Developer control was required to end by 2017 and an owner Board is adopting and recording rules, but the commercial unit holds exactly what the guide's 1 describes - a deed-level, perpetual monopoly on rental management, reservations, front desk, key pick-up, concierge, in-unit communications and food/beverage within the regime that cannot be amended without Grantor consent and a unanimous owner vote - and the 2018 Policies show that monopoly in operation (the on-site company controls key issue to off-site guests, keeps the approved-agent and cleaner files, and bars its staff from off-site units), plus a guaranteed board seat with CU-1 power to remove any director to install one, Grantor written-consent rights over rules and amendments touching its reserved rights, prevailing-party fee-shifting and an arbitration carve-out to enforce the monopoly, and a perpetual hotel-guest easement over the pools that only the hotel owner can cancel.
StructureOne association
Commercial unitYes, with its own deed rights
On-site operatorHoliday Sands South Vacations, LLC ('HSSV') is named as 'the on-site rental management company' in the 2018 Policies & Procedures (p. 1); Master Deed Exhibit F (2007) named Holiday Sands South Properties, Inc. in that role (p. 71). HOA management: Ally Management, Inc. (2025 insurance certificate; Association incorporated c/o Ally Property Management, Exhibit D p. 52).
BoardThree to five directors, each with one vote; five directors after Class II (developer) control ended, elected by the members with staggered initial terms (two for 3 years, two for 2 years, one for 1 year) and two-year terms thereafter, no term limits. At least one director must at all times be an owner of a commercial unit, and if none is, the CU-1 owner may remove any sitting director and substitute a commercial-unit owner. Directors are removable with or without cause by majority vote of the membership; the Board may remove a director with three consecutive unexcused absences or more than 30 days delinquent. Officers (President, VP, Secretary, Treasurer) are elected annually by the Board from its members. Board meetings are open to members; at least two per year (By-Laws Art. III Secs. 1-16, file pp. 57-61; Art. IV p. 66). Directors receive no compensation unless a member majority approves (Sec. 14 p. 61). The Board may appoint a Covenants Committee of five to seven members as the hearing tribunal for fines (By-Laws Art. V Sec. 2 p. 67). The Board adopted Rules and Regulations in April 2022 and recorded them (Rules 2022 p. 1).
Developer rightsGrantor (Holiday Sands Ocean Front Resort, Inc.) held Class II membership with four votes per unit owned and a veto over all Board and committee actions, and could appoint a majority of the Board, all terminating no later than July 1, 2017 (By-Laws Art. II Sec. 2 p. 55; Art. III Secs. 2-3 pp. 57-58; Master Deed Art. XXXII p. 29, 'no later than May 2017'). While the Grantor owns any unit it also has 'the absolute right to lease or sell any such UNIT ... upon any terms and conditions as it shall deem to be in its own best interest', i.e. the advertising and off-site-manager rules of Art. XXXIX never bind the Grantor's own rentals (Art. XXXII p. 29). Surviving perpetual Grantor rights: written consent required for any rule that affects the commercial unit or Grantor-reserved rights (Art. XV p. 11), for amending the Article XIV commercial restriction (p. 11), Article XXII maintenance provisions (p. 15), any provision reserving a Grantor right (Art. XXIX pp. 26-27; By-Laws Art. VI Sec. 6 p. 69), and for any timeshare plan (Art. XIV p. 10); the Grantor's chosen rental company is the 'official' agency and is exempt from the advertising ban (Art. XXXIX p. 33); the Grantor or an affiliate may be hired as managing agent (By-Laws Art. III Sec. 19 p. 63); Grantor representatives need not recuse on Grantor contracts (Art. XXXII p. 29); Grantor may unilaterally amend for scrivener errors or lender requirements (Art. XXIX p. 27); Grantor holds a perpetual utility/communications easement over the common elements without Association consent (Art. VIII pp. 7-8). Whether the Grantor still owns units or has formally terminated Class II is not shown in the supplied documents; the Board's own 2022 Rules and the 2018 Policies suggest an operating owner Board but do not say so. Any contract, lease or management contract signed during Class II control binds the Association only if terminable by either party without penalty on no more than 90 days' notice (By-Laws Art. III Sec. 22 p. 65).
Commercial-unit rightsCommercial units CU-1 and CU-2 (about 3.6% combined interest) hold deed-level exclusive rights to: all commercial activity within the regime, specifically general rental management, reservations, key pick-up and drop-off, front desk, concierge, cable/movie/internet/wireless/telephone service to units, shops, vending, guest laundries, restaurant, lounge, health spa, real estate sales, cell towers (Master Deed Art. XIV p. 10; Art. XXXVI(B) p. 31); exclusive food and beverage sales on the common elements and pool decks (Exhibit B p. 43); a perpetual exclusive signage and advertising easement over corridors, elevators and the building exterior plus control of movable signs (Art. VI p. 6; Exhibit B p. 43); maid rooms on every floor, vending rooms, roof cell-tower space and other limited common areas (Exhibit B pp. 42-44); exclusive use of maid closets and linen chute (Art. XIV p. 11); the right to alter non-structural components of the commercial unit without Board consent (Art. XIX p. 13); the right to install exterior receiving/transmitting devices (p. 13); a guaranteed Board seat with CU-1 power to swap a director in (By-Laws Art. III Secs. 1, 6, 8 pp. 57-60); eligibility to be paid for landscaping and janitorial work for the Association (By-Laws Art. III Sec. 18(s) p. 63); the right to specifically enforce Article XIV against the Association and owners with prevailing-party attorney's fees, exempt from the mandatory arbitration regime (Art. XXX(C),(F) p. 28; Art. XL(A)(2)(v) p. 35); and consent rights over any amendment touching commercial-unit rights or any timeshare plan (Art. XXIX p. 26; Art. XIV p. 10). In practice the on-site company (Holiday Sands South Vacations, LLC per the 2018 Policies; Holiday Sands South Properties, Inc. per 2007 Exhibit F) runs the front desk that issues keys to off-site guests only after owner registration, keeps the file of approved owners/rental agents and cleaners, refuses mail for off-site units, charges $50 for safe service, and bars its employees from entering off-site units without management authorization (Policies 2018 pp. 1-2). The Board may also enter common-management or cost-sharing agreements with nearby hotels or condominiums (two-thirds of directors) and may assume maintenance of, or grant easements over, property for payment by non-members (By-Laws Art. III Sec. 22 p. 65; Master Deed Art. XX p. 14 contemplates amenities whose access and cost are shared with nearby hotels).
VotesOne vote per unit, weighted by the unit's percentage interest in the common elements (Exhibit C); co-owners designate one Voting Member; proxies allowed; quorum is 51% of the total vote; 'majority' means more than 50%; special meetings may be called by petition of 10% of the votes; action by unanimous written consent permitted (By-Laws Art. II Secs. 1-14, file pp. 54-57). Class II (Grantor) had four votes per unit owned until no later than July 1, 2017 (p. 55).
Changing the deedMaster Deed: proposed by a Board majority or members owning a majority of units, then approved at a special meeting by an affirmative vote of 67% of the members owning a unit, recorded within 30 days (Art. XXIX, file pp. 26-27). Exceptions: changes to percentage interests or the basis of assessments need all owners and all mortgagees; Grantor-reserved rights need the Grantor's written consent; commercial-unit rights need written consent of the Grantor and all commercial unit owners; the Article XIV commercial restriction needs Grantor consent plus a unanimous owner vote (p. 11); Article XXII needs Grantor consent (p. 15); mortgagee rights need all mortgagees (p. 27). By-Laws: 67% of the total votes including 67% of non-Grantor votes, Grantor consent for Grantor-reserved provisions, effective on recording (By-Laws Art. VI Sec. 6 p. 69). Rules and regulations: made and amended by the Board (By-Laws Art. III Sec. 18(f) p. 62). Termination of the regime requires unanimous owners and all lienholders (Art. XXVIII p. 25).
Disputes or lawsuitsNo pending litigation is mentioned (minutes not supplied). The Master Deed is headed with a binding, irrevocable arbitration notice (pp. 1-2); Article XL imposes mandatory written notice, negotiation, mediation (claim waived if not submitted within 30 days after negotiations end) and final binding arbitration under the South Carolina Uniform Arbitration Act for all claims among the Grantor, owners, Association and contractors, with loser-pays shifting of post-mediation costs; exempt claims include Association collection suits and the commercial unit owner's suits to enforce Article XIV (pp. 34-39). Article XXXVIII waives jury trial for all owners (p. 33). The Association indemnifies directors and officers to the fullest extent permitted by law (By-Laws Art. VII p. 69). Arbitration hearings are held at the Regime in Myrtle Beach, with no stenographic record and no post-hearing briefs, and the award is due within 14 days of the hearing (Art. XL(C) pp. 37-39).