The Canterbury Court board is fully owner-elected with ordinary two-thirds amendment rules and no commercial-unit monopoly, but owners have no vote at the master association, whose board the resort-owner Declarant appoints while it holds 10% of the land, which can special-assess by board vote and exempts itself from its own rules.
StructureTwo tiers: a master association above this one
Master associationKingston Plantation Master Association
BoardCanterbury Court POA: five (5) directors elected by and from the Co-Owners to one-year terms at the April annual meeting; directors must be POA members or representatives of entity members; removal by more than 50% of total votes at a special meeting; quorum is more than 50% of votes; votes are weighted by Percentage Interest (Master Deed 3.1, 3.4; Bylaws 3.01, 3.06, 3.08, 4.02, 4.07). Declarant's right to appoint directors ran until 75% of units were conveyed (Bylaws 4.02) and its unilateral amendment right expired December 31, 1997 (Master Deed 9.1). KPMA board: elected by the Members (the sub-associations, not owners) after the Declarant loses its Controlling Interest; while the Declarant owns 10% or more of the Property area it appoints all KPMA directors (KPMA 1.1.9, 4.2).
Developer rightsCanterbury Court Declarant (Rank Development, Inc.) rights to add Phases, open doorways between units and amend ran to December 31, 1997 and have expired; Declarant retains easements for sales office/model units (Master Deed 5.3). At the master level the KPMA Declarant (a hotel-owning entity: FelCor Myrtle Kingston Hotel, L.L.C. in 2016, later Kingston Resort Owner LLC) keeps broad development easements, is exempt from Article VIII architectural/use restrictions, may amend the KPMA Declaration unilaterally for compliance/title/lender reasons, and declares itself exempt from the KPMA Rules and Regulations (KPMA 2.2, 3.4, 8.2, 9.2; KPMA Rules header).
Commercial-unit rightsNo commercial unit, rental program or operator rights are granted in the Canterbury Court Master Deed (one unexplained reference to 'the Commercial Unit' in 11.3(c)). KPMA 2.3 forbids any regulation that prohibits, limits or obstructs public access to the Common Areas, the commercial Parcels or any parking within the Development, and lets the Declarant charge usage or membership fees for amenities it operates as a club before transferring them. The KPMA board may lease or grant licenses or concessions over portions of the Property (KPMA 4.4), and the KPMA Declaration cannot be terminated while the Declarant holds a Controlling Interest unless it consents in writing (KPMA 9.4).
VotesWeighted by Percentage Interest (ratio of unit value to all unit values; Master Deed 2.6, 2.7, 3.4); majority of votes present at a meeting with quorum decides ordinary matters (Bylaws 3.08). Individual owners have no vote at KPMA; the sub-association is the member (KPMA 4.1).
Changing the deedMaster Deed and Bylaws: two-thirds of all voting interests (Master Deed 9.2); Bylaws alone: majority of a quorum at a members' meeting (Bylaws 11.01); structural alterations to Common Elements: 75% of Co-Owners (Master Deed 8.2); reconstruction after loss exceeding two-thirds of the project: three-quarters consent (7.1); termination: all Co-Owners plus mortgagees (10.1). KPMA Declaration: two-thirds of Members' votes, with owner/mortgagee consent only if materially and adversely affected (KPMA 9.1.2).
Disputes or lawsuitsNone stated in any document on file.