What defines a declarant in real estate terms?

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A declarant in real estate refers specifically to a natural or legal owner who commits property to a particular regime, such as a condominium or planned community. This role is significant because the declarant is responsible for establishing the governing documents that outline how the community or property regime will operate, which includes rules, regulations, and the overall framework for property ownership and management within that setting.

Understanding the position of a declarant is essential, especially in the context of homeowners' associations or condominiums, as this person or entity sets the foundational policies and procedures that all subsequent owners or residents must adhere to. The declarant typically maintains control over the property until a certain number of units are sold or a predetermined time frame elapses, at which point control may shift to the homeowners or a governing board.

The other definitions, such as individuals who list properties for sale or manage real estate firms, do not pertain to the role of a declarant. Additionally, a resident living in a condo community does not have the same responsibilities or legal obligations tied to the establishment of the property’s regulatory framework. Thus, the identification of the declarant as the owner committing property to a specific regime captures the essential legal and functional responsibilities associated with that role.

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