Declarant

A Declarant is, typically, an individual or entity who establishes a residential or commercial project and creates an association to manage it. A Declarant will draft and record a set of CC&Rs against the property comprising the project and will usually reserve certain rights to itself as a Declarant including the right to appoint a majority of directors and make unilateral (i) amendments to the governing documents and (ii) annexations of additional property into an association. A Declarant may also exempt itself from certain provisions in the governing documents including architectural control. A Declarant may also be a homeowner-controlled association that restates its CC&Rs and/or bylaws (i.e., completely replaces its existing CC&Rs and/or bylaws with a new set). A Declarant may also be a developer.

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