcing us to pay for the experts' mistakes. We are entitled by the Master Lease to a fair and impartial valuation to set our rent.
4. No Authority for Retroactive Rent
- The lease required agreement by April 2, 2025 or mandatory arbitration. Failure of Lessor to agree does not entitle Lessor to retroactive rent.
- There is no statute or lease provision authorizing retroactive rent.
- If Lessor anticipates retroactive rent, no incentive to get an agreement.
- Lessor delayed until almost December to get agreement with nothing to lose and no incentive to sell.
A modest shared investment now could protect every leasehold owner for the next decade and beyond.
- Estimated cost: Roughly $5,000 per unit after the commercial units contribute their share toward legal and arbitration fees.
- Commercial Agrees: Commercial is committed to their share which could be $50,000.
- Breakeven point: A reduction of just $100/month in residential lease rent would recover your $5000 costs in about 5 years, with pure savings in the remaining 5 years of this term.
- Upside: Proper valuation of the minority interest encumbered parcel could yield significantly larger reductions with limited downside risk.
- If we have to fight twice as long and spend twice as much, breakeven is still 10 years. This is our best chance to reduce this payout and potentially reach a buyout.
- Without this challenge, you are locked into the higher rate for 10 years. And then the same process will be used against us at the next reset – AGAIN! We had independent counsel for the Sandwich Lease, and we got a buyout.
- Locked into the current inflated rent for 10 years.
- Same approach likely repeated at the next reset.
- No independent review of legal or valuation errors.
- Enforce statutory rights to independent counsel and arbitration.
- Give qualified experts and arbitrators a chance to correct errors.
- Potentially save hundreds of dollars per month, per unit, for years.
FORCE LESSOR SALE NEGOTIATIONS!
- Former Navy Real Estate Director (6 Years): Acquisition, management, leasing and disposal of all Navy real estate in Hawai'i (Pearl Harbor, Marine Base Kane'ohe, PMRF Kaui'i, etc.).
- Federal real estate executive (11 years) in senior positions with the FDIC, U.S. Army Corps of Engineers, and the VA. Worked on bank failures from 2010 to 2014 at the FDIC. I was responsible for closing banks, evaluating nationwide loan and real estate assets acquired from failed institutions, and liquidating those assets. I was selected by FDIC to attend the two-year Southwest Graduate School of Banking master’s program in banking at SMU, from which I graduated with honors
- Practicing attorney with a strong real estate background for nearly 20 years before entering federal service; an active member of the Bar in Florida since 2002 and District of Columbia since 1993, and inactive in several more states.
- On graduation from law school 1993, I leveraged my background with clients including two banks and private lenders for loan workout and real estate asset liquidation.
- Licensed real estate broker in Hawai'i for the 11 years we have lived at Canterbury Place. - I am also a licensed real estate broker in Florida, where we owned a multimillion-dollar real estate agency with 40 agents. I have been an actively and continuously licensed Real Estate Broker in multiple states for over forty years. My wife Janine has had a real estate license longer than I have. Represented FNMA, FHMLC, and multiple lenders during the 2007 financial crunch in the acquisition, management, evaluation and liquidation of distressed properties.
- From 1985-1990, Commercial Credit Officer and Credit Manager for a billion-dollar regional commercial bank. Responsible for all credit analysis, asset evaluation and loan workout functions team during the period including the 1987 financial crisis.
- Retired from government 2024. Currently assisting fellow disabled veterans with VA claims.
DISCLAIMER:
I am not a Hawai'i lawyer. This site does not provide legal advice. Its sole purpose is to inform and educate fellow lessees and organize support so we can hire independent Hawai'i counsel to represent us, as required by law, and get fair lease valuation by arbitration, as required by our Master Lease.

RICK GREEN - 24A. CLICK FOR MORE ABOUT ME AT MY PERSONAL WEBSITE
Rick & Janine Green 24A 808-753-6336 info@CanterburyLeasing.net
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