Members & process
Declarant
The original developer who recorded the Declaration and who typically retains control of the HOA during build-out.
Also called: developer · sponsor · founding declarant
What it means
The declarant is the developer (or successor) who recorded the original Declaration creating the HOA. During the build-out period — sometimes called the declarant control period or transition period — the declarant typically appoints all directors, controls the budget, and dictates the architectural standards. State statutes (and modern Declarations) impose limits on the control period: often it ends after a certain percentage of lots are sold (commonly 75% or 100%), after a stated number of years from the Declaration's recording, or whichever comes first. The handoff from declarant control to owner-elected board control is called the turnover or transition.
Why it matters
Communities still in declarant control operate very differently from owner-controlled communities. Owners who don't realize they're still inside the control period are sometimes blindsided when their objections to architectural decisions, budgets, or contracts have no effective remedy until turnover.
Example
A community has 200 planned homes; 90 are sold. The Declaration says declarant control ends at 75% sales. The community is still in declarant control; the board is appointed by the developer. Owners can attend meetings but have no votes that bind the board.
This definition is general orientation, not legal advice. Specific questions about your association should be routed to your attorney or a state-statute resource.
Whose job is this?
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