The board is owner-elected with open meetings and developer control has expired, but the commercial unit holds a deed-level monopoly on rental and guest services on the common elements, consent rights over pool-deck changes, maintenance timing, rules and key amendments, a non-recusing ex officio seat, and collects three-year HOA proxies from program owners.
StructureOne association
Commercial unitYes, with its own deed rights
On-site operatorPavilion Resort Management, LLC
BoardFive directors, owner-elected since the Class II (CU-1) control period ended (no later than March 1, 2016); initial staggered 3/2/1-year terms, then two-year terms; directors need not be members; nominating committee plus floor nominations; any director removable with or without cause by majority vote of the membership; board may remove a director with three consecutive unexcused absences or 30+ days delinquent. CU-1 may also appoint a non-voting ex officio director who receives notice of and attends all board meetings with full inspection rights. The draft October 2024 minutes show a five-member board with two seats elected by the owners that year (incumbents re-elected over two other owner candidates). Officers elected annually by the board; management contracts limited to two years; annual audited financial statements required by the By-Laws and a clean 2023 audit opinion was reported. By-Laws also require open board meetings (executive session only on FOIA-type matters), at least two board meetings a year, quarterly financial and delinquency reports, an audited annual report to all members within 120 days of year-end, and member inspection of books, minutes and the membership register (By-Laws Art. III Secs. 9, 15 and 19; Art. VI Sec. 4).
Developer rightsGrantor (Pavilion Condo Conversions, LLC) reserved rights to add up to three more phases within 2,000 feet, which expired March 1, 2016; sales-office/model/signage use while it owned five or more units; written consent to structural modifications while it owns any unit; grantor-favoring provisions amendable only with grantor consent; scrivener-error amendments with CU-1 approval. Management answers (May 2024) state the developer holds no right of first refusal. Master Deed disclaims all warranties ('AS IS' conversion of a 1998 building) and imposes binding arbitration and a jury-trial waiver on all owners.
Commercial-unit rightsDeed-level: CU-1 (described in the operator's own agreement as 'the Agent's Commercial Unit') holds the exclusive right to run rental management, reservations, key pick-up/drop-off, front desk, concierge, guest laundry, cable/internet/telephone service and all other listed commercial uses; owners and the association are barred from any commercial activity on the common elements and this restriction needs a unanimous owner vote plus CU-1 written consent to change. CU-1 also holds perpetual exclusive easements for advertising on corridors, elevators, building exterior and parking areas; food and beverage sales and seating on all pool and sun decks; live or recorded music on the decks 11 a.m. to midnight; an exclusive easement to provide telephone, cable TV and internet to the units and ownership of the switchboard; control of the marquee's movable type; roof antenna rights; a commercially usable easement letting guests of up to 100 off-site 'Adjacent Units' use the pools and decks for an annual fee; the right to alter CU-1 without board consent; sole use of janitorial closets. CU-1 written consent is required for any pool-deck change, for deferring the Maintenance Schedule, for rules that affect it, and for amending Article XIV paragraph 2 (the timeshare ban and daily/weekly/monthly rental right), Articles XXII and XXXII, any provision reserving a CU-1 right (Art. XXIX(vi)), and By-Laws III.2 and III.3. Its board representative need not recuse on contracts between CU-1's owner and the association, and CU-1 may specifically enforce Article XIV with fee-shifting. The association pays an on-site services contract ($110,816 in 2025) and an annual fee to the on-site rental management for key cards, lockboxes, business-license handling and emergencies.
VotesOne vote per unit weighted by percentage interest (Efficiency 0.780087%, Shotgun Suite 0.985640%, CU-1 6.500725%, so the operator alone holds about 6.5% of the vote as a Class I member; during the expired Class II period it carried four times that weight and a veto over all board actions). Quorum is a simple majority of total votes; proxies must reach the secretary 48 hours before the meeting; co-owners designate one voting member. Note: owners who sign the on-site program agreement grant the operator's manager a three-year proxy to vote their HOA membership at all annual and special meetings, which concentrates voting power with the operator.
Changing the deedMaster Deed: proposed by board majority or 25% of interest, approved by 67% of the undivided interest at a special meeting called on 20-60 days' notice; recorded within 30 days. Exceptions requiring unanimous owner (and mortgagee) consent: percentage interests and assessment basis; unanimous owner vote (per Art. XIV itself) plus CU-1 consent under Art. XXIX(vi): the Article XIV paragraph-3 commercial-activity restriction; CU-1 written consent: Article XIV paragraph 2 (timeshare ban and the owners' daily/weekly/monthly rental right, per Art. XXIX(iv) read with Art. V), Articles XXII, XXXII and any CU-1 right; grantor consent for grantor rights; mortgagee consent where their rights are affected. By-Laws: 67% of total votes, never less than the threshold of the clause being amended, with CU-1/grantor consent for their reserved rights. Termination of the regime: unanimous owners and lienholders.
Disputes or lawsuitsManagement answers (May 2024): no pending litigation. Master Deed Article XXXIX requires binding arbitration in Horry County of all claims under the deed or about construction/condition (collection suits, TRO suits and CU-1's Article XIV enforcement suits excepted), with jury trial waived (Article XXXVIII); prevailing-party fees. The on-site program contract also mandates arbitration. No disputes are mentioned in the 2024 minutes.