What is a declarant?
A declarant is usually the developer or builder who originally created the HOA community. They’re responsible for establishing the association, drafting its first governing documents, and setting the initial rules, essentially laying the foundation for how the HOA will operate before residents ever take over.
Why does a declarant matter?
Understanding who the declarant was, and what control they may still hold, matters most in newer communities where the developer hasn’t fully handed over the reins yet. Some declarants retain voting power or veto rights during a transition period that residents don’t always realize exists.
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 reviewing the original governing documents for the first time.
