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HOA glossary

Declarant

Also called: Developer; declarant control; turnover

The declarant is the developer who created the community and recorded its declaration. During construction and sales, the declarant typically controls the association — appointing the board, writing the first budget, and often holding extra votes per unsold lot — so the project can be finished as planned.

Declarant control ends at turnover, usually triggered when a set percentage of lots have been sold or a deadline passes, as defined in the CC&Rs and state law. At turnover the owners elect their own board and the declarant must hand over the association's records, funds, contracts, plans, and warranties.

New owner-controlled boards should inventory what they received, review reserve funding and construction defects promptly, and confirm the declarant paid assessments on the lots it owned.

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