The board is owner-elected and ordinary amendments need 67%, but the Master Deed grants the Commercial Units a perpetual monopoly on rental management, front desk and guest services that only the Grantor plus a unanimous owner vote can change, lets commercial owners alter their space and veto rules affecting them, and binds owners to mandatory arbitration while exempting the commercial owner's own enforcement suits.
StructureOne association
Commercial unitYes, with its own deed rights
BoardInitial 3-member board appointed by the developer (Class II member) and serving at its pleasure; one at-large owner-elected director after one year and 90 days; after Class II control ends the board becomes 5 owner-elected directors with staggered 3/3/2/2/1-year initial terms and 2-year terms thereafter; directors must be members; any director removable with or without cause by majority vote of the membership; at least quarterly open meetings. Management contracts limited to 3 years and terminable by either party on 90 days' notice without penalty; contracts signed during developer control must be terminable on 90 days' notice.
Developer rightsGrantor (Pinnacle Oceanfront Tower Development, Inc.) holds Class II membership with 4 votes per unit and the right to appoint a board majority while it owns 5 or more units, plus a veto over all Board and committee actions while Class II exists (By-Laws Art. III Sec. 3). Its rights are assignable to The National Bank of South Carolina and then freely by that bank. Grantor consent is required to amend its reserved rights, Master Deed Art. XXII (maintenance/reserves), the Art. XIV commercial-activity restriction and any Commercial Unit rights; it may unilaterally amend for scrivener's errors or lender requirements; it reserved a perpetual, assignable easement over all common elements for 'Renovations' that may include destroying Phase I amenities (Art. XL); it reserved Phases II-IV (more commercial units in the parking deck) until March 1, 2012; and its board representatives need not recuse on self-interested votes (Art. XXXII). The 2021 Rules and 2026 budget show an HOA operating through Ally Management, which suggests but does not prove that Class II control has ended; no termination instrument is in the set.
Commercial-unit rightsDeed-level: only the Commercial Units may conduct rental management, reservations, key pick-up/drop-off, front desk, concierge, cable, movie, internet, wireless broadband and telephone services, shops, restaurant, lounge, game room, guest laundries, spa, etc. (Art. XIV, XXXVI.B). CU-1 holds a perpetual exclusive advertising easement over corridors, elevators, exterior and parking, an exclusive signage easement, exclusive maids' closets and laundry chutes, exclusive vending, and a non-exclusive easement to supply telecom/cable to the building. CU-2 may sell food, beverages and alcohol on the pool decks; CU-3 has the Sun Terrace. Commercial owners may alter non-structural components without Board consent (Art. XIX); rules that affect them are not binding without Grantor consent (Art. XV); a commercial owner who sues to enforce Art. XIV recovers attorney's fees and is exempt from the mandatory arbitration process (Art. XXX.C, XXXVIII.A.2(v)). The three commercial units pay 2.412% each (7.24% total) of common expenses.
VotesOne vote per residential unit (Class I); co-owners designate one Voting Member; proxies allowed; quorum 51% of total votes; 'majority' means more than 50%. Class II (developer) gets 4 votes per unit it owns while it holds 5+ units. Special meetings on petition of 10% of votes.
Changing the deedMaster Deed: proposed by Board majority or owners of a majority of units, then approved by 67% of members owning a unit at a special meeting (Art. XXIX). Unanimous owner and mortgagee consent to change percentage interests or assessment basis; Grantor consent for Grantor rights; Grantor plus all commercial owners for Commercial Unit rights; Grantor plus unanimous owners for the Art. XIV commercial-activity restriction; unanimous owners and lienholders to terminate the regime. By-Laws: 67% of total votes including 67% of non-Grantor votes. Rules: Board alone.
Disputes or lawsuitsNo pending or past litigation is mentioned. The Master Deed imposes a binding, irrevocable arbitration agreement and jury-trial waiver on all owners (Art. XXXVII-XXXVIII): claims against the Association, developer or other bound parties must go through written notice, negotiation, mediation and then binding arbitration on strict 30/15-day clocks or the claim is deemed waived; each side bears its own costs and splits mediator/arbitrator fees. Exempt: Association assessment-collection suits, emergency injunctions, and a Commercial Unit owner's suit to enforce Art. XIV.