Developments of communities move through many stages during the build-out of the development. During the build-out, the developers are very much in charge of the community. As such, the initial Declarations (the documents that pertain to the ownership and management of the community) are written with the process of development in mind and include the developers as having responsibility for the community.

When development of that community is finished, things need to change. One change for instance, is a Board of Directors is formed to administrate the community. Bylaws are written to govern the administration. Usually, the Declarations and bylaws are re-written soon after to better suit the finished community. However, at Eastwood, our Declarations were never re-written. 

Below is an excerpt from https://www.davis-stirling.com/HOME/Removing-Developer-Provisions

QUESTION: Our CC&Rs and bylaws have never been revised. In a number of provisions, powers are given to the “Declarant.” Since the builder has been gone for over 20 years, should these provisions be removed from our documents?

ANSWER: Yes they should. Declarant language can be very confusing to directors and members alike. Is the association a successor to the declarant? Does the association have the powers of the declarant? Is the association allowed to modify or delete declarant language? In short, the association is not a successor to the developer and does not have a declarant’s powers. And yes, associations can delete declarant provisions once the declarant no longer has an interest in the development.

Declarant Defined. As defined by the Davis-Stirling Act, a “declarant” is one who creates the original documents that govern the association. (Civ. Code §4130.) A declarant (the developer) normally gives himself a great deal of power and voting rights so he can complete the development and sell units without interference from homeowners.

Removing Provisions. Declarant language should be deleted along with all the legalese that goes with it. It gives associations the opportunity to clarify maintenance issues (always a source of conflict and potential liability), add director qualifications, incorporate changes in the law, and make the documents easier to read.

The time is NOW to re-write the Declarations. We ask you to speak to your representatives on the Eastwood Board of Directors, requesting that these Declarations be re-written.What You Can Do… One example of what should be included in the Declarations is the ability for the Eastwood Board of Directors to fine owners of the Eastwood Golf Course property for failing to maintain the property and keep the grass mowed to a certain maximum height.