Owner-elected five-member board, equal votes, two-thirds deed amendment and no commercial unit, but the POA is subordinate to a master association in which owners have no vote, whose board the Declarant appoints while holding a Controlling Interest, and whose board alone can special-assess every unit equally.
StructureTwo tiers: a master association above this one
Master associationKingston Plantation Master Association
Commercial unitNone
BoardFive directors, all must be owners (one per unit, no relatives serving together), elected by plurality written ballot at an annual meeting held on a Saturday in April-June, two-year terms, unlimited consecutive terms; removal with or without cause by 51% of total eligible votes; officers chosen by the Board from among directors; Board meets at least quarterly; no director compensation (Bylaws 3.02, 4.01-4.05, 5.02, 8.01). Board may hire a managing agent but may not delegate policy-making (Bylaws 8.02).
Developer rightsCumberland Terrace Declarant (Rank Development, Inc.) no longer owns any unit and its consent rights are gone; the 2020 deed removed all Declarant provisions (2020 Deed recitals; 1989 Deed Art. IX and XII are superseded). KPMA Declarant (FelCor Myrtle Kingston Hotel, L.L.C. per the 2016 declaration; Kingston Resort Owner LLC per the KPMA rules) appoints the entire KPMA board for as long as it owns a 'Controlling Interest' (10% or more of the land area), is exempt from KPMA architectural and use rules and the KPMA rules and regulations, may build anything anywhere on the Property, may amend the KPMA declaration unilaterally for lender/title/regulatory purposes, and the declaration cannot be terminated without its consent while it holds a Controlling Interest (KPMA Decl. 1.1.9, 2.2-2.3, 3.4, 4.2.2, 8.2, 9.2, 9.4; KPMA Rules header).
Commercial-unit rightsNo commercial unit or rental-desk monopoly exists in the 2020 deed. Kingston Plantation is a mixed-use resort; the KPMA declaration states that neither the Declarant, KPMA nor any sub-association may adopt any regulation that 'prohibits limits or obstructs public access to the Common Areas or the commercial Parcels within the Development or any parking within the Development', and the Declarant may run amenities as a club with membership fees before transferring them to KPMA (KPMA Decl. 2.3). KPMA may lease or grant concessions on portions of the Property (4.4).
VotesOne vote per unit, 72 votes total, majority of votes cast decides unless otherwise specified; quorum 51% of eligible votes; proxies allowed (11-month life); mail, electronic and ballot voting permitted; written consent without a meeting needs 80%; special meetings on request of 10% of votes; suspended votes are not counted toward eligible votes (2020 Deed 3.4, Exhibit D; Bylaws 3.03, 3.10-3.14). Owners have NO vote in KPMA: the POA is the only member and casts the vote for Cumberland Terrace (2020 Deed 3.2; KPMA Decl. 4.1).
Changing the deedMaster Deed: owners casting at least two-thirds of total eligible votes, recorded to be effective; no change to a unit's dimensions or percentage without that owner's consent; Article XI (mortgagee rights) needs all mortgagees (2020 Deed Art. XIV, 11.8). Bylaws: 51% of eligible votes (Bylaws Art. X). Rules: Board alone, 30 days' notice (2020 Deed 5.2(a)). Additions of common element facilities, discontinuing a facility, or major structural alteration of common elements: 51% (2020 Deed 2.4(a), 2.4(c), 7.1). Borrowing over $25,000 or for improvements beyond original standard: 51% (Bylaws 8.06). Termination or sale for obsolescence: all owners and all mortgagees (2020 Deed 10.1, 13.1). KPMA declaration: two-thirds of KPMA member votes plus affected owner/mortgagee consent for materially adverse changes (KPMA Decl. 9.1).
Disputes or lawsuitsNo lawsuit, claim or dispute is mentioned in any document. The 2026 budget carries $4,500 for legal and professional services and $5,000 for 'Insurance Claims' (both flat year over year). The 2020 deed adds a mandatory dispute-resolution article: non-exempt claims between owners and the Association must go through written notice, negotiation and AAA mediation before suit, each party bearing its own fees; collection suits, injunctions and owner-vs-owner claims over $5,000 are exempt (2020 Deed Art. XVI).