![]() ![]() Section 5: OPA Board Subject: ARC/ECC Nonsense Msg# 1230730
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Joe:
”at least as I read it.” It is indeed the responsibility of the seller to provide the resale certificate. However, the Association, for a reasonable fee, provides the information for the seller. The information should and does speak to any unpaid assessments that may be due as well as that the property is in compliance. When I say compliance I mean that the property has not been found to be in “continuing violation“ by the BOD. That’s how I understand it. Marty |
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For reference, the above message is a reply to a message where: The title of the document is Request for Disclosure Packet and it looks to me the purpose of which is to (i) cover OPA's responsibility that the DRs for the property being sold are photocopied and provided to either the owner or a real estate agent to be delivered to the buyer and (ii) where the owner certifies that any improvements, alterations, etc. to the property do not violate DRs, ARC Guidelines, etc. Does not look like an OPA responsibility, rather the seller responsibility under the HOA Act to provide info to the buyer. It is primarily the seller's responsibility to provide DRs and other documentation to the buyer under the HOA Act, at least as I read it. Also, there is no requirement to pay OPA for anything regarding governing docs. All such documents may be obtained at the County. The law requires them to be there, or they are not enforceable. If OPA passed new Guidelines and they are not filed at the County, I assume, those Guidelines are not enforceable. I have no idea if the 2024 Guidelines were filed at the County. Regardless, with anything involving the sale or purchase of a property NEVER pay attention to anything on this forum or Facebook. Do not be your own lawyer. Hire a lawyer. See below for Discslosure wording: In order to facilitate the sale of my Lot, I hereby request that the Ocean Pines Association furnish the Association Disclosure Packet for the lot identified above. I understand and acknowledge that these documents must be provided by the vendor (seller) of the property pursuant to the provisions of the Maryland Homeowners Act, Section IlB 106(B) and that I desire that the Ocean Pines Association compile these documents on my behalf.
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