Our Attorneys - Partners

DAVID W. KAMAN, Partner

David is the first attorney from Ohio inducted into the prestigious national College of Community Association Lawyers.  He is a 1980 graduate of the Cleveland-Marshall College of Law and has devoted a significant portion of his legal practice to the area of community associations for over 25 years.

For seven years, David lived in a condominium and served as board president of a 160 unit owners’ association. As a result, he has a unique capability to empathize with the viewpoints of both residents and board members.

In addition to being an Ohio attorney, David is also a licensed attorney in Florida, which he uses as a tool to keep abreast of current trends in association law.  Much of the community association law is based upon precedent from the Florida courts.

David also spends considerable time writing and speaking on issues affecting community associations. He is the author of over one hundred articles on community association issues including the Ohio Consumer Law’s chapter on condominium consumer protection provisions. He has spoken at over fifty seminars on community association topics for such entities as the Ohio Bar Association, Cleveland Bar Association, Cuyahoga County Bar Association, and the Ohio Valley and Northern Ohio chapters of the Community Associations Institute.

Education

• John Carroll University, B.A., cum laude, 1977
• Cleveland-Marshall College of Law, J.D., 1980

Courts

• Admitted to Northern District of Ohio, Federal Court 1981
• Admitted to Southern District of Ohio, Federal Court

Associations

• College of Community Associations Lawyers
• The Florida Bar
• Cleveland-Marshall Law Alumni Association
• Community Associations Institute
• Cleveland Bar Association
• Lorain County Bar Association
• Lake County Bar Association
• Portage County Bar Association
• Akron Bar Association
• Ottawa County Bar Association
• Medina County Bar Association
• Ashtabula County Bar Association
• Dayton Bar Association

 

JOSEPH (JAY) J. CUSIMANO, Partner

Jay is just the second attorney from Ohio to be accepted into the national College of Community Association Lawyers.  It is doubtful that there is any attorney in Ohio who attends more community association meetings than Jay Cusimano. Jay's effective communication style and personable attitude have catapulted him within the community association legal field. Jay co-authored an article entitled "Loans to Condominium Associations" that was published in the March 2006 edition of The Practical Real Estate Lawyer, a magazine that is published by the American Law Institute and American Bar Association.  Jay again contributed an updated chapter on "Ohio's Condominium Act/Consumer Protection Provisions" that is published in the 2008 Edition of the Ohio Consumer Law book.

Jay has recently spoken on topics including:

• Title Issues Relating to Condominium Problems, Pitfalls and Possible Relief
• Legal Aspects of Condominium Developments and Homeowners Associations in Ohio
• Helpful Hints to Happy Condominium Living
• Title Issues Related to Condominiums
• Manager's Seminar - Legal Concerns and Practical Considerations
• Update on Satellite Dish Laws and Regulations
• The Proposed Amendments to the Ohio Condominium Property Act
• Face Lift to the Ohio Condominium Act

Education

• Middlebury College, B.A., cum laude, 1988
• Case Western Reserve University School of Law, J.D., cum laude, 1992

Courts

• Admitted to Northern District of Ohio, Federal Court, 1993

Associations

• Community Associations Institute
• College of Community Association Lawyers
• Ohio State Bar Association
• Cleveland Bar Association, Chair of the Real Estate Section, 2005-2006; Co-chair of the Common Ownership Committee of the Real Estate Section; Member of the Model Forms Committee of the Real Estate Section
• Cuyahoga County Bar Association
• American Bar Association

 

ROBERT E. KMIECIK, Partner

Bob's background and personal experience uniquely qualifies him to represent community associations. Upon graduation from law school, he centered his attention on litigation, serving four years as an Assistant Prosecutor and an Assistant Director of Law for the City of Cleveland. Thereafter, he had nine years in private practice and two years serving as a supervising trial attorney for a firm involved in asbestos and general litigation. Bob's civil litigation experience has provided him with a working knowledge of repairs as well as covenant and rule enforcement, including obtaining restraining orders and injunctions against owners and residents who commit violations.

Education

• Kent State University, B.S., cum laude, 1981
• Cleveland-Marshall College of Law, J.D., 1984

Courts

• Admitted to Northern District of Ohio, Federal Court 1984
• Admitted to Sixth Circuit Court of Appeals, 1988
• Admitted to Southern District of Ohio, Federal Court 2009

Associations

• Ohio State Bar Association
• Cleveland Bar Association
• Community Associations Institute

 

DARCY MEHLING GOOD, Partner

As a partner in Kaman & Cusimano LLC, Darcy represents associations throughout Ohio from the firm’s two offices in Cleveland and Columbus.  In doing so, she calls upon her personal experiences from six years of being a condominium owner/resident and board secretary to better understand and address the challenges faced by community associations. She focuses her practice, therefore, on association operations, including annual meetings, drafting amendments, developing association rules and reviewing drafts to ensure compliance with the governing documents and any state and federal laws, especially fair housing laws, and reviewing contracts. Additionally, Darcy handles all aspects of collections, particularly complicated foreclosures and bankruptcies, while maintaining procedures consistent with the Federal Fair Debt Collections Practices Act.  Darcy has written a number of articles and spoken at many local, state and national conferences on operations and collection issues.  Most recently, she contributed “Whodunit?” the feature article of the July/August 2007 edition of Common Ground, and presented at the 2008 CAI National Conference in Orlando, Florida, on how to “Properly Assess to Protect Your Assets.”

Education

• University of Notre Dame,  B.A. Economics, 1993
• Case Western Reserve University School of Law, J.D., 1997

Courts

• Admitted to Northern District of Ohio, Federal Court 1998
• Admitted to Southern District of Ohio, Federal Court 2004

Associations

• Ohio State Bar Association
• Cuyahoga County Bar Association
• Cleveland Bar Association
• American Bar Association
• Community Associations Institute
• University of Notre Dame Alumni Association - Cleveland Chapter

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Associates

Janice E. Zupon, Associate

Ms. Zupon's entire career has included the practice of community association law.  She began her career litigating matters related to association operations and the enforcement of association governing documents.  As the number of newly constructed community associations and condominium conversions began to grow in Ohio, her career evolved into litigating construction defects and deficiencies as well as developer disclosure violations and the enforcement of the consumer protection provisions contained in Ohio's Condominium Act.

Education

• Miami University, B.S., magna cum laude, 1986
• Case Western Reserve University School of Law, 1992

Courts

• Admitted to Ohio Bar, 1992
• Admitted to Northern District of Ohio, Federal Court 1992

Associations

• Ohio State Bar Association
• Community Associations Institute

 

Lynda L. Kovach, Associate

Lynda L. Kovach earned her law degree, graduating summa cum laude, from the Cleveland-Marshall College of Law in 2001.  Lynda spent several years working as a Judicial Law Clerk for The Honorable Dan Aaron Polster of the United States District Court for the Northern District of Ohio.  Lynda currently resides in a condominium and has served on a condominium board for 4 years.  Her practice is focused in the area of association operations, document interpretation, amendment drafts to the governing documents and employee issues. 

Education

• College of Steubenville, B.S., 1972
• Cleveland State University, Master of Education Administration, 1984
• Cleveland-Marshall College of Law, J.D., summa cum laude, 2001

Courts

• Admitted to Ohio Bar 2002
• Admitted to Northern District of Ohio, Federal Court 2002
• Admitted to Sixth Circuit Court of Appeals 2003
• Admitted to Southern District of Ohio, Federal Court 2004

Associations

• Cleveland-Marshall Law Alumni Association
• Community Associations Institute
• Cuyahoga Bar Association Ohio Bar Association

 

M. Katherine (Kate) Bushey, Associate

Kate Bushey earned her law degree from Wake Forest University School of Law in 2004, after graduating from Saint Mary's College in Notre Dame, Indiana in 2001. Upon graduating from law school, Ms. Bushey worked as a Cuyahoga County Assistant Prosecutor.

Education

• Saint Mary's College, Notre Dame, Indiana, B.B.A., Finance and Marketing, cum laude, 2001
• Wake Forest School of Law, J.D., 2004

Courts

• Admitted to Ohio Bar, 2004
• Admitted to Northern District of Ohio, Federal Court 2008

Associations

• Ohio Bar Association
• Cleveland Bar Association
• Saint Mary's College Alumni Association - Cleveland Chapter
• Community Associations Institute

 

Kevin M. Fields, Associate

Kevin M. Fields earned his law degree, graduating summa cum Laude, from Thomas Jefferson School of Law in San Diego, California.  He went on to practice in the areas of foreclosure, landlord-tenant and condominium law in Miami, Florida.  He continued his focus on real property law while practicing at a civil litigation firm in Brooklyn, New York.

Education

• The Ohio State University, Columbus, Ohio, B.S., Business Administration and Marketing 2000
• Thomas Jefferson School of Law, J.D., summa cum laude, 2004

Courts

• Admitted to Florida Bar, 2004
• Admitted to Southern District of Florida, Federal Court 2005
• Admitted to Ohio Bar 2008
• Admitted to Northern District of Ohio, Federal Court 2008

Associations

• Ohio State Bar Association
• The Florida Bar
• Cleveland Bar Association
• Community Associations Institute

 

Marie C. Rutkowski, Associate

Marie C. Rutkowski earned her law degree from the Ohio State University Moritz College of Law.  Upon graduating from law school, she practiced in the areas of local government, real estate, and community association law.  Ms. Rutkowski also draws on her experience gained from years of residing in a condominium in Columbus, Ohio.

Education

• John Carroll University, B.S.B.A., Business Management and Logistics, cum laude, 1999
• The Ohio State University Moritz School of Law, J.D., 2006

Courts

• Admitted to the Ohio Bar 2006
• Admitted to Southern District of Ohio, Federal Court 2007

Associations

• Ohio State Bar Association
• Columbus Bar Association
• American Bar Association
• Community Associations Institute

 

 Kimberly L. Borchert, Associate

Kim Borchert earned her law degree from Cleveland-Marshall College of Law in 2002, after graduating from John Carroll University in 1999. Initially, Kim joined a criminal defense firm to gain litigation experience, then switched the focus of her career to real estate and collections law.  In particular, Kim represented banks and lending institutions in complicated foreclosures before joining Kaman & Cusimano.  Additionally, Kim resides in a condominium association where she has served on the Board of Directors, as a member at large and also as President.  Kim now uses her professional and personal experiences to aggressively pursue collection actions on behalf of community associations.

Education

• John Carroll University, B.A. 1999
• Cleveland Marshall College of Law, J.D. 2002

Courts

• Admitted to the Ohio Bar 2002
• Admitted to Northern District of Ohio, Federal Court 2002

Associations

• Ohio State Bar Association
• Community Associations Institute