What is a declarant?

A declarant is the developer who created the community, drafted its first governing documents, and ran the HOA before residents ever took over. That handover isn’t a single event, it plays out over a transition period set by state law and the bylaws, usually triggered once a set percentage of units have sold.

Why does a declarant matter?

Until that transition wraps up, a declarant can still hold voting power, appointed board seats, or veto rights that residents don’t always realize are still active. Knowing exactly where a community stands in that process, and what the developer is still obligated to fix, like construction defects the association shouldn’t have to pay for, is what keeps residents from being caught off guard.

When You’ll Run Into This

This term mostly surfaces in a community’s earliest years, when residents are asking why certain decisions still need developer sign-off, or when a board is working through the steps to transition an HOA from developer to owner for the first time.