With no explanation, chose the best option from "A", "B", "C" or "D". as required by § 34-36.1-3.04(c), or as a result of plaintiffs failure to timely exercise the right to exclude the property; the salient fact is that the right to exclude the real estate expired no later than January 11, 1999, when the time limit within which to withdraw the real estate expired under the terms of the declaration of condominium. Thus, in accordance with § 34-36.1-2.10(c)(4), title to unexercised declarant rights passed to the unit owners’ association as a matter of law. When a declarant fails to timely exercise his or her development or special declarant rights, those rights expire and a third party cannot thereafter revive them and convey what that third party does not own. See America Condominium Association, Inc. v. IDC, Inc., 844 A.2d 117, 131 (R.I.2004) (<HOLDING>); St. Jean Place Condominium Association v.

A: holding that the date of the offense was material to the defense where defendant could not have anticipated from the date specified in the indictment that the state would present evidence that the crime occurred nearly two months later
B: holding that development rights automatically expired when the declarant failed to exercise them by a date specified in the declaration
C: holding that the date of the federal indictment not the date of the state arrest was the triggering date for the speedytrial act
D: holding that the state was estopped to argue that the 90day notice period  expired on a date prior to the expiration date it cited to the claimant
B.