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Merck K. Smith

Merck Smith’s Answers

74 total


  • As a property owner & member of my neighborhood HOA, shouldn't I have a legal right to see requests for changes to common areas?

    As a property owner in a condo community and member of the community HOA, it is my understanding that the HOA (which is all the property owners) owns the common areas of the development. That being said, why would my HOA board tell me that I am n...

    Merck’s Answer

    You are correct in your thinking but the condominium declarations and by-laws need to be reviewed by an attorney as to specific language regarding this type of situation.

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  • Can an HOA deny hardship permits based on the original declarations, even though they have waived critera in past cases.

    My hardship lease permit that was recently denied, appealed and denied again. Do not feel I was afforded equal treatment under the condominum declaration for hardship leases. I'm a past HOA board member with knowledge of hardship lease history. Cu...

    Merck’s Answer

    Without looking at the specific condominium documents it is not possible to give an accurate opinion on your question. The orginal declarations would control your situation. If they have varied from these provisions in the past then the specific language of of the declarations would need to be studied along with the specific cases.

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  • Prosecutor and Judge team

    When a case is processed in court does judge have a look at the case and gives his case opinion to prosecutor to even being indictment? Like, if it is a weak case will he tell DA to not even start. Is there an informal channel between the two as t...

    Merck’s Answer

    Ex parte communications between the judge and prosecutor are not allowed. The Judge can hear evidence at a preliminary hearing to determine if there is sufficient evidence to proceed with formal charges on a case.

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  • Violations by HOA and property manager. What legal remedies do I have?

    I have recently uncovered info of wrongdoing by our Board and property management company. In an attempt to share info with other homeowners, I have been distributing flyers by slippng notices under the doors of homeowners. I received an email f...

    Merck’s Answer

    The by-laws of your HOA should address some of your questions about passing out literature and what the board PM have been doing. This can get somewhat complicated and I would highly recommend sitting down with an attorney to discuss this matter and make sure to have a copy of the by-law of the HOA with you.

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  • Can I sue for bad faith if it's been a year plus since my accident and other drivers insurance company hasn't offered anything

    Driver was found guilty of hit and run the problem is the insurance company had a year and 5 months to do something they chose not to and stick by driver and the police report showed guilt of the driver and my car totaled last year

    Merck’s Answer

    You did not included any information on how your own insurance company has handled the case so I am assuming that you did not have collision insurance. If that is the case you will need to file a lawsuit against the other driver in the county in which he lives. There is a time limitation for filing this action so I would recommend seeking the advice of an attorney soon.

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  • Can i request in writing from fromer employer reason for non-rehire status,and if it is slander what can i do?

    retaliation for a letter writen to company president about employer and h.r manager. that force me to resign my position with the company becuse of harassment by both parties, i could not prove harassment becuse of the way it was done , the two b...

    Merck’s Answer

    You can ask for it but they do not have to provide it unless there are some sort of legal proceedings instituted that would required them to produce it. I would suggest speaking with an attorney about your situation.

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  • On a divorce settlement agreement, do I need to be concerned with the verbage on the income tax part that states: if either part

    failed to report any income or as a result of a deduction or credit having been improperly claimed by either party on any tax return filed jointly ...the parties shall split any tax or penalty due on a 50/50 basis?

    Merck’s Answer

    This is attorney language for "if you get audited by the IRS and owe anything each person pays half" Whether you need to be concerned or not would depend on who prepared your taxes and whether all income and other facts pertinent to the tax returns were acurately reported.

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  • Does an HOA have to pay the developer a debt at turnover resulting from the developer putting money into the budget.

    We are going to be turned over soon. We supposedly owe a huge debt to the developer from inception up to 6 yrs. During this time, sales were low, HOA assessment low, collections slow, budget overruns and deficits. The developer contributed to ...

    Merck’s Answer

    This cannot be answered by the limited facts that you have provided. You need an attorney to look at your association bylaws and the contract with the developer, as well as, any other documentation that you may have. Feel free to contact me to provide a bit more detail on your situation.

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  • Hi I'm a computer technician, recently I started a website helping people online

    get access back to their computer when they forgot their password. I'm able to generate a new password that will allow them to logging to their computer. I would like to know if that is illegal for me to do?

    Merck’s Answer

    I agree with the previous post. I would highly advise that you have an attorney help to prepare a disclaimer that your client signs stating the purpose of your obtaining the password. It would not be an absolute shield but would greatly help insulate you from potential civil or criminal prosecution. Contact me if you would like to discuss this further.

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  • Can you be fired for not following company rules and/or guidelines when no such rules/guidelinesnwere provided?

    I was told I was fired because "you do not fit in here" after a year and two months of employment. However after filing for unemployment benefits, the employer came back with I did not follow company rules and guidelines. However, no company rules...

    Merck’s Answer

    The answer to your question depends on a number of factors. First, did you have a written employment agreement. Second where you given any formal reviews of job performance. Third, were you ever supplied a writen discription of for your job.
    However, from the information you have provided, it appears that the employer is trying to avoid your unempolyment claim and unless he can provide documentation to support his claims you have a good case.
    I would be glad to discuss this with you in more detail if you would like to give me a call 404-474-8480.

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