Declarant

The declarant is the developer, builder, or entity that created the community — drafted and recorded the original CC&Rs, plat, and HOA governing documents, and initially controlled the association. During the development period, the declarant typically retains special rights and veto powers not available to regular homeowners — called 'declarant rights' or 'developer control.' These rights allow the developer to continue building and selling in the community without needing homeowner approval for each decision. Declarant rights are time-limited and expire upon sale of a defined percentage of lots/units, passage of a set number of years, or when the developer voluntarily surrenders control — whichever comes first.

Buyers in new developments should understand that the HOA is often controlled by the developer during the early years. Financial practices and rule enforcement can differ significantly from what will happen after homeowner turnover.