What is Declarant Control?

There are so many new communities being built in the lowcountry. It’s amazing how our community keeps expanding!

So when you moving into a new community that is still under development, who is in charge of the homeowners association? The short answer to that question is, the Developer.

For a certain time period while the community is being completed. The Developer is in control of all decisions. This is called "Declarant Control".

Prior to a community being developed, there’s a lot that goes on . There are plans that need be submitted to the Town and/or the County prior to the first home being built. Once those plans are approved, the Developer must not deviate from those plans. Included with the plans submitted are documents that lay out the legalaties of the association, rules & regulations and when the association can "transition" from Declarant Control to Homeowner Control.

Typically, the Covenents will declare that a certain percentage of home must be built before the Declarant turns the association over to the homeowners (85%, 98%, 100% etc.)

But no matter what the percentage, the developer is the one in charge of making decisions for the association. That might seem kind of intimidating, but there is a reason why. The developer is in the business of building and selling homes. The more that sell, the more homes that are contributing to the expenses of the community. He/she knows what was approved to be built by the town/county and he/she will make sure that the final approved site plan is delivered to the owners exactly as promised.

If you have any questions about Declarant Control that I did not cover in this article, feel free to reach out to me at (843) 540-4664 or at info@patriciamillersells.com.

HAPPY NEW YEAR!!!