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“Attorney Miske did an outstanding presentation to the jury … he is an outstanding lawyer.”

Judge, Waukesha Circuit Court

Overview

One of only two Wisconsin attorneys admitted to the national College of Community Association Lawyers, which recognizes excellence in the practice, Daniel represents condominium and homeowners associations (HOAs) throughout the state.

He handles the many issues facing the boards of directors and managers of condominium associations, homeowner associations, cooperatives and timeshares, including document amendments, collections, contracts, rules and governance. 

Daniel’s interest in condominium law started when he became a condo owner and, eventually, president of his condominium association. He relates well to his clients because he can identify with the complexities of condo ownership and the diversity of the legal challenges that boards and managers confront.
 

“Attorney Miske did an outstanding presentation to the jury … he is an outstanding lawyer.”

Judge, Waukesha Circuit Court


Industry

Services

Recognition

  • The Best Lawyers in America, Litigation - Real Estate, 2012-2019, Commercial Litigation, 2013-2019; Contruction Law, 2019
  • Martindale-Hubbell AV Preeminent
  • JD Supra Readers' Choice Awards, Top Author: Real Estate, 2019

Education

  • J.D., DePaul University College of Law
  • B.S., Marquette University

Admissions

  • U.S. District Court, Eastern District of Wisconsin
  • Wisconsin
  • U.S. District Court, Western District of Wisconsin
  • U.S. Court of Appeals, Seventh Circuit

Professional Associations and Memberships

  • College of Community Association Lawyers, Membership Committee, National Chair, 2017-present
  • Community Association Institute, Wisconsin Chapter, Member of the Board of Directors, 2007-2013, 2019-present; former Chapter President 2010-2012; Former Legislative Action Committee Chair 2013-2018
  • Milwaukee Bar Association, Courts Committee
  • State Bar of Wisconsin
Featured Experience

Condominium Association Obtains Favorable Results in Mediation

While representing a condominium association, Daniel and his team filed a notice of arbitration for $5.5 million against the developer over construction defects. In its response, the developer admitted no liability and advised it had no assets. After reviewing facts supported by two engineering reports, the developer agreed to mediation. In mediation, Daniel suggested creative strategies for maximizing payments from the developer to the association. In addition to the developer paying $200,000 up front to the association, the developer transferred 75 percent of the remaining units (without mortgages) to the association and control of the parking structure.


Additional Experience
  • Represented construction company for collection action against business owner and insurance company for fire restoration work based on signed contract. Jury awarded client all collections sought, plus $30,000 of punitive damages. Judge then awarded client $100,000 attorney fees. Jury awarded nothing on business owner's $500,000 plus counterclaim for construction deficiencies and delays in completion.
  • Represented condominium association in case against unit owner whose air conditioner dripped water and caused damage to unit below and common element. Unit owner refused to make repairs or pay repair costs of less than $1,000. Unit owner refused to settle with association for $1,500, including attorney fees. After trial, judge awarded association all damages, costs and attorney fees, resulting in collection of more than $39,000.
  • Represented door manufacturer in which client won $1.5 million jury verdict against manufacturer of defective paint.
  • Wrote amendment to Wisconsin Condominium Act and chaired legislative action committee supporting passage of law allowing condominium associations to amend declarations by more easily obtaining mortgagee approval.
  • Aggressively collected more than $9 million as a result of delinquent accounts for Wisconsin condominium associations.
  • Developed procedure for Wisconsin condominium association emotional support animal requests.
  • Defended Wisconsin condominium association against unit owner's claims of discrimination and breach of fiduciary duty, prompted by association's refusal to ban smoking in all units. Association won its motion for summary judgment before trial and was awarded frivolous costs and fees. Appellate court affirmed ruling.
  • Advised Wisconsin condominium association regarding quiet title action against lender to clear way for repair and sale of foreclosed unit.
  • Counseled numerous Wisconsin condominium associations on procedures needed to properly run meetings, deal with difficult owners and fine residents or unit owners for violation of association documents.
  • Advised Wisconsin association that faced significant collection issues as result of mismanaged files and errors by former counsel. Association collected more than $25,000 from prior attorney.
Thought Leadership
Blog Posts
When Are Fees Unreasonable?
January 02, 2019
Know Your Governing Documents
September 12, 2018
Banning Short Term Rentals
August 22, 2018
2018 Condo & HOA Issues
March 19, 2018
You Can’t Do That
February 05, 2018
Elections from Hell
January 30, 2018
View all
Outside the Office

Daniel enjoys spending time with his wife, Cindy, playing recreational golf and skiing.  He has three children and one grandchild who make his days complete.

Though he can ski in snowy Wisconsin, Daniel prefers to vacation out West, skiing with family and friends.

Daniel also plays on a softball league in Cedarburg, Wisconsin.

Community Leadership

Daniel volunteers as a church youth leader, serving as an adult role model for high school kids.

He and his wife, Cindy, meet every week with a Bible-based youth group to connect and build rapport with teens. The young adults share their thoughts about life and often continue the relationships after they move on to college.

Daniel’s additional community leadership includes:

  • Christ Church, Youth Leader, 2010-present; President, 2012-2015
  • Mequon-Thiensville Education Foundation Board, 2010-2013
  • North Shore Country Club, President, 2009; Board of Directors, 2007-2009
Legislative Author

Daniel wrote an amendment to the Wisconsin condominium statute.

Traditionally, condominium associations in the state had to obtain mortgagee (bank) approval to amend declarations. To make it easier for condominium boards to amend their declarations, Daniel authored an amendment to the statute stipulating that a condominium association’s amendment request is deemed approved if the bank has not responded within 60 days. The amendment was signed into law by Gov. Scott Walker in 2018.

Follow Daniel on Twitter