Owner-elected three-person board with one vote per unit and the developer's control expired in 1990, but a privately owned Commercial Unit holds the lobby, check-in desk and maids' rooms with rental and restaurant rights, writes the lobby rules, can be altered or subdivided without an owner vote and has an entrenched article, the Grantor's reserved rights need its consent to change, the deed needs 75% of value to amend, and the Association still pays an unexplained $52,452 a year to 'Caravelle Resort'.
StructureOne association
Commercial unitYes, with its own deed rights
On-site operatorCaravelle Properties Limited Partnership (the developer; general partner Caravelle Resort, Inc.) owned the Commercial Unit and 'provides on site rental management' as of the December 1993 Agreement and Release (deed packet p.50); the 2024 budget carries a $52,452 'Caravelle Resort' line under Repairs and Maintenance and the undated rules sheet refers to a 'Management Company' and to fines 'by the HOA or the Caravelle'; the current operator, the commercial-unit owner and what the 'Caravelle Resort' line pays for are unstated
BoardThree directors since the May 28, 1990 By-Law amendment (originally five); elected by plurality at the annual members' meeting, now the last Saturday in February, with staggered terms set in 1991 (three, two and one year) and two-year terms thereafter; voting for directors is non-cumulative; the president and treasurer must be directors; directors and officers serve without fees; vacancies filled by remaining directors until the next annual meeting; removal as provided by South Carolina corporate law (By-Laws 4, 6; Amendment to By-Laws, deed packet p.70). The developer's right to designate a board majority (while owning 6+ units) or one director (1-5 units) expired January 1, 1990 (By-Laws 4(a) p.4; Articles VIII, deed packet p.44). The board may contract out management and delegate all Association powers to the contractor except those the Master Deed reserves to the board or members (By-Laws 4(j)(vi), p.8; Articles III.2(d), deed packet p.42); the 2024 budget shows $16,200 of Management Fees, so an outside manager is engaged (2024 Budget p.1). Directors may act without a meeting by signed written record (By-Laws 5(b), p.9). The Articles also require that at least a majority of the directors be members of the Association (owners) or authorized representatives, officers or employees of a corporate member (Articles VIII, deed packet p.44).
Developer rightsGrantor Caravelle Properties Limited Partnership (general partner Caravelle Resort, Inc.): while it owns any unit it may sell, lease or license its units on any terms (Art. XXXIII, p.33); while it retains any interest it may use any unit it owns as a sales and rental office or model and may assign that commercial usage right to anyone (Art. XV, p.13); it may use one unit as a sales office for one year after filing (Art. III(c), p.6); its board representatives and it as a member need not abstain on management contracts or other matters in which it has a pecuniary interest (Art. XXXIII, pp.33-34); it must receive audited annual financial statements while it owns a unit or holds a mortgage (Art. XXXIV, p.34); its reserved rights cannot be altered without its written consent (Art. XXX, pp.30-31; By-Laws 9(e), p.13; Articles XV, p.47). Its board-designation power ended January 1, 1990. As of December 1993 it still owned the commercial unit and several residential units and ran on-site rental management (Agreement and Release, p.50); current holdings unstated, though the 2024 budget still pays $52,452 to 'Caravelle Resort' for an unstated purpose (2024 Budget p.1).
Commercial-unit rightsThe Commercial Unit (lobby, check-in desk, storage, mechanical space and the maids' rooms on each floor) is a separately owned unit with a 0.0210 percentage interest. It may be used in connection with the rental of units, a restaurant or any other resort-condominium use; its owner may alter, re-lay-out, subdivide or combine it and reapportion its common-element interest without any vote of the Association, owners or mortgagees, subject to not changing other units' percentages, not harming structural integrity or exterior appearance, and holding the Association harmless; Art. VI cannot be added to, amended or deleted without the written consent of the Grantor or the then owner of the commercial unit (Art. VI, pp.8-9). Its owner makes and enforces rules for the lobby and other public areas, while residential owners and their guests keep a non-exclusive easement through the lobby and corridor to elevators and stairs (Art. V, p.8). No document grants the commercial unit an exclusive right to rent residential units or to run guest services, and the rules sheet treats owners' outside rental companies as normal.
VotesOne vote per unit, and a member owning several units casts one vote per unit (Articles of Incorporation Art. IV.4, deed packet p.43); quorum is a majority (51% of statutory value) of the membership (By-Laws 2(b), p.2); a majority of units represented at a quorate meeting binds the members unless the documents require more (By-Laws 2(f), p.3); proxies valid only for the meeting named; special meetings on request of members owning a majority of units (By-Laws 3(b), p.3). The percentage interest in common elements cannot change without unanimous consent (Art. IV, p.8). A unit owned by an entity (LLC, corporation, trust) must file a certificate signed by the record owner naming the person entitled to cast its vote; co-owners who cannot agree lose the vote on that question (By-Laws 2(c), p.2).
Changing the deedMaster Deed: proposed by a majority of the board or members owning a majority of units; adopted by members owning at least 75% of the basic value per Exhibit B at a special meeting called on 20-60 days' notice; changes to percentage interests or the assessment basis need every owner and mortgagee; changes to Grantor or mortgagee rights need their written consent; recorded within 10 days (Art. XXX, pp.30-31). By-Laws and Articles: proposed the same way and adopted by members owning not less than two-thirds of total statutory value at a special joint meeting (By-Laws 9, pp.12-13; Articles XV, pp.46-47). Termination of the regime requires unanimous owners and all lienholders (Art. XXIX, p.29). Rules: board alone (Art. XIV, pp.12-13). The Master Deed controls over the By-Laws and Articles in any conflict (By-Laws 10, p.13).
Disputes or lawsuitsDecember 1993 Agreement and Release: the Association released the developer and 'Caravelle Management' from all claims over water damage at the building in exchange for a $28,000 contribution toward water-damage repair and waterproofing, with recitals that the 1983 motel converted in 1988 was 'currently experiencing water damage which resulted from improper maintenance' (deed packet pp.50-57). The 2026 letter reports reserves spent on basement repairs, exterior building repairs, a lighting project, stairwell replacement and roof replacement, an engineer's balcony report, and a bank refusing to underwrite a loan until reserves are rebuilt. The 2024 budget carries $30,000 of engineer's fees and only $1,000 of Legal Services (p.1). No pending litigation is mentioned. No arbitration or mediation clause appears in any document; the deed's remedies are court actions for damages, injunctive relief and lien foreclosure, with costs and attorney's fees to the Association if it prevails and never to the owner (Art. XXXI(a) and (c), pp.31-32).