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Penny (P) owned a unit in Hale Kaanapali. Hale Kaanapali Hotel Associates (D) called a special meeting within the condo association for the purposes of amending the Declaration to change common ground to exclusive usage for D. D controlled 76.83% of the votes, and its proposed amendment was approved. P sued to stop the implementation of the amendment as the only way the Declarations could be changed was on 100% approval. D contends that the amendment is merely a change in the use of the common elements and therefore only 13(d)(1) law applies and that it has the 75% of the vote needed for such a change in use.

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