CCRS Declarant

Started by GiovanniD2 • 5 replies • 2141 views

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GiovanniD2 (Florida)
Posts: 8

Posted:

If the Declarant physically changes on the CCRS but the name on record wasn’t changed. Are they enforceable? example Builder was the declarant on record they have turned the CCRS to the HOA but didn't file to change the decalrants name to refer to the HOA board or a board member. Getting mixed opinions.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Giovanni,

The declarant is not required to do this. The HOA is never in the name of the declarant but rather in the name of the assn. The CCRs are always those of the HOA not those of the declarant. In fact the CCRs are the deed restrictions on all the properties that make up the assn. The only filing that would need to be changed would be the state annual report. The name of the statutory agent most likely would change when the declarant is no longer in control and of course the names of the board members would change. But, this is not something the declarant must do, but rather it is something that is done when the next annual report is filed.

GiovanniD2 (Florida)
Posts: 8

Posted:

Maybe I'm not explaining it correctly.... our CCRS the way it was explained to me is that whoever recorded the CCRS has control of them. The developers name is the one that is on the last recorded CCRS.

GlenL (Ohio)
Posts: 5,491

Posted:

Giovanni as I understand your question the Declarant/Developer has turned over the corporation that is the HOA to the homeowners; this is called transition. While as Mary said there are some places the names will need to be changed, the CC&Rs are not one of them. The most of the sections of the CC&Rs that refer to the Declarant are simply null and void after transition and once s/he is completely gone they all are. Our documents are from the early 90's and we simply ignore the clauses referring to the Declarant.

Studies show that 5 out of 4 people have problems with fractions

MaryA1 (Arizona)
Posts: 7,043

Posted:

Giovanni,

I think you may be confused because, while still in control, the declarant has control of the assn because he has the majority of votes for both board matters and those matters voted on by the members. Once transition takes place his control is gone; however there is no paperwork that must be filed to remove his name from the CCRs. As Glen says, just disregard any articles of the CCRs that refer to "declarant".

Don't feel bad; this is confusing to many people!

GiovanniD2 (Florida)
Posts: 8

Posted:

Thank you all It's clear to me now that it doesn't matter who's names are on the recorded paper.

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