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Daniel Miske

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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.

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What you can’t do:

  1. Breed, size, and weight limitations may not be applied to an assistance animal.
  2. Pet conditions and restrictions such as pet deposits cannot be applied to assistance animals.
  3. You may not ask an applicant or tenant to:
    • Provide access to medical records or medical providers or
    • Provide detailed or extensive information or documentation of a person’s physical or mental impairments.
  4. A request for a reasonable accommodation may not be unreasonably denied, or conditioned on payment of a fee or deposit
  5. The response to a reasonable accommodation may not be unreasonably delayed.
  6. You are not entitled to know an individual’s diagnosis or require disclosure of:
    • Medical records,
    • A diagnosis or
    • The severity of a disability.
  7. You may not insist on specific types of evidence if the information which is provided or actually known to the association meets the requirements of the FHA (Fair Housing Act).

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Continue Reading 7 Things You Need to Know about Emotional Support Animals in 2023

Need to Know:

  1. Unit Owners and association members often say mean and rude things about Board members, even though those Board Members are volunteers. 
  2. For a Board Member to have a viable claim for defamation the Board member must recognize that the courts view them as limited public figures, which means they MUST be able to allege and prove that.
    • The defendant published a false and defamatory statement about the plaintiff, and
    • The statement was made with actual malice, i.e., with knowledge the statements were false or with what amounts to conscious disregard of their falsity.

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Continue Reading Defamation Claims by Directors and Officers Against Members – What you Need to Know

This is too Much

Facts

Montana Developer of three condominium-hotels at Big Sky Ski Resort sold units subject to Declarations that required “all unit owners to use [Developer], or an agent designated by [Developer], as their exclusive rental agents,” when renting out their condominiums.  The Declarations also provided that “Unit owners may decline to renew the rental management contract with [Developer] after three years, but only if 75% of unit owners vote to end the contract with [Developer].”  Of course, Developer also owned all of the commercial units, which constituted 22% of the voting units, and several residential units, practically making it impossible for 75% of the unit owners to do anything that the Developer didn’t want.…

Continue Reading Claims for When Developers Have TOO Much Control of Association