WHD’s Miske finds niche in condo law

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Dan Miske found out firsthand that sometimes where you live can influence your career path.

As a new attorney, he bought a condo and got involved with the condo association board. Using his legal background, he was able to help solve different problems as they came up. Then another condo association heard about him and hired him to help with their problems.

Miske realized he found his niche.

“Condo and homeowner associations have a lot of the same issues that small businesses do except that they have volunteers running it and don’t understand all the nuances of how small business run,” said Miske, a shareholder with Whyte Hirschboeck Dudek who practices out of the Milwaukee and Madison offices. “Condos have their statues and there are some nuances to them, which can make it very interesting.”

Condominium and homeowner association law is very specialized with only a few firms in the state taking on the cases. Miske, the head of Whyte Hirschboeck Dudek’s condominium and homeowner association team, said the firm is hired by groups to handle different projects as they come up. He also frequently gives presentations and seminars and writes articles on the rules surrounding condominiums.

“Most problems involve one of the 4 Ps – pets, pools, parking and people,” he said. “Some people are so convinced of their own rights, such as having their dog in the pool, that they forget other people have rights, too.”

Miske recalled one case where a condo owner’s leaking air-conditioner led to damage in the unit below. The repair was less than $300, but the owner kept fighting it, saying it wasn’t his fault. The parties tried mediation before it ended up in court. At that point, the judge ruled in the association’s favor and ordered the owner to not only pay for the repair, but also all the attorney fees, which totaled more than $30,000.

“He ended up losing his unit for a $280 repair. It was just unbelievable,” Miske said. “Even if you think you’re right, you need weigh the economics of the issue. It could have been settled. But sometimes people get so frustrated they don’t want to be reasonable.”

In addition to working with condo and home association clients, Miske also handles other business law transactions.

“Condo and home association law is just another facet of business law, so it all fits nicely together,” he said.

Wisconsin Law Journal: What was your least-favorite class in law school?
Dan Miske: Torts – I thought I knew a little about the subject and the professor gave me the impression that he thought he knew everything about it. In reality, I am sure he knew far more than I did, but I was too young and arrogant to recognize there was a reason he was the teacher and I was the student. The lesson I should have learned much earlier is that even though I may not appreciate someone’s personality, I can still learn a great deal from him or her.

WLJ: What would you have become if you hadn’t pursued a career in law?
Miske: Probably an accountant initially, but I would have wanted to become the CEO of a company eventually. I like being around and talking to people and I didn’t know if being an accountant would afford me that opportunity.

WLJ: What was the first concert you attended?
Miske: Bruce Springsteen, a long time ago.

WLJ: What was the last book you read?
Miske: ‘The Confession’ by John Grisham.

WLJ: What do you miss most about your childhood?
Miske: The games we played in our neighborhood every night (at least in summer). It’s hard not to miss a time when your days consisted of getting up, eating breakfast and going next door to play baseball in the backyard. As my friends and I got older, baseball was replaced by Wiffle ball because we could hit a hardball too far. But we always enjoyed the time together playing a game we loved.

WLJ: If you could have drinks with anyone, who would you pick?
Miske: Jesus Christ. Whether or not you are a believer, is there anyone else who has had a greater impact on the world? What would I be able to learn about myself in just 10 minutes? My next choice would be my great-grandfather, who went to Alaska during the Gold Rush of the late 1800s.

WLJ: If you could live anywhere, where would you pick?
Miske: Vail, Colo. I love to ski and have many friends who have moved to that state.

WLJ: If you could change one thing about you, what would it be?
Miske: How sarcastic I can be, unintentionally, to some of the people I love the most.

WLJ: What is your favorite sport to play and/or watch?
Miske: I love to play baseball, but I love to watch football.

WLJ: What activity could you spend hours doing outside of the office?
Miske: Spending time with my wife. She is a beautiful, intelligent, wonderful person, but I sometimes schedule too many activities, causing me to miss time with her. I’d also like to spend more time walking, talking, shooting, watching the Brewers and playing with our grandson.