Quote:
Originally Posted by margaretmattson
Out of compliance means an owner made structural or landscaping improvement to the home without permits or ARC approval. For example: added a pool or lanai without obtaining necessary permits. It has nothing to do with defects of a home.
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Respectfully, I don't agree. Here is an excerpt from a standard disclosure statement used in Florida:
"Have you made any additions, structural changes or other alterations to the Property?
If yes, did you obtain all necessary permits?
Was/Were the permit(s) closed out (finalized)?"
If this type of disclosure was not in the sales contract, the buyer could require it. You may not specifically call it a "defect", but it should be part of the seller's disclosure statement to the buyer. To me, in this context, "defect" and "out of compliance" essentially mean the same thing.