Brighton's board is fully owner-elected and the commercial unit has no rental monopoly, but it holds lobby/laundry/maid-room limited common elements, and the master association is controlled by the resort Declarant with owners having no vote and binding board authority.
StructureTwo tiers: a master association above this one
Master associationKingston Plantation Master Association
Commercial unitYes, with its own deed rights
BoardBrighton POA: 3 directors during developer (Class II) control, increased to 5 at the first annual meeting after Class II control ended (no later than Dec 31, 2010); owner-elected, staggered 2-year terms, nominating committee plus floor nominations, removable with or without cause by majority of members; open board meetings (By-Laws Art. III). Kingston Plantation Master Association: directors are elected by the Members, which are the subordinate associations (not owners); while the Declarant holds a 'Controlling Interest' (10%+ of Property area) it appoints ALL KPMA directors (KPMA Decl. 4.1, 4.2).
Developer rightsBrighton: Grantor's Class II membership (4 votes per unit), board-majority appointment and veto power all terminated no later than Dec 31, 2010; option to add Phases II-IV expired 20 years after filing (2020). Kingston Plantation master level: Declarant (FelCor Myrtle Kingston Hotel, L.L.C. in 2016; Kingston Resort Owner LLC per the later KPMA rules) keeps the right to appoint the whole KPMA board while it owns 10%+ of the land, is exempt from KPMA architectural standards and rules, may amend the Declaration unilaterally for lender/title/government compliance, and no termination is valid without its consent (KPMA Decl. 1.1.9, 4.2.2, 8.2, 9.2, 9.4; KPMA Rules header).
Commercial-unit rightsOne Commercial Unit on the ground floor (loading dock, meeting rooms, board room, pre-function rooms, lobby space, patio) holds a 2.95% interest (116,000 of 3,930,000 statutory value) and pays a 'Commercial Unit Additional' contribution ($107,660 in 2025). Master Deed Art. V assigns Commercial Units limited common elements including 'laundry facilities, lobby areas, maid and janitorial rooms; and storage rooms and closets and television and cable facilities and easements'. No deed-level monopoly on rentals, check-in or guest services is granted. KPMA Decl. 2.3 bars any rule that limits public access to Common Areas, commercial parcels or parking. The Master Deed's definition of 'Commercial Unit' contemplates convention center, meeting rooms, lounges, housekeeping areas, lobby areas, reception areas, vending, restaurants, bars, shops, stores and arcade uses (Art. I.I), i.e. a hotel-style operation is permitted in the building but no rental or guest-services exclusivity is granted.
VotesOne weighted vote per unit equal to its percentage interest in the common elements (0.379% to 0.631% residential; Commercial Unit 2.95%); quorum is more than 50% of total vote; proxies allowed (Master Deed Art. VI; By-Laws Art. II). Owners have no vote at KPMA; the Brighton POA votes there as one Member.
Changing the deedMaster Deed: 67% of Units, with unanimous consent for changes to percentage interests or assessment basis and Grantor consent for Grantor rights (Art. XXXII). By-Laws: 67% of total votes (Art. VII Sec. 6). KPMA Declaration: 2/3 of Member votes, plus any owner/mortgagee materially and adversely affected (9.1.2).
Disputes or lawsuitsunstated. Budget shows $3,000 legal/professional and no litigation line. KPMA Decl. 4.6 makes KPMA Board determinations 'final and binding' on every Owner and subordinate association.