• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Who is the Declarant?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

newcondo

Junior Member
What is the name of your state (only U.S. law)? MD

Hello, I was wondering who is usually considered the "Declarant" that is often stated in most condo docs? Thanks in advance.
 


tranquility

Senior Member
It's someone who has made a statement or who has signed a declaration. Depending on what part of the document it's used, it could mean a different person with each use.
 

newcondo

Junior Member
It's someone who has made a statement or who has signed a declaration. Depending on what part of the document it's used, it could mean a different person with each use.
So whomever signed the Declarant's Certification will be considered the Declarant? And what if that entity is no longer in control nor holds the power of percentage, are they still considered the Declarant?
 

Some Random Guy

Senior Member
So whomever signed the Declarant's Certification will be considered the Declarant? And what if that entity is no longer in control nor holds the power of percentage, are they still considered the Declarant?
1. Usually.
2. Maybe.

For #1, if the person is signing on behalf of an organization such as a corporation and they have the authority to sign declarations for that organization, then the Declarant may be considered to be the organization rather than the individual. How was the document signed, exactly?

As for #2, it depends on what the document is for and how the entity transferred its ownership/rights to the successor entity.
 

newcondo

Junior Member
1. Usually.
2. Maybe.

For #1, if the person is signing on behalf of an organization such as a corporation and they have the authority to sign declarations for that organization, then the Declarant may be considered to be the organization rather than the individual. How was the document signed, exactly?

As for #2, it depends on what the document is for and how the entity transferred its ownership/rights to the successor entity.
Well the actual copy of the form in the condo docs is unsigned and just has the spaces llisted for the signee and the notary public to sign but is blank. Hope this helps?
 

Some Random Guy

Senior Member
So whomever signed the Declarant's Certification will be considered the Declarant? And what if that entity is no longer in control nor holds the power of percentage, are they still considered the Declarant?
Well the actual copy of the form in the condo docs is unsigned and just has the spaces llisted for the signee and the notary public to sign but is blank.
Then the answers to your questions are
1. Nobody
2. Doesn't matter

It sounds like this is a form letter designed to be filled out by somebody. And so far you have not identified anyone who has filled it out.

Edit: Perhaps we should restart this thread by having you explain why you care about this? What does this document mattter and are you being told to fill it out or are you relying on someone else to have filled it out?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top