Legal Question in Real Estate Law in Arizona
Declarant Approval Required. After the expiration of the Period of Declarant
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.
What does this mean? Thanks much!
Asked on 4/11/12, 1:09 pm
1 Answer from Attorneys
Donald Scher
Donald T. Scher & Associates, P.C.
The declarant is the developer of the property who composed the CC&Rs;, and it is common that the developer remains in control of the association of owners until the project is sold out. This means that the developer can make changes or veto any proposed changes until the unit owners take over control of the association. The developer rules, not the majority.
Answered on 4/11/12, 1:50 pm
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