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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.

Daniel serves on the firm’s Executive Board and is actively involved in the following professional associations:

  • College of Community Association Lawyers (CCAL), National Membership Committee, Chair, 2017-present; Board of Governors (CAI National), January 2020-present
  • Community Association Institute (CAI), Wisconsin Chapter, Member of the Board of Directors, 2006-2012, 2019-2020; Former Legislative Action Committee Chair, 2013-2018; Former Chapter President, 2011-2012
  • Milwaukee Bar Association, Courts Committee
  • State Bar of Wisconsin

“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, 2012-2021, Commercial Litigation, 2013-2021; Real Estate Law, 2019-2021
  • 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
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.
  • Represented Milwaukee County real estate LLC when co-founding member misappropriated funds and engaged in self-dealing. After filing suit to dissolve LLC and for monetary damages based on civil theft, negotiated settlement in which defendant relinquished complete real estate interest, 50 percent of company – $750,000 value.
Blog | September 16, 2020
Improper Amendments Are VERY Expensive
Blog | May 27, 2020
COVID-19 & Bankruptcy
Blog | April 22, 2020
Assessment Collections and COVID-19
Blog | February 20, 2019
When is a Business NOT a Business?
Blog | January 02, 2019
When Are Fees Unreasonable?
Blog | September 12, 2018
Know Your Governing Documents
Blog | August 22, 2018
Banning Short Term Rentals
Blog | August 08, 2018
Negligence and the Association
White Papers | July 11, 2018
2018 Condominium Statute Amendments

What Every Condominium Association Must Do

Blog | March 19, 2018
2018 Condo & HOA Issues
Blog | February 05, 2018
You Can’t Do That
Blog | January 30, 2018
Elections from Hell
Blog | January 24, 2018
Bored – Then Run for the Board
Webinar | September 25, 2020
The 10 Commandments of Association Management Plus Collections!

Association Academy

Seminars | October 24, 2019
Association Academy: Collections
Seminars | September 11, 2019
Association Academy: Insurance
Seminars | February 21, 2019
Association Academy - Myth Busters!
Seminars | 09/21/2018
Association Academy

Please join Husch Blackwell for a seminar that will explore how your Association can better protect its assets through smarter contracting.

Seminars | February 23, 2018
Association Academy 2018
Seminars | February 21, 2018
Association Academy February 2018
Seminars | October 5, 2017
Association Academy October 2017
News Releases | August 15, 2019
Husch Blackwell Places 143 Lawyers in 2020 BL Rankings' Best Lawyers in America®

The firm has eight "Lawyers of the Year" and 11 attorneys appearing on the list for the first time.

News Releases | April 04, 2019
JD Supra Honors Three Husch Blackwell Thought Leaders

The Readers’ Choice Awards reflect a deep dive into JD Supra's reader data in 26 established categories.

News Releases | August 15, 2018
Husch Blackwell Places 143 Lawyers in 2019 BL Rankings' Best Lawyers in America®

The Best Lawyers in America® has listed 143 Husch Blackwell attorneys in its 2019 directory. The firm has eight "Lawyers of the Year" and five attorneys appearing on the list for the first time.

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

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