The original developer or builder who created the HOA and recorded the CC&Rs.
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.
Developer Control
The period during which the developer (declarant) controls the HOA board before homeowner turnover.
Turnover
The transition of HOA control from the developer (declarant) to elected homeowner directors.
CC&Rs
Covenants, Conditions, and Restrictions — the primary deed-recorded document governing what owners can and cannot do.
Governing Documents
The complete set of legal documents that establish and regulate the HOA — CC&Rs, bylaws, rules, and the plat.
LotWize handles declarant tracking automatically — along with violations, ARC requests, meeting minutes, and homeowner communications, all in one platform built for self-managed HOAs.
Start 14-Day Free TrialThis page provides general information only — not legal or financial advice. HOA laws vary by state and community. Always consult your governing documents and an HOA attorney for guidance specific to your situation.