The rule requires that the declarant be unavailable to testify at trial. The declarant is almost always unavailable due to death, but it is not required.

Probably not, unless the declarant sells the entire project, including unsold units and un-built land to another developer.

In that case, then, another association-savvy attorney who represents the new developer would be involved in order to craft a new public offering statement that covers the new developer's -- new declarant's -- rights.

However, in your particular situation, you are best advised to consult with your association-savvy attorney who can more specifically answer your question.

Declarant's capacity refers to the legal ability of a person to make a statement or declaration. It typically involves confirming that the individual is of sound mind, competent, and authorized to provide the information being declared. In legal documents, declarant's capacity ensures that the statement has been made by someone who is legally capable of doing so.

Generally, the property owner must grant an easement.

Yes. The declarant is bound by the provisions in the Master Deed as well as any unit owner unless there are any provisions that have been determined to be unlawful by statute, ordinance or court order.

Yes. The declarant is bound by the provisions in the Master Deed as well as any unit owner unless there are any provisions that have been determined to be unlawful by statute, ordinance or court order.

Yes. The declarant is bound by the provisions in the Master Deed as well as any unit owner unless there are any provisions that have been determined to be unlawful by statute, ordinance or court order.

Yes. The declarant is bound by the provisions in the Master Deed as well as any unit owner unless there are any provisions that have been determined to be unlawful by statute, ordinance or court order.