Ohio Condominium & HOA Law Blog

At the 2017 Community Association Law Seminar, presented by the Community Association Institute's College of Community Association Lawyers, Kaman & Cusimano partner Bob Kmiecik was inducted into the College of Community Association Lawyers.  Bob joins partners David Kaman, Jay Cusimano, and Darcy Good in CCAL, along with approximately 150 attorneys around the country.  CCAL inducts attorneys who have dedicated their careers to community association law, and have demonstrated excellence in the profession.
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Kaman & Cusimano, LLC partner Kate Bushey was recently named to Super Lawyers magazine's 2017 list of Rising Stars.   Only 2.5% of attorneys in Ohio receive this distinction, who have shown to demonstrate excellence in their practice.  Congratulations Kate!!!
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Kaman & Cusimano attorneys, Darcy Mehling Good, Partner, and Magdalena Myers, were in Columbus this week as part of the Community Association Institute Legislative Action Committee’s 4th Annual Legislative Breakfast to promote legislation that will benefit Ohio’s condominium and homeowner associations. More than 60 people attended the event on Wednesday, March 9, 2016, providing ample opportunity for the committee’s members to discuss why it is so important to improve disclosure requirements and regulate private utility brokers.  Additionally, members of the Ohio LAC specifically requested support for HB 226, which, if passed, would create a “Super Lien” for condominium and homeowner associations in Ohio.  This is particularly important to Partner Darcy Mehling Good, Chair of Ohio LAC, who pointed out that in the years since “Super Lien” legislation was first introduced in Ohio, nine other states have adopted it, bringing the total number of states that have a “Super Lien” to twenty-two.
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Kaman & Cusimano partner Kate Bushey presented at the national CAI College of Community Association Lawyers' Law Seminar in New Orleans today on "Wouldn't Debtors' Prisons Be More Effective."   Kate's presentation discussed the interplay between the FDCPA, bankruptcy, and assessment collections for community associations.  Great job, Kate!
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Kaman & Cusimano attorney Erika Finley recently assisted a gated community client in resolving a dispute with an owner regarding an old cucumber tree that is the subject of sightseeing by the surrounding community.  To learn more, please read this story from the Canton Repository:http://www.cantonrep.com/article/20160108/NEWS/160109487
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Kaman & Cusimano, LLC is pleased to offer our fall seminar series to our Service Option client community association board members and their professional property managers, entitled “Unique Laws that Apply to All Ohio Community Associations.”  Each seminar features a thirty minute “Town Hall” forum where any and all questions will be addressed followed by a ninety minute presentation that includes an extensive educational booklet.Topics to be addressed by speaker David W. Kaman include: Penalties for improper removal of trees Speed limits on private property – establishing enforceable speed limits Why is an association incorporated and how long does corporate status last A board’s duty of care and duty of loyalty Email voting Electronic notices to owners Must a membership roster be kept? Proper handling of records inspection requests from owners New towing regulationsThis seminar is exclusively reserved for our client condominium and homeowner association board members and their property managers...
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Kaman & Cusimano, LLC is pleased to announce that Partner Kate Bushey was recently selected to give a presentation at the 37th Annual Community Association Law Seminar in New Orleans, Louisiana.  The Law Seminar is a unique event hosted by the Community Associations Institute and College of Community Association Lawyers.  The event explores legal trends and practices in condominium and homeowner association law for attorneys and management professionals.  Community association attorneys from across the country will be in attendance at the Law Seminar.Kate’s presentation is entitled “Wouldn’t Debtors’ Prisons be More Effective? The Interplay between the FDCPA, Bankruptcy and Assessment Collections.”  Her session will focus on issues such as collecting from owners in bankruptcy, complying with the automatic bankruptcy stay, and federal laws governing the collection of delinquencies.  Congratulations to Kate on being selected to give a presentation at this prestigious event! 
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Kaman & Cusimano, LLC is pleased to offer our spring seminar series to our service option client community association board members and their professional property managers, entitled "Attracting and Keeping Board Members and the Impact of Professional Management."  Topics to be addressed include: Why not pay board members? Should board members be reimbursed for association related expenses? How to attract new board members How to keep good board members from resigning Eliminating harassment of a board member Managers and management companies: What they do and what they don't Types of management Evaluation of management What if your treasurer or manager quits overnight?This seminar is exclusively to Kaman & Cusimano client condominium and homeowner associations and is FREE OF CHARGE as part of your association's service option with Kaman & Cusimano, and is presented at locations throughout Ohio, including Medina, Akron, Sandusky, Warren, Cleveland, Eastlake, Columbus, Easton...
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Kaman & Cusimano is pleased to announce that it has been named by U.S. News and World Report as a “2015 Best Law Firm” in the Ohio Real Estate practice area, achieving a Tier 3 rating. The ranking is based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer reviews from leading attorneys in our field, and review of additional information provided by our firm as part of the formal submission process. To be eligible for this ranking, a law firm must have at least one lawyer included in “Best Lawyers” in that particular practice area and metro. For the past several years, our very own Jay Cusimano has been included on this list.The 2015 “Best Law Firms” list relied on client feedback on firm practice groups, addressing expertise, responsiveness, understanding of a business and its needs, cost-effectiveness, civility, and whether they would refer another client to the firm. Lawyers voted on the expertise, responsiveness, integrity, cost-effectiveness, whet...
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Kaman & Cusimano partners Darcy Mehling Good, Kate Bushey, Kevin Fields, and associate Magdalena Myers, attended the Community Association Institute’s Ohio Legislative Action Committee’s Annual Legislative Breakfast on February 25, 2015 to help to promote legislation that would have a positive impact on Ohio’s condominium and community associations.Members of the Ohio LAC spoke with numerous legislators and interacted with legislative staff to advocate for condominium and homeowner association interests.  The meet-and-greet helps promote Ohio’s condominium and homeowner association initiatives, with topics of discussion including super lien and increased sales disclosure requirements.   Darcy Mehling Good, Chair of Ohio CAI-LAC, said of today’s event, “The breakfast was a great success in giving us an opportunity to meet the newest members of the Ohio House and Senate and re-establish relationships with returning members.  With over One Million Ohioans calling condominium and homeowner...
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A condominium association in central Ohio recently filed a lawsuit against its developer for substantial construction defects.  The association, represented by Kaman & Cusimano, filed the lawsuit to address substantial water intrusion issues throughout the condominium property.   The Columbus Dispatch recently ran a story on the lawsuit, including comments by partner Kevin M. Fields.  Describing the issues facing the condominium:“There have been noted deficiencies at every building out there, with both the roofs and wall systems,” Fields said. “There’s been severe water infiltration through the walls, which has caused underlying damage, and various roof leaks and roofs not properly secured — in essence, sliding off the buildings.”Please click the following link to view the entire story:   http://www.dispatch.com/content/stories/business/2014/09/05/owners-of-all-74-condos-in-westerville-complex-sue-builder.htmlIf your community association may b...
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Kaman & Cusimano is proud to announce registration is now open for our fall seminar series entitled "Federal Laws That Impact All Community Associations."  Last year our office saw more actions filed against boards for violating federal laws than any other type of action.  Do not be in the dark.  Do not be unaware.  Attend our seminar entitled:  Federal Laws That Impact ALL Community Associations.A few of the topics to be addressed at this presentation are: Satellite dishes Occupancy restrictions Discriminating involving children Handicapped parking Service animals Modifications to common elements to accommodate a disabilityThis seminar is open exclusively to Kaman & Cusimano service option community association client board members and their professional property managers.   The seminar will be held at 20 locations throughout Ohio.  To register for the seminar, please login to ATLAS.
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In addition to spearheading the opposition to HB 371 earlier this year, Kaman & Cusimano has been working to get proactive legislation introduced that would benefit Ohio’s condominium and homeowner associations.  Specifically, Rep. John Rogers recently introduced HB 572, known as the Ohio Community Association Preservation Act, which would give Ohio’s condominium and homeowner associations priority lien status in a foreclosure case. Attorney Darcy Mehling Good first met with Rep. John Rogers last fall to solicit his support for this important piece of legislation.Often referred to as a "super lien," if passed, HB 572 protects the associations’ liens in a foreclosure action so to ensure the association would recover at least 6 months of assessments at the time of sheriff’s sale.  Condominium and homeowner associations in 22 other states already have this protection under their state statutes, but Ohio has yet to act.  Consequently, it is a top priority for Kaman & Cusimano to h...
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In a strong opposition to HB 371, Kaman and Cusimano stormed the Ohio Statehouse today to oppose this bad legislation for Ohio community associations.First, in conjunction with a breakfast hosted by the Community Association's Institute's Legislative Action Committee, Kaman & Cusimano representatives met with numerous legislators and aides on an individual basis to discuss community associations generally and specifically on our strong opposition to this bad piece of legislation.Second, Kaman & Cusimano attorney Darcy Mehling Good, who also serves as the chairwoman of the legislative action committee testified before the House's Financial Instiutions, Housing and Urban Development Committee.  Attorney Good was joined by other property managers, board members, and industry professionals, all whom voiced strong opposition to the bill.In an apparent misguided attempt to improve community associations based on constituent complaints, Ohio HB 371 subjects volunteer b...
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The most recent edition of The Suit Magazine profiles Jay Cusimano and Kaman & Cusimano LLC, elaborating on the firm's practice of exclusively representing Ohio community associations.  In representing only condominium and homeowner associations, the article highlights Kaman & Cusimano's philospophy of communication, not litigation.  To view this profile, please visit:http://www.thesuitmagazine.com/law-politics/legal/22186-communicate-dont-litigate.html 
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With tremendous excitement, Kaman & Cusimano, LLC is pleased and honored to announce that attorney and Kaman & Cusimano, LLC partner DARCY MEHLING GOOD has been accepted into CAI’s College of Community Association Lawyers!!!This is a rare and special honor that fewer than 150 attorneys in the country have been granted since the CCAL was started in 1993.  Darcy becomes just the 4th CCAL member from Ohio, joining attorneys David Kaman and Jay Cusimano. The requirements and application process for selection into the CCAL are rigorous and difficult to obtain.Darcy has dedicated her career to assisting and advising Ohio's community associations, and exemplifies the highest standards of knowledge and professionalism.   Kaman & Cusimano, LLC has always known Darcy was among the best of the best and now the entire, national community association industry recognizes and knows that too!CONGRATULATIONS, DARCY!!To learn more about Darcy, please view her biography.
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Kaman & Cusimano is pleased to announce our spring seminar series:Effective and Efficient Board MeetingsTopics to be discussed include: 20 Suggestions for More Efficient Meetings Open vs. Closed Meetings Outbursts From Owners Parliamentary Procedures Email Decisions Timed Agendas - Limiting Endless Discussion Board Ethics/ConfidentialityThis seminar is offered during the months of April and May at over 18 locations around Ohio.  Board members and property managers of Kaman & Cusimano service option clients may register for the seminar by either calling our office at 888-800-1042 or by registering online by logging into ATLAS.
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Our firm has built a reputation in Community Association Law on attempting to “communicate and not litigate. ” We have a history of trying to keep the unity in community.  Attached in as article from a national publication referencing our methods. 
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On Monday, November 8th’s 11:00 p.m. news, News Channel 5 in Cleveland featured Kaman & Cusimano attorney David Kaman in a story about the safety of condominium and homeowner association funds. According to the story:David Kaman is one of Ohio's leading attorneys specializing in protecting associations and its members. He recommends associations be insured for their funds so they are protected against theft, and encourages members voluntarily pay for yearly audits. [Kaman said] "If anyone is thinking of stealing the association's funds, but they know that a review or audit is being done on a regular basis -- they're going to think twice about it." To read the complete story and watch the entire feature, please visit:http://www.newsnet5.com/dpp/news/local_news/investigations/ohio-condo-homeowner-associations-easy-targets-for-theft-embezzlement
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The desire of volunteer board members to benefit community associations continues to amaze and impress. In April, over 1500 board members attended Kaman & Cusimano, LLC's spring seminar series entitled "The Financial Crisis - What Every Board Member Needs to Know." This seminar detailed ways for a board to manage the financial crisis and not let the financial crisis manage the board. Topics covered included a new investment tool known as "CDARS," FHA lending requirements and their impact on community associations, creative funding sources for community associations such as loans and donations, and successful collection techniques and policies.Community Association board members from all over the state of Ohio all share the common goal of financial stability and posses the drive to make that goal a reality. Through education, planning, hard work, and diligence, there is no doubt that Ohio's condominium and homeowner associations will emerge from this crisis in a stronger fisca...
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We are proud to announce that Kaman & Cusimano, LLC just completed its Spring Seminar Series entitled Successful Collection of Delinquent Accounts.  The seminar was open exclusively to Kaman & Cusimano Service Option community association client board members and their professional property managers.  The seminar was held at 24 locations throughout Ohio. As community associations continue to face unique challenges when collecting on delinquent assessments, the Spring seminar focused on the many new trends of association assessment collections.One of the most important pieces of successful association assessment collection is having a strong Collection Policy and Procedure.  By creating a uniform procedure that applies to all owners, it allows boards and managers to remove themselves from the collection process, thereby protecting themselves from claims of selective enforcement or illegal collection practices.  Consequently, as part of the seminar, we introduced an updated coll...
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