You will note in the law that the HOA is required to provide certain documents if requested. However, those documents are also available via the county depository. There is no requirement the documents come from OPA. As for all the other stuff, like whether assessments are paid or not and DR violations, the law only requires STATEMENTS from the seller. I see absolutely nothing in the law that requires OPA confirm the seller statements.

Finally, to support my position, I quote the next to last item in 11B-106, "In satisfying the requirements of subsection (b) of this section, the vendor shall be entitled to rely upon the disclosures contained in the depository after June 30, 1989."

This clearly indicates the seller can obtain all required disclosure information information from the depository. OPA not needed.

I'll say again, it is the best approach for a seller to get the OPA resale package, but I do not see any REQUIREMENT in the law to do so. All the OPA resale document you referenced does is authorize OPA to put the documents together for the seller for a fee.

The OPA resale packet request is intended to protect OPA as much as the buyer. The last sentence sates, "I hereby certify that any improvements or alterations made to the Lot are not in violation of the Association documents including the Declaration of Restrictions, the Bylaws and any architectural guidelines adopted by the Association."

I believe this is a legal protection for OPA in the event some violation is found after the sale even if OPA does an inspection.