Our Attorneys - Partners

DAVID W. KAMAN, Partner

David is the first attorney from Ohio inducted into the prestigious College of Community Association Lawyers. He is a 1980 graduate of the Cleveland-Marshall College of Law and has devoted his legal practice to the area of community association law for over 30 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 his time writing and speaking on issues affecting community associations. He is the author of over three hundred articles on community association issues. He has spoken at over one hundred seminars on community association topics for such entities as the Ohio Bar Association, Cleveland Metropolitan Bar Association, Columbus Bar Association, and the Columbus, 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 Metropolitan 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
• Cincinnati Bar Association
• American Bar Association
• Ohio State 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.  Jay’s effective communication style and personable attitude have catapulted him within the community association legal field. He focuses his practice on operational issues, such as the interpretation of governing documents and document rewrites, contract preparation and review, FHA approvals, satellite dish issues, and loans to community associations.  To date, the value of the loans Jay has handled for community associations exceeds $100 million.  Jay co-authored an article entitled “Loans to Condominium Associations” that was published in 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 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
• Cleveland Metropolitan 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 Prosecuting Attorney and an Assistant Director of Law for the City of Cleveland. Thereafter, he worked nine years in private practice, including work for a large insurance defense firm and as a supervising trial attorney for a firm involved in asbestos and general litigation. Bob’s civil and criminal litigation background has provided him with valuable experience in litigating developer and contractor repair and construction defect cases, as well as covenant and rule enforcement matters, including obtaining restraining orders and injunctions against owners and residents who commit violations. Bob currently lives within a homeowner association.

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 Metropolitan Bar Association
• Community Associations Institute

 

DARCY MEHLING GOOD, Partner

Darcy 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 on association operations, including annual meetings, drafting amendments, developing and reviewing association rules to ensure compliance with the governing documents and any state and federal laws, especially fair housing laws, and reviewing contracts. Additionally, Darcy is the partner in charge of all aspects of the collections work we do on behalf of our clients, 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. Notably, she contributed “Whodunit?” the feature article in Common Ground, a national publication and presented at a CAI National Conference in Orlando, Florida on how to “Properly Assess to Protect your Assets.”  Darcy was a co-presenter at a CAI National Law Seminar in Tucson, Arizona, on the numerous and costly losses associations have experienced from their funds being embezzled and the steps that board should take to protect the association’s funds.  With this issue being so rampant, the presentation, “Keep Fraud’s Ugly Head Out of Your Community Association,” has been cited in other works nationally and as far away as Australia.

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
• Cleveland Metropolitan 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.  Currently, Janice’s practice includes the litigation of contested foreclosure actions as well as post judgment collection actions.  Janice currently resides in and serves as a member at large on the board of her homeowner’s association.

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
• Cleveland Metropolitan 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 and joined Kaman & Cusimano in 2006, where she has since focused her practice on community association collections, bankruptcy and covenant enforcement.

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 Metropolitan 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. Kevin draws upon his experience from living in a condominium and focuses his work in the areas of developer construction defects and general litigation matters.

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 Metropolitan Bar Association
• Community Associations Institute

 

Jeffrey E. Kaman, Associate

Jeffrey E. Kaman earned his law degree from the Cleveland-Marshall College of Law.  Since joining Kaman & Cusimano in 2008, Jeff has worked intensively focusing on association operations and collection of delinquent accounts. Additionally, Jeff has been instrumental in deploying Kaman & Cusimano’s state of the art online resource for board members and property managers entitled ATLAS: the Association Total Legal Assistance System.  Jeff routinely writes the Kaman & Cusimano blog as well as numerous other online articles.  

Education

• Loyola University Chicago, B.A., Honors History and Political Science, magna cum laude, 2007
• Cleveland-Marshall College of Law, J.D., cum laude, 2010

Courts

• Admitted to the Ohio Bar, 2010
• Admitted to Southern District of Ohio, Federal Court 2011

Associations

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

 

 Kimberly L. Strauss, Associate

Kim Strauss 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 a president. Kim now uses her professional and personal experience to aggressively pursue collection actions on behalf of community associations as well as handling bankruptcy and covenant enforcement matters.

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

 

James (Jim) M. Collin, Associate

Jim spent thirty years of service in the United States Marine Corps and the United States Coast Guard. His varied career involved both legal and operational assignments around the world. He entered into private practice as a trial attorney for a firm providing corporate defense for a fortune five hundred company. He then served as a senior litigation counsel for several Cleveland, Ohio based corporations. Jim has most recently served as president of his high-rise condominium board and after joining Kaman & Cusimano, has used his experience to focus on community association collections, bankruptcy and covenant enforcement.  

Education

•  Kent State University, B.A., cum laude, 1974
• The American University, Washington College of Law, J.D., 1977  

Courts

•  Admitted to District of Columbia Court of Appeals, 1978
•  Admitted to United States Court of Military Appeals, 1985
• Admitted to Supreme Judicial Court of Massachusetts, 1985
• Admitted to Supreme Court of the United States, 1988
• Admitted to Supreme Court of Ohio, 1995
• Admitted to Northern District of Ohio, Federal Court, 2003  

Associations

•  District of Columbia Bar Association
• Commonwealth of Massachusetts Bar Association (inactive)
• Ohio State Bar Association
• Community Associations Institute

 

Joseph E. DiBaggio, Associate

Joe DiBaggio is a 2001 graduate of Cleveland-Marshall College of Law and a 1996 graduate of the University of Dayton, having received a degree in Criminal Justice Studies. Upon graduation from law school, Joe initially served as in-house counsel/Government Contract Compliance Manager for Turner Construction Company where he gained practical experience in federal contracts and compliance related matters. Thereafter, he centered his attention on asbestos litigation as a staff attorney for a large civil litigation firm in Cleveland for two years and then worked for a small general litigation firm for three years focusing in the areas of construction, government contracts, general contract disputes, landlord-tenant matters, criminal defense and transactional matters. Joe resides in a homeowners association and has served on the board of directors for the past five years as president, secretary and most recently as vice-president.  Joe’s prior litigation and practical experience has provided him with a solid foundation to zealously represent community associations primarily in the areas of collections and rule enforcement matters.  

Education

• University of Dayton, B.A., Criminal Justice Studies, 1996
• Cleveland-Marshall College of Law, J.D., 2001  

Courts

• Admitted to Ohio Bar, 2002

Associations

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

 

Thomas F. Schmitt, Associate

Tom Schmitt earned his law degree from the University of Dayton.  After graduating, he worked for a Dayton firm in the areas of condominium and homeowner association collections and document interpretation and enforcement. While living in Dayton, Tom served as the secretary of his condominium association.  Since joining Kaman & Cusimano, Tom focuses on the Columbus/Dayton community association collections, bankruptcy and covenant enforcement.  

Education

• University of Dayton, B.S., Secondary Education, magna cum laude, 2001
• University of Dayton School of Law, J.D., 2007

Courts

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

Associations

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

 

John M. McCarty, Associate

John M. McCarty earned his law degree from the Cleveland-Marshall College of Law in 2004. Since graduating from law school, John initially worked for a law firm representing large lenders practicing in the areas of litigation, foreclosure, collections and bankruptcy. John resided in and owns a condominium unit and subsequent to joining Kaman & Cusimano, uses his experience to handle covenant enforcement matters as well as to aggressively pursue collections action on behalf of community associations as well as handling complex bankruptcy issues.  

Education

• Ohio Northern University, B.S.B.A., 2000
• Cleveland State University, Cleveland-Marshall College of Law, J.D., 2004

Courts

• Admitted to Ohio Bar, 2000
• Admitted to Northern Ohio District of Ohio, 2007
• Admitted to Southern District of Ohio, 2008
• Admitted to Sixth Circuit Court of Appeals, 2008

Associations

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