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The concept and designation of the Declarant arise from the formation of a planned community or a condominium.
When the developer declares land to restrictions described in a Declaration for a planned community or a condominium, that developer has the opportunity to reserve certain rights to itself as the Declarant. Although there is no requirement that the developer reserve such declarant rights, it is common practice to do so and very unusual for a developer to form a planned community or condominium without reserving declarant rights. Subsequently, any party who holds any of the reserved declarant rights is a Declarant.