Definition
The developer or original owner who creates an HOA and records its CC&Rs, controlling the community until it transitions to homeowner control.
The declarant is the party — usually the developer — that establishes an HOA by recording the CC&Rs (the "declaration"). During the early build-out, the declarant typically controls the board and retains special rights.
As homes are sold, control gradually shifts from the declarant to the homeowners, culminating in the transition (or "turnover") when a homeowner-elected board takes over. Understanding declarant rights matters most during that transition period, when the community should review finances, records, and any unfinished obligations.