Who determines the type of community association that is created?

The type of community association created is primarily determined by the developer. This is because the developer plays a crucial role in planning and establishing the community, including the structure and governance of the association. They decide key elements such as the architectural style, amenities, rules, and the overall management framework of the community association before any buyers come into the picture.

In this context, the developer typically drafts the governing documents, such as the declaration of covenants, conditions, and restrictions (CC&Rs), along with bylaws that will govern the community once it is established. These documents outline the rights and responsibilities of homeowners and the association itself.

While buyers have input in the sense that they choose to purchase a property in that specific community, they do not have initial control over how the association is structured or operates. Local government may have zoning and regulatory authority, but they do not define the type of association. Real estate agents facilitate the buying and selling process, but they do not determine the structure of the community association itself. Therefore, the developer's role is central and definitive in establishing the type of community association created.