The "Declarant" is the person or entity that creates the original governing documents for the association. The Declarant is generally the developer of the project and usually reserves certain rights and powers to himself related to the sale of units in the project, extra voting rights, etc. The Davis-Stirling Act defines the Declarant as follows:
“Declarant” means the person or group of persons designated in the declaration as declarant, or if no declarant is designated, the person or group of persons who sign the original declaration or who succeed to special rights, preferences, or privileges designated in the declaration as belonging to the signator of the original declaration. (Civ. Code § 4130.)
Most associations eventually restate their CC&Rs to eliminate all references to the Declarant, eliminate all legalese, and add pertinent provisions from the Davis-Stirling Act.
Removing Declarant Provisions. Declarant language can be very confusing to directors and members alike. Is the association a successor to the declarant? Does the association have the powers of the declarant? Is the association allowed to modify or delete declarant language? The association is not a successor to the developer and does not have a declarant's powers unless specifically assigned to the association. Associations can delete declarant provisions once the declarant has completed construction of the development, has terminated construction activities, and has terminated his or her marketing activities for the sale, lease, or other disposition of separate interests within the development. (Civ. Code § 4230.)
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