Start with which box was checked
TREC's Addendum for Property Subject to Mandatory Membership in a Property Owners Association (Form 36-11) gives the parties four options in Paragraph A for handling delivery of the Subdivision Information — a current copy of the subdivision's restrictions plus the association's bylaws, rules, and a resale certificate. What happens if that information is late or never shows up depends on which option is in play.
Option 1 — seller delivers
If the seller is obligated to obtain, pay for, and deliver the Subdivision Information within the negotiated window and never does, the buyer's sole remedy is to terminate the contract at any time before closing, with earnest money refunded. If it is delivered — even close to the wire — the buyer's termination window is fixed at 3 days after receipt, or before closing, whichever comes first.
Option 2 — buyer obtains it
Here the buyer is responsible for obtaining the Subdivision Information at their own expense. The buyer is deemed to receive it on the date of actual receipt or a specified date, whichever is earlier, and the same 3-day (or before-closing) termination window applies once received.
Option 3 — buyer already has it, but needs an updated resale certificate
If the buyer received and approved the Subdivision Information before signing but requires an updated resale certificate, the seller must deliver it — at the buyer's expense — within 10 days after receiving payment for it. If the seller misses that 10-day window, the buyer may terminate and get the earnest money back.
Option 4 — buyer waives it
If the buyer doesn't require delivery of the Subdivision Information at all, there's nothing to be late — this option doesn't have a late-delivery scenario.
The number that doesn't change
Whichever delivery option is checked, once the buyer actually has the Subdivision Information in hand, the termination window after that is a fixed 3 days (or before closing, whichever is first) — that part of the form isn't negotiated. What's negotiated and left blank is only the number of days the seller or buyer initially has to go obtain it.
Material changes are a separate issue
Separately from late delivery, if the seller becomes aware of a material change in the Subdivision Information after it's been provided, the seller must promptly notify the buyer — and the buyer may terminate before closing, with earnest money refunded, if the information provided "was not true" or a material adverse change occurs before closing.