Declarant Approval Required. After the expiration of the Period of Declarant
What does this mean?
Control and for so long as the Declarant owns any Unit, any action for which the consent or approval
of the Board of Directors is required under this Declaration may be taken only if such action is also
consented to or approved by the Declarant.
The Declarant is whoever owned the property and put in place the Covenants, Conditions and Restrictions (CC&Rs). It could be a person, a corporation, a partnership, etc., but it is who owned the property at the time the CC&Rs are "declared" to apply to the land.
Just like Mr. Nagle mentioned, the most frequent time this language comes up is when the Declarant is the developer of a subdivision or a condominium and is selling lots or units but has not sold them all (or some significant portion of them). As the lots get sold, the true future owners of the subdivision or condominium start to fill in on the board and take actions on behalf of the community that they live in. The Declarant developer wants to maintain a kind of veto power over those actions until the developer has sold out the lots or units and moves on.
Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. I am licensed in Arizona and can only provide general comments on matters outside of Arizona law. Actual legal advice can only be provided after a direct consultation in which all of the relevant facts are considered before providing a response.
Typically, the original developer of a condo or subdivision is the Declarant under the CC&Rs. While the developer still owns property in the subdivision, it doesn't want the homeowners to make changes in the declaration without its consent to eliminate the risk the new owners will make a change that will inhibit the Declarant from finishing up the sale of units.
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