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The Legal Blog, brought to you by NVAR's Professional Standards department, helps you stay on top of the latest rules and regulations in the industry.

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I ordered a packet or certificate and it was delivered, but upon review it is incomplete. What can I do?

Aug 26, 2016

Contract Issues

Question: I ordered a packet or certificate and it was delivered, but upon review it is incomplete. What can I do?

Answer: If the association fails to provide the documents substantially in the form dictated by the statute, then the association shall be deemed to have waived any claim for delinquent assessments or of any violation of the declaration, bylaws, rules and regulations, or architectural guidelines existing as of the date of the request with respect to the subject lot. However, this waiver is a limited waiver. If indeed there is a violation or a delinquent assessment, the buyer will still have to bring the unit into compliance. The association will have to pay the first $1,000. Any cost above and beyond will be borne by the purchaser. A purchaser can accept the packet or certificate as is, or may cancel the contract. A purchaser who agrees to accept it as is may be liable for any non-compliance with the association rules.
Group(s):
  • Contract Issues