My name is Milica Barjaktarovic, I have lived in Hawaii for the last 20 years. I am a whistleblower condo owner in a HOA's ridden by financial and other scams.. The HOA SLAPP sued me in retaliation, in a frivolous lawsuit without evidence.
Just the lawsuit against me is related to more than $1 million scam by the HOA management, and it exposes a well connected extortion network throughout Hawaii legal and judicial system. All numbers in this writeup are approximate.
THE PRESIDING JUDGE ON MY CASE WAS MOST RECENTLY A PARTNER OF A LAW FIRM WORKING AGAINST ME on behalf of HOA insurance..
THIS CONFLICTED JUDGE HAS BEEN PRESIDING OVER INTERMITTENT RULINGS ON MY CASE AND IS ASSIGNED TO PRESIDE OVER THE FINAL RULING. ALL THESE RULINGS ARE BASED ON BRIEFS WRITTEN BY HIS EX PARTNERS AND SO FAR WERE ALWAYS UNFAIR AND IN THEIR FAVOR.
EXISTING RULINGS IGNORED PROOFS OF FRAUD IN THE BRIEFS OF EX-PARTNERS, NEVER QUOTED ANY FACTS FROM THE CASE, QUOTED AN UNRELATED CASE TO JUSTIFY TAKING MY CONDO, AND IGNORED ALL MY EVIDENCE. The rulings allow HOA to foreclose on my condo asap.
This Judge was presiding on temporary panels for intermittent rulings and has repeated rulings of his predecessors. This Judge, his ex partners and other temporary panels Judges never disclosed any conflict of interest and denied my request to recuse themselves.
This Judge and two more judges with conflict of interest and improper previous rulings are assigned to preside over the final ruling on my appeals case, also based on a brief written by his ex partners and proven to be based in fraud. Hawaii is that corrupt.
Four attorneys from this Judge’s ex law firm used fraud and malpractice on behalf of HOA insurance. The insurance knows about it. Complaints to insurance and to Hawaii watchdogs have been ignored (DCCA, Judiciary Misconduct, Bar Disciplinary, Attorney General, US Hawaii attorney, Governor, ombudsman, etc.) .
It started as HOA management hiding their $400,000 scam and then balooned to over $1 million scam in SYSTEMIC extortion.
By 2020, the HOA management caused estimated at least $200,000 damages to the roof and building and planned to improperly spend $200,000 of HOA funds. I exposed it and required fixing it. In an attempt to silence me and avoid paying for damages, the HOA sued me in retaliation.
The HOA pulled insurance, attorneys, arbitrator, Circuit Court and Appeals Court Judges colluding in HOA favor to make this case into more than $1.5 million dollar white collar crime and extortion, including essentially stealing my $400,000 condo plus extorting more than $500,000 from all HOA owners and causing damage of more than $200,000 to the building property and additional loss of value of the property as we lost roof recreation area and so on. Our HOA is small, only 12 units, so these are significant burdens to individual owners. So far, other owners vote for the HOA leaders as they provide perks. See details below. All dollar amounts in this writeup are approximate.
See the 8 minute video showing the building and the lawsuit. https://youtu.be/-9APyfVG57o
Right now the HOA is foreclosing on my condo and I need your help to keep my condo. The Courts ignore all evidence in manifest disregard of law, saying "arbitrators are allowed to make mistakes" The truth is that the law mandates that arbitrators are not allowed to make too much mistakes. The law specifies when an arbitration is improper and that the Court has to weed out improper arbitrations. The arbitrators and Court in Hawaii ignore federal and state arbitration rules and other mandatory laws, rules and regulations and, if not stopped, would set a precedent to legalize unfair trials and extortion and abuse anyone in Hawaii and eventually the USA.
Please sign and share this petition, please bring media and public attention to the severe real estate malpractice.
This lawsuit is a rather “smart” scam spearheaded by someone who claims (without proof) to be an ex Navy Seal so I will present the story from several angles to make sure that you can follow.
I am an engineering major who is good at solving problems and not so good at writing, and English is my third language, so please pardon any lack in my writing. I will do my best to help you understand this clever crime.
Below is the link to a video that describes the building and the lawsuit. Further down, there are descriptions in words and image.
(SLAPP stands for "strategic lawsuit against public participation", a lawsuit that sues those who freely speak up with the intent to silence them and to discourage others from speaking up.)
Right now the HOA is foreclosing on my condo and I need your help to keep my condo. Please sign and share this petition, please bring media and public attention as to what is happening in Hawaii.
Your signature will help to stop setting the precedent of allowing unconstitutional unlawful ruling that “arbitrators are allowed to make any and all mistakes and the Court does not have to check”
My goals are:
· To get the attention of the Appellate Court so that it will fairly examine my evidence and rule in my favor.
· Expose the HOA and the arbitration/judicial/legal system that propagated this unlawful lawsuit process and ruling.
Below is solid proof that the arbitrator ruled unfairly against me. All this evidence and linked documents have already been submitted to the Court and the Court ignored it.
My unit 301 was modified by an owner who lived there in 2002, 21 years ago. There are no documentation from that time, but there is testimony that Unit 301 was supposed to be the model for redoing all other units.
There have been 3 other owners until I bought the unit in 2017. I am the fifth owner of the unit, I bought it 15 years after it was modified, and yet I am the first owner who was persecuted to redo the modifications.
In 2010, the HOA had three modified units: one modified in 2004 by the same owner who modified Unit 301 in 2002, and another unit modified by a whistleblower in 2009.
· In 2010 The Board claimed that modifications to Unit 301 were approved by the previous Boards and and encouraged all owners to copy the back wall of Unit 301. See Dkt#160 p16.
· In December 2010, the Board wanted to force owners of the three modified units to return just the front wall to the original design for the sake of cosmetic appearance and leave all other modifications as-is [see AOAO exhibit C17 December 8, 2010 demand letter]. This demand was never enforced and was ignored in the future. What I was sued for is much larger in scope and contrary to the 2010 demand.
· In 2010, The Board also approved one owner to copy the back wall of Unit 301 [see Exhibit 89 December 8, 2010 demand letter].
· Owners voted to grandfather all Unit 301 modifications in March 2018 [March 2018 annual owner meeting minutes]. The HOA announced to the owners that the vote passed and never indicated otherwise yet sued in 2020.
· Since 2018, six (6) other units of Board members and supporters have put in similar modifications without approval. The HOA fraudulently claims these modifications are approved [see AOAO exhibit C5, the picture below]. It is certain that there is no proof of approval. The owners who did these modifications and/or fraudulently claim them approved were HOA witnesses and/or were/are on the Boards suing me and the current owners vote for them.
By a chance due to covid, this case was initially re-assigned to a proper Judge who ruled that HOA has no sufficient evidence. See Dkt#58. The HOA has not gotten any additional evidence since. We went to arbitration afterward "to save time" and arbitrator acted as a HOA advocate. The case then went back to the original biased Circuit Court Judge and then conflicted Appellate Judges.
· All this critical evidence was cut out, refused, denied or ignored in arbitration and ignored by Circuit and Appellate Courts.
Right now the HOA is foreclosing on my condo and I need your help to keep my condo. Please sign and share this petition, please bring media and public attention as to what is happening in Hawaii.
Your signature will help to stop setting the precedent of allowing unconstitutional unlawful ruling that “arbitrators are allowed to make any and all mistakes and the Court does not have to check”
Please sign and share this petition NOW!
This is a short video that shows some of the issues https://youtu.be/-9APyfVG57o
You can further help this campaign by sponsoring it
The Stop Real Estate Extortion, Legal Malpractice and HOA abuse in Hawaii NOW petition to US Hawaii attorney was written by Mil Bar and is in the category Business at GoPetition.