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ARTICLE · 14 JANUARY 2021

Who Is The Declarant? And Why Does It Matter?

Ward and Smith, P.A
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The concept and designation of the "Declarant" arise from the formation of a planned community or a condominium.

United StatesReal Estate and Construction
Samuel B. Franck
Samuel B. Franck

The concept and designation of the "Declarant" arise from the formation of a planned community or a condominium. 

When the developer declares land to restrictions described in a "Declaration" for a planned community or a condominium, that developer has the opportunity to reserve certain rights to itself as the "Declarant."  Although there is no requirement that the developer reserve such declarant rights, it is common practice to do so and very unusual for a developer to form a planned community or condominium without reserving declarant rights.  Subsequently, any party who holds any of the reserved declarant rights is a Declarant.

Although people often associate the concept of "developer" with a specific natural person, the Declarant is often an entity, such as a corporation or a limited liability company.  While a natural person may very well be authorized to act on behalf of a corporate Declarant, that authority does not vest the declarant rights in the natural

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