Approval from Declarant

Our Declaration of Restrictions state rights for Declarant and or Developers but nothing for the Association, only obligations except one or two rule making policies in ref to pets and some rule making policies under our Bylaws but in reference to existing laws not addressed in the Restrictions.

There is a provision where any rights assigned or transferred have to be publicly recorded. Our development is finished and the Declarant is gone. No assignment or transfer of rights occurred.

The Declaration has ...

#1 No trellis or similar structure can be placed or permitted without the written approval of the Declarant and location, height, material shall be subject to the writing approval of Declarant

#2 No trellis or similar structure shall be constructed in the front or side yard of any home-site.

Would #1 be the rights of the Declarant?
Does the Association have this right that the Declarant had as in written approval and choice of material, location etc....

Amendments are subject to a 67% vote.

Thanks in advance for any opinions

Could you please direct me to where it states that the Declarant rights automatically pass to the Association?

DonnaL5 (Maryland): "Could you please direct me to where it states that the Declarant rights automatically pass to the Association ?"

Presuming you are subject to "TITLE 11B. MARYLAND HOMEOWNERS ASSOCIATION ACT" ( http://law.justia.com/codes/maryland/2010/real-property/title-11b ) you can check this yourself or better yet hire an insured legal professional.

(If your community is instead part of TITLE 11. MARYLAND CONDOMINIUM ACT
see http://law.justia.com/codes/maryland/2010/real-property/title-11 )

If it's 11B HOAs, the Act

1- defines Declaration in s 11B-101 as

(1) "Declaration" means an instrument . . . that creates the authority for a homeowners association to impose etc . . . ")

The Act requires the Declarant to disclose to first buyers the future HOA with jurisdiction in s 11B-105. Although the HOA Act treats the covenant-obeying obligation as in place with registration, the Act creates no deadline to actually "elect" the HOA governing body to carry out the governance. It leaves to the Declarant what will occur until that election. Nor does it specify in s11B-106.1 that it is the Declarant to hold the meeting that will elect the HOA governing body, but it requires certain Declarant notices & physical deliveries.

Thus it appears there is no legislated need to literally "assign" what already exists but there is a HOA turn-over (turnover) protocol in S 11B-106.1.

( In contrast some jurisdictions like my own, create within its condo law, the formal Board structure instantaneously with bodies in place upon registration of the Declaration.

It is followed as sales milestones are met, by progressive replacement of Declarant's initial Directors by arms-length unit buyers to take over the Board Director by Director from the Declarant's "sweetheart " Directors. Thus occurs a more seamless transition with a Board structure actually in place from the first second after registration of the Declaration. That ain't your state, but you may find it easier to get into a comfort zone. Check with your lawyer )