The Declarant lost more undeveloped lots (by Deed In Lieu of foreclosure) than the 75% needed to hand over the association to the members. The Declarant never lived up to any duty he was supposed to.i.e assess members, maintain common areas, retain insurance etc. He never appointed any board member(s) , but he did add some lots to the project before he lost them by DIL of foreclosure. Please explain which would be no later than the earlier of. example: Did the Declarant have 60 days after he lost the lots (leaving him less than 75%), or two years after he added the extra empty lots to the project. The extra lots were a short plat abutting the main lots, and he added them to keep Declarant control. He added the extra lots about a year before he lost them by DIL of foreclosure.