DECLARANT

The "Declarant" is the person or entity that creates the original Declaration of Covenants, Conditions and Restrictions (CC&Rs) that govern the association. The Declarant is generally the developer of the project. The Declarant 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. Civil Code §1351(g)

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. This can also be done by amendment.

Updated by ADAMS KESSLER 9/29/2008