Nature of Declarant

Started by JohnG • 4 replies • 2582 views

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JohnG (Arizona)
Posts: 7

Posted:

I am amending the CC&Rs because the original document is missing several major itmes (i.e. the description of the property). If the developer no longer owns any property, can the Declarant be changed to the HOA?

Thanks for your help.

RogerB (Colorado)
Posts: 5,067

Posted:

JohnG, yes you can get rid of the word Declarant and any other obsolete items.

JohnG (Arizona)
Posts: 7

Posted:

Can I make the Declarant the HOA or should I just get rid of the Declarant altogether.

Thanks, Roger.

RogerB (Colorado)
Posts: 5,067

Posted:

JohnG, the Declarant is usually considered to refer to the Developer since it is created and filed by them. Read your Declaration to determine whether your Declaration defines Declarant or refers to the Declarant (a)as the Developer or (b) as the HOA. I think you can amend the Declaration to identify the Declarant as the HOA once the Developer is gone. Make sure to check other documents such as the plat, articles of incorporation, and bylaws and make them compatible.

LuciusD
Posts: 139

Posted:

In my layman's opinion, you urgently need the advice and support of an attorney experienced in HOA law.
Fiddling with your CCR's without one is like doing brain surgery on yourself.

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