Title 33 – Property

Chapter 16 – Planned Communities

Article 1 – General Provisions

Notwithstanding any provision in the community documents:

1. Each declaration that provides for a period of declarant control of the association shall also provide for a date of or method for calculating the date of the termination of declarant control.

2. For every planned community, without regard to whether the community documents provide for the termination of declarant control, declarant control terminates not later than the date on which the second to last lot in the planned community is conveyed to a buyer.

3. After termination of the period of declarant control and while the declarant owns one or more lots in the planned community, the association shall:

(a) Provide at least the same level maintenance of common areas that the declarant provided.

(b) Not impede the declarant’s ability to develop, construct and sell its lots and not impede access to and use of common areas by the declarant in the same manner as other members.