Owner-elected five-member board, no commercial unit and a 2/3 amendment rule at the regime level, but the POA is subordinate to a master association in which owners have no vote and whose hotel-owner Declarant appoints the whole board and exempts itself from the rules.
StructureTwo tiers: a master association above this one
Master associationKingston Plantation Master Association
Commercial unitNone
BoardWindermere POA: five directors elected by and from the Co-Owners by secret ballot, staggered two-year terms, removable by more than 50% of total votes; Declarant could appoint all directors until 75% of units were conveyed (Bylaws 4.02, 4.07). KPMA: owners are not members; the Board is composed of the subordinate associations' representatives ('equal representation from each condominium' per 1997 rules), but the KPMA Declarant appoints all KPMA directors for as long as it owns a Controlling Interest (10% or more of the land area) (KPMA Decl. 1.1.9, 4.1, 4.2.2).
Developer rightsWindermere Declarant (Rank Development, Inc.) rights to add Phases IV-X and amend without owner consent expired by their own terms on Dec. 31, 1994, and Declarant consent to owner amendments is required only while it owns a unit (Deed 2.8(b), 9.1, 9.2(b)); turnover is not documented. KPMA Declarant (FelCor Myrtle Kingston Hotel, L.L.C. in 2016; the later KPMA rules name Kingston Resort Owner LLC) retains the plan-of-development, easement, sales-office and signage rights, is exempt from KPMA architectural/use restrictions (KPMA 8.2) and declares itself exempt from the KPMA rules, may amend the KPMA Declaration unilaterally for compliance/title/lender purposes (KPMA 9.2), and no KPMA termination is valid without its consent while it holds a Controlling Interest (KPMA 9.4).
Commercial-unit rightsNo commercial unit or on-site operator rights in the Windermere deed. At the master level, KPMA may lease or grant licenses/concessions on common property (KPMA 4.4), may charge tolls to commercial traffic or the public, though no Owner or Occupant is liable for a toll (3.3), and no association may adopt rules that 'prohibit, limit or obstruct public access to the Common Areas or the commercial Parcels within the Development or any parking' (KPMA 2.3), so resort amenities and parking are shared with hotel and public traffic.
VotesWindermere: one weighted vote per unit equal to its percentage interest (2BR 1.290%, 3BR 2.043% per 2023 budget); majority of votes present at a quorum (more than 50%) decides unless a higher vote is required (Deed 2.7, 3.4; Bylaws 3.06, 3.08). KPMA: votes are cast by the subordinate associations and (while it has a Controlling Interest) the Declarant; individual owners have no vote (KPMA 4.1).
Changing the deedMaster Deed and Bylaws: two-thirds of all voting interests, no change to a unit's percentage without that owner's consent, Declarant consent while it owns a unit (Deed 9.2). Major structural alteration of common elements: 75% of Co-Owners (8.2). Termination: unanimous plus all mortgagees (10.1). Mortgagee-protection article: all mortgagees (11.9). KPMA Declaration: two-thirds of KPMA member votes (KPMA 9.1.2).
Disputes or lawsuitsNone mentioned in any document in this set.