Kingston Plantation HOA Risk Assessment: Workable with rules

02 The five questions

What the documents decide
before your first guest books.

Five dots is the best answer for an owner who wants to run the unit themselves. One dot is a red flag. Open “What the documents say” under each for the exact words.

Can you rent it your way?

Favorable

Whether the deed and rules let you rent short-term on your own terms: no requirement to use the on-site program, no minimum stay that kills weekend bookings, and no rule against saying where the condo is.

At the master level KPMA imposes no STR ban, minimum stay, on-site-program requirement or advertising rule and expressly treats transient paying guests as lawful Occupants, with only a written lessee-notice duty (Sec. 9.10); it is not a 5 because that notice, the KPMA decal system and the time-share ban still apply, and each building's own regime adds its rental rules on top.

Short-term rentalsAllowed

Must use on-site programNo

Owner-use limitsNone at master level. Each building's own regime adds its rules on top.

RegistrationMaster level: when an Owner leases a Unit the Owner must promptly furnish KPMA, in writing, the name and address of the lessee (Declaration Sec. 9.10). On purchase, each Owner must furnish KPMA a certified copy of the recorded deed (Bylaws Sec. 3.08). Vehicles need a KPMA Parking Decal (referenced in the towing rules; issuance terms unstated) and golf carts need an annual KPMA owner decal. No lessee registration form, fee or guest registration is described at master level; the building regime may add its own.

Advertising rulesunstated at master level (Sec. 8.8 bans signs and advertising posters in windows or on building exteriors without Architectural Standards Committee approval; Declarant exempt).

Vote to change rental rulesDeclaration: two-thirds (2/3) of the total votes of the Members (Subordinate Associations, plus Declarant with 4 votes per Subordinate Association plus one while it holds a Controlling Interest); amendments that materially and adversely affect ownership of a Unit need that Owner's approval. Rules: amended by Board vote alone (Sec. 9.3(b)).

What the documents say (6)

“"Occupant" shall mean and refer to any person, including, without limitation, any Owner or guest, invitee, licensee, lessee, tenant, transient paying guest or family member of an Owner, lawfully occupying or otherwise using a Unit within the Development.”Amended and Restated Declaration of Covenants (2016), Article I, Sec. 1.1.17, page 5

“There shall be no time share ownership, lease, or sales of any portion of the Property, or any part thereof or interest therein, nor shall any person acquiring any interest in the Property, or any part thereof, seek to establish such time share ownership of any Property.”Amended and Restated Declaration of Covenants (2016), Article III, Sec. 3.14, page 10

“In the event an Owner sells, leases, mortgages, or otherwise disposes of any Unit, the Owner must promptly furnish to the Association, in writing, the name and address of such purchaser, lessee, Mortgagee, or transferee.”Amended and Restated Declaration of Covenants (2016), Article IX, Sec. 9.10, page 29

“Each Subordinate Declaration and Subordinate Association shall be subject to the provisions of this Declaration, the Association and the Bylaws of the Association, and all rights, covenants and conditions therein shall be in addition to, but not in abrogation or substitution of, those imposed hereby.”Amended and Restated Declaration of Covenants (2016), Article II, Sec. 2.5, page 7

“Such amendment must be approved by Members of the Association holding at least two-thirds (2/3) of the total votes of the Association; provided, however that any amendment which materially and adversely affects the ownership of a Unit or the security interest of any Mortgagee must be approved by such Owner or Mortgagee.”Amended and Restated Declaration of Covenants (2016), Article IX, Sec. 9.1.2, page 27

“KPMA may provide trailer parking at an offsite location during bike rallies or other such events, for guests or renters while staying at Kingston Plantation.”KPMA Amended and Restated Rules and Regulations, Exhibit A, Trailer Parking, item 1, page 1

Will your guests be treated like guests?

Typical

Whether a guest who booked through you gets the same resort as a guest who booked through the front desk: the same pools, parking, wristbands and check-in, or a second-class version of them.

Off-program guests share the master Common Areas (roads, pools, recreational amenities, beach paths) equally as Occupants, but the owner must handle KPMA decals/passes, guests cannot bring motorcycles, boats or mopeds, trailer parking is paid and seasonal, the Sport & Health Club is not mentioned in any master document, and the Declarant may run any un-transferred facility as a fee club open to the public (Sec. 2.3); each building's own regime adds its guest rules on top.

Amenities for your guestsMost, not all

Off limits to your guestsSport & Health Club: not mentioned in any master document, ownership and access unstated, Any facility the Declarant has not transferred to KPMA may be run by the Declarant as a club with usage or membership fees and opened to the public (Sec. 2.3)

Wristbands & parking passesKPMA Parking Decal exists (a decal expired more than 3 months makes a vehicle abandoned and towable); 2013 budget shows Decals/Stickers Income of $4,000; who issues, cost and per-unit limits are unstated. Golf carts: one owner decal per unit per year, bought from the KPMA office, owner must be in good standing and supply insurance; owner-decal carts may not be rented; only Security Committee approved vendors may rent carts. Trailers: $25 per day per space, max 7 days, space available, detached from tow vehicle; not allowed in KPMA lot in May (2020 rules) or during bike rallies/designated events (Exhibit A). Motorhomes/campers: 24 hours max in KPMA lot, $25, not occupied, out by noon next day. Boats, personal watercraft, motorcycles, slingshots and mopeds may NOT be parked in Kingston Plantation at any time. Gated roads and tolls on commercial traffic/public are reserved to Declarant and KPMA, but no Owner or Occupant pays a toll (Sec. 3.3). The public acquires no easement in Common Areas (Sec. 1.1.7), yet no rule may obstruct public access to Common Areas, commercial parcels or parking (Sec. 2.3), so master amenities are effectively shared with the public and resort traffic, not reserved to owners and their guests.

Check-inunstated at master level (no master front desk is described; each building regime adds its own)

TrashKPMA pays master trash removal ($16,800 in 2013 budget); any Owner or Occupant who dumps trash on the Development is liable for the actual cost of removal (Sec. 8.12). In-building trash rules come from the building regime.

Elevatorsunstated (building-level)

Housekeeping & linenunstated (no master program)

What the documents say (9)

“Every Owner shall have the non-exclusive right, privilege and easement to the use and enjoyment of the Common Areas and such easement shall be appurtenant to and shall pass with the title to every Unit subject to the terms and conditions of this Declaration, the Bylaws of the Association, and rules and regulations adopted by the Board of Directors pursuant to said Bylaws.”Amended and Restated Declaration of Covenants (2016), Article III, Sec. 3.2, page 8

“Common Areas may include but shall not be limited to, maintenance areas, roads, streets, parking lots, parks, open areas, recreational amenities, walkways, sidewalks, jogging trails, bike paths, beach access paths, street lighting, signage, lagoons, lakes or ponds.”Amended and Restated Declaration of Covenants (2016), Article I, Sec. 1.1.7, page 4

“THE DESIGNATION OF ANY OF THE PROPERTY OR IMPROVEMENTS THEREON AS COMMON AREAS SHALL NOT MEAN OR IMPLY THAT THE PUBLIC AT LARGE ACQUIRES ANY EASEMENT OF USE OR ENJOYMENT THEREIN.”Amended and Restated Declaration of Covenants (2016), Article I, Sec. 1.1.7, page 5

“Prior to such transfer, Declarant (1) may permit the use of any such areas or improvements by the public; (2) may adopt whatever rules and regulations it deems advisable, in its sole discretion, for use of these areas or improvements; and (3) may impose reasonable usage or membership fees for the use of any such improvements constructed and operated by Declarant as aclub.”Amended and Restated Declaration of Covenants (2016), Article II, Sec. 2.3, page 7

“Neither Declarant, the Association nor any Subordinate Association shall adopt any regulation or modify or amend the Declaration or the Bylaws or any Subordinate Declaration or the Bylaws of any Subordinate Association which prohibits limits or obstructs public access to the Common Areas or the commercial Parcels within the Development or any parking within the Development.”Amended and Restated Declaration of Covenants (2016), Article II, Sec. 2.3, page 7

“Boats, personal watercraft, motorcycles, slingshots and mopeds may NOT be parked in Kingston Plantation at any time.”KPMA Rules and Regulations recorded 04/16/2020, Trailer Parking, item 2, recording page 2 of 6

“Homeowners and guests arriving with a trailer may rent a parking space in the designated KPMA parking area; not to exceed seven (7) days. The rental rate shall be twenty-five ($25) dollars per day, per space.”KPMA Rules and Regulations recorded 04/16/2020, Trailer Parking, item 1, recording page 2 of 6

“Trailers are not permitted to be parked in the designated KPMA parking area during the month of May. Traller parking will be available at an offsite location during bike rallies.”KPMA Rules and Regulations recorded 04/16/2020, May Bike Rally Trailer Parking, recording page 2 of 6

“a. One owner decal per unit is available for purchase annually.”KPMA Rules and Regulations recorded 04/16/2020, Golf Carts, item 1(a), recording page 4 of 6

How much work lands on you?

Favorable

What the rules make the owner personally responsible for: a local contact who answers in minutes, keys and passes, trash, fines for guest behaviour, vendor hours and elevators.

Beyond normal hosting the master level only adds a written lessee-name notice to KPMA, decal/golf-cart registration, vehicle-type warnings to guests and architectural approval for exterior changes, with fines and towing enforced but no response-time, trash-hauling or elevator rules; each building's own regime adds its workload rules on top.

Local contactunstated at master level

FinesDeclaration Sec. 9.3: failure to comply with the Declaration, Bylaws or rules is grounds for fines, suspension of the Subordinate Association's voting rights, suits for damages or injunction, and the violating party pays KPMA's court costs and attorneys' fees. Rules: violations are subject to the KPMA fines and/or decal revocation; tow and storage costs fall on the vehicle owner; golf carts without a decal may be removed at the owner's expense. No dollar fine schedule appears in any master document. Fines can be appealed in writing to the Board via a three-person Appeal Panel (which includes a Declarant representative while the Declarant holds a Controlling Interest); Board decision is final and may rest on any grounds in its sole discretion (Bylaws Art. X). Whether an owner is charged for a guest's violation is unstated at master level.

Contractors & vendorsOnly KPMA Security Committee approved golf cart vendors may rent carts on the Plantation. Exterior work, signage and landscaping need written Architectural Standards Committee approval; no construction on Saturdays, Sundays or holidays except Declarant or emergencies (Sec. 8.4.2); contractors may be required to post bonds and owners to escrow funds (Sec. 8.4.3).

AlsoOwner must report every lessee's name and address to KPMA in writing (Sec. 9.10) and file a certified copy of the deed on purchase (Bylaws 3.08). Owner is responsible for maintaining the Unit; if an owner fails, KPMA may do the work after 10 days notice and add the cost to that owner's assessment (Sec. 6.2.2). Guests arriving by motorcycle or boat trailer cannot park on property; trailers cost $25/day. Golf cart owners must carry the KPMA cart rules in the cart and keep insurance current. Master assessments run through the building association and the master lien is superior to the building's lien; purchaser is jointly liable with seller for unpaid assessments (Sec. 5.9). KPMA, its directors, agents and property manager hold an easement to enter any Parcel or Unit in the performance of their duties, limited outside emergencies to normal business hours and, where practicable, advance notice and permission (Sec. 3.7). Each building's own regime adds its workload rules on top.

What the documents say (6)

“Failure to comply with such rules or regulations shall be grounds for imposing fines, for suspending voting rights of the Subordinate Association in which the Owner is a part or for instituting an action to recover sums due, for damages and/or for injunctive relief, such actions to be maintainable by the Board of Directors on behalf of the Association or, in a proper case, by a Subordinate Association or an aggrieved Owner. Should Declarant or the Association employ legal counsel to enforce any of the foregoing, all costs incurred in such enforcement, including court costs and reasonable attorneys' fees, shall be paid by the violating party.”Amended and Restated Declaration of Covenants (2016), Article IX, Sec. 9.3(a), page 27

“Violations of these rules are subject to the KPMA fines and/or decal revocation. The KPMA Managing Agent may approve exceptions to the Parking Rules & Regulations, Any such exceptions must be documented and reporied to the President of KPMA within seventy-two (72) hours.”KPMA Rules and Regulations recorded 04/16/2020, footer on every page, recording pages 2-5 of 6

“The cost to tow vehicles and all storage fees are the responsibility of the vehicle owner.”KPMA Rules and Regulations recorded 04/16/2020, Towing, recording page 3 of 6

“Any Owner or Occupant who dumps or places any trash or debris upon any portion of the Development shall be liable to the Declarant or Association for the actual costs of removal thereof.”Amended and Restated Declaration of Covenants (2016), Article VIII, Sec. 8.12, page 26

“Such rules and regulations may be amended, from time to time, by a vote of the Board of Directors, without any further amendment to this document.”Amended and Restated Declaration of Covenants (2016), Article IX, Sec. 9.3(b), page 28

“Except in the event of emergencies, this easement is to be exercised only during normal business hours and then, whenever practicable, only upon advance notice to and with permission of the Owner, Occupant or Subordinate Association as appropriate.”Amended and Restated Declaration of Covenants (2016), Article III, Sec. 3.7, page 9

Is the money healthy?

Typical

Whether the association can pay for the building without surprise bills: reserves, special assessments, insurance deductibles, how fast dues are rising, and how much of the fee passes through to a master association.

The only master budget is from 2013 ($2.66M, flat year over year, reserves 10.3%, insurance 1.9%), master dues are a flat per-unit amount collected through the building and the KPMA lien outranks the building's, special assessments need only a Board majority, and current dues, reserves and reserve study are unknown; each building's own regime adds its budget and assessments on top.

2013 budget$2,664,902

Dues change-0.3% on the year

Reserves10% of budget

Special assessmentsNone in the documents

InsuranceMaster policy covers Common Areas at full replacement cost plus general liability, workers comp and D&O-type coverage (Sec. 4.8); premiums are a Common Expense; appraisal every 5 years. Insurance deductible after a loss may be special-assessed by Board majority (Sec. 5.7). 2013 insurance expense $50,825 (up 7% from $47,500 in 2012).

Wind deductibleunstated (master insures Common Areas only; building insurance is at the regime level)

DelinquencyAssessments are billed to the Subordinate Association and payable by owners quarterly by the 10th of January, April, July, October, and by the building association to KPMA by the 15th; late charge $25 per month or part month; the building association is liable for the full amount whether or not its owners pay; KPMA may sue the owner or the building association or foreclose its lien, which is superior to the building association's lien; purchaser is jointly liable with seller for unpaid assessments; statement of account fee up to $50. Non-use of Common Areas is no defense, and no abatement of assessments may be claimed for any failure of KPMA to perform or for inconvenience from its repairs (Sec. 6.2.1). Reserve contributions belong to KPMA and are not refundable, though a seller may price its share into the sale contract (Sec. 5.4.2).

What the documents say (10)

“Uniform Rate of Assessment. Both annual and special assessments shall be charged in equal amounts to all Units.”Amended and Restated Declaration of Covenants (2016), Article V, Sec. 5.8, page 16

“For convenience, the Assessments applicable to all Owners in a Subordinate Association shall be billed to the Subordinate Association which shall immediately thereafter bill its Owners for its collection. The obligation of each Subordinate Association is for the payment in full of all Assessments billed to Owners in that Subordinate Association.”Amended and Restated Declaration of Covenants (2016), Article V, Sec. 5.3, page 15

“All unpaid installments of any Annual Assessments shall incur a late charge of $25.00 per month or any portion of any month (or at such lesser rate as is equal to the maximum interest rate allowed by applicable law) from the date each such installment is due until paid.”Amended and Restated Declaration of Covenants (2016), Article V, Sec. 5.1.3, page 14

“provided that any such assessment other than that attributable to taxes, shall have the assent of a majority of the votes of the Board of Directors which are entitled to be cast.”Amended and Restated Declaration of Covenants (2016), Article V, Sec. 5.7 (special assessments), page 16

“The lien of the Assessments provided for herein shall be subordinate to the lien of any unpaid taxes and any Mortgage or Mortgages, but they shall be superior to the assesaments levied by any Subordinate Association.”Amended and Restated Declaration of Covenants (2016), Article V, Sec. 5.11, pages 16-17

“301 Regular Assessments 2,412,978 $ 2,405,346 $ (7,632) $”KPMA 2013 Approved Operating Budget, Revenues, page 1

“9991 General Reserves 299,000 274,500 (24,500)”KPMA 2013 Approved Operating Budget, Other Expenses, page 1

“TOTAL OPERATING EXPENSES 2,660,598$ 2,664,902 $ 4,304 $”KPMA 2013 Approved Operating Budget, page 1

“In the event the Board fails for any reason to adopt a budget for the succeeding year, then and until such time as it is adopted, the budget and annual Assessments in effect for the then current year shall be increased in proportion to the percentage increase, if any, for the then current year, in the Consumer Price Index”Amended and Restated Declaration of Covenants (2016), Article V, Sec. 5.1.2, page 13

“Assessments paid into the reserve account shall be the property of the Association and are not refundable. Sellers of Units may treat their outstanding share of the reserve accounts as a separate item in any agreement for the sale of their Units.”Amended and Restated Declaration of Covenants (2016), Article V, Sec. 5.4.2, page 15

Who's really in charge?

Caution

Who holds the power the documents hand out: an owner-elected board, or a developer or commercial-unit owner with deed-level rights over rentals, guest services and the building's name.

Owners are never KPMA members (their building casts two block votes), and while the Declarant (hotel-owner entity) holds a Controlling Interest (just 10% of land area, no sunset; it held one when the 2016 Declaration passed and was still asserting Declarant rights in the 2020 rules, with no later statement on file) it may appoint every Director, holds supermajority member and board votes, is exempt from the use restrictions and rules, controls the residential/commercial mix and can block termination; it is not a 1 only because no master-level rental or guest-service monopoly is created and a fully regime-elected board follows if Controlling Interest is lost; each building's own regime adds its governance on top.

StructureTwo tiers: a master association above this one

Master associationKingston Plantation Master Association

On-site operatorNone described at master level. The Declarant is FelCor Myrtle Kingston Hotel, L.L.C. in the 2016 Declaration and Kingston Resort Owner LLC in the rules (2020 recording and Exhibit A); the entity names indicate the resort hotel owner, but the documents never describe its operations and no on-site rental program is created at master level.

BoardOwners are not KPMA members and never vote directly. Each Subordinate Association (building regime) appoints two Member Representatives (must be owners in that building) who together cast that building's two votes (cannot be split) and nominate one Director plus one Alternate Director, each a member of that building, elected at the annual meeting (third Saturday in May). Board size = one Director per Subordinate Association (14 if there are 14 regimes) plus, while the Declarant holds a Controlling Interest, two Declarant-appointed Directors (16 total). Each building Director has 1 vote; each Declarant Director has (number of Subordinate Associations + 1) votes, e.g. 15 each, so the Declarant holds 30 of 44 Board votes. While it holds a Controlling Interest the Declarant may also appoint any or all of the building Directors and Alternates in place of those elected. Directors are elected annually; no multi-year term is stated. Removal by more than 50% of total member votes, or by the Member that elected the Director. Officers: President, VP, Secretary, Treasurer elected by the Board annually; need not be owners while Declarant holds a Controlling Interest. Board meets quarterly (third Saturday of February, May, August, October). Management contracts are capped at five years (renewable five years at a time) and must be terminable for cause on 60 days notice; the Board may take management in-house (Sec. 4.7).

Developer rightsDeclarant (FelCor Myrtle Kingston Hotel, L.L.C. in 2016; Kingston Resort Owner LLC per the rules) keeps: Controlling Interest status whenever it owns 10% or more of the area of the Property (no sunset date); appointment of all Directors and Alternates and 2 Declarant Directors with supermajority votes; member votes of 4 per Subordinate Association plus 1 (57 of 85 with 14 regimes); sole discretion over the mix of residential, commercial and Common Areas (Sec. 2.3); right to open facilities to the public, make its own rules and charge club/membership fees before transferring them (Sec. 2.3); no rule may obstruct public access to Common Areas, commercial parcels or parking (Sec. 2.3); gates and tolls (Sec. 3.3); perpetual construction, utility, maintenance, environmental and well easements (Secs. 3.4-3.12); sales/construction offices and model units while it owns any part of the Property (Secs. 3.8, 8.14); exemption from all of Article VIII architectural and use restrictions (Sec. 8.2), from the sign ban (8.8) and antenna ban (8.9); its construction is not a nuisance (8.12); unilateral amendment for statutory, title, lender or mortgage-insurer compliance (Sec. 9.2); the Declaration cannot be terminated without its written consent while it holds a Controlling Interest (Sec. 9.4); a seat on every appeal panel (Bylaws Art. X; Declaration 8.3.5); and the Declarant declares itself exempt from the KPMA Rules and Regulations, which the Board acknowledges (rules footer, 2020 and Exhibit A). The 2020-recorded rules still carrying that exemption show the Declarant was still active and asserting its Sec. 2.3 rights in 2020; the exemption does not depend on a Controlling Interest, so it is not by itself proof that the Declarant still appoints the Board.

Commercial-unit rightsNo commercial unit at the master level; the Development is mixed use with commercial Parcels owned by the Declarant/hotel owner, and the Board may lease or license parts of the Property (Sec. 4.4). No master-level rental program or guest-services monopoly is created in these documents. The Declarant held a Controlling Interest when the 2016 Declaration was adopted (the President's affidavit records a vote of the Members and the Declarant and the Declarant's approval); whether it still does is unstated. The 1996 recitals show 15.59 acres of oceanfront land conveyed to Promus/FCH Development Company, L.L.C. out of 144.48 acres total, which alone is about 10.8% and would exceed the 10% threshold if now held by the Declarant.

VotesMembers (building associations) each have 2 votes cast as a block; Declarant 4 per building + 1 while it holds a Controlling Interest. Quorum more than 50% of total votes; a reconvened meeting has a quorum with whoever attends. Majority of votes present decides unless a greater vote is required. Proxies must be an owner in that building and lodged with the managing agent 24 hours ahead. Special meetings on request of 10% of votes. Audited financial statement to Members at least 10 days before the annual meeting (Sec. 5.1.2). Copies of the rules and every amendment go to the Members, i.e. the building associations, not to owners directly (Bylaws Sec. 9.01); the current rules must be available for inspection at the managing agent's office (Declaration Sec. 9.3(b)).

Changing the deedDeclaration: 2/3 of total Member votes (building associations plus Declarant block while Controlling Interest), with affected-Owner/Mortgagee consent where materially adverse; Sec. 5.11 lien subordination needs written consent of all mortgagees; Declarant may amend alone for compliance/title/lender reasons; termination needs 75% of votes in the last year of a term and Declarant consent while it holds a Controlling Interest. Rules: Board vote only. Bylaws: amendment procedure not stated in the Bylaws text (2016 bylaws were adopted with the Declaration by the 2/3 member vote and Declarant approval).

Disputes or lawsuitsunstated (no lawsuit or dispute documents in this set). Board interpretation is final and binding on Owners and Subordinate Associations (Sec. 4.6); prevailing party gets attorneys' fees in any enforcement suit (Sec. 5.5). Owners and Subordinate Associations must indemnify the Directors, officers, committee members and managing agent against contractual liabilities incurred on the Association's behalf, each owner's share capped at the total divided by the number of owners (Sec. 4.5).

What the documents say (13)

“No Owner shall be a Member of the Association. The Members of the Association shall be (i) each Subordinate Association and (ii) the Declarant for so long as the Declarant owns a Controlling Interest.”Amended and Restated Declaration of Covenants (2016), Article IV, Sec. 4.1, page 10

“"Controlling Interest" as used herein shall mean and refer to the ownership by Declarant at any time of 10% or more of the total of the area of the Property.”Amended and Restated Declaration of Covenants (2016), Article I, Sec. 1.1.9, page 5

“For so long as Declarant owns a Controlling Interest, the Declarant has the right to appoint all of the Board Directors as provided by the Bylaws of the Association.”Amended and Restated Declaration of Covenants (2016), Article IV, Sec. 4.2.2, page 11

“By way of illustration, (i) if there were fourteen Subordinate Associations and the Declarant should have a Controlling Interest, there would be a total of 85 eligible votes, 28 of which would be held by the fourteen Subordinate Associations and 57 of which would be held by the Declarant”Amended and Restated Bylaws of KPMA (2016), Article III, Sec. 3.03, page 38 (recording page 2 of bylaws)

“By way of illustration, (i) if there are fourteen Subordinate Associations and the Declarant has a Controlling Interest, the 14 Directors representing the Subordinate Associations shall each have one vote or 14 votes in the aggregate, each of the two Directors representing the Declarant shall have 15 votes so that the total votes eligible to be cast would be 44 votes”Amended and Restated Bylaws of KPMA (2016), Article IV, Sec. 4.03, page 40

“For so long as the Declarant has a Controlling Interest, (a) Declarant shall have the right to appoint each Director and Alternate Director representing a Subordinate Association and this Declarant right may be exercised with respect to all, some or none of the Subordinate Associations”Amended and Restated Bylaws of KPMA (2016), Article IV, Sec. 4.02, page 40

“Each Subordinate Association shall have two votes which must be cast together and which cannot be split.”Amended and Restated Bylaws of KPMA (2016), Article III, Sec. 3.03, page 38

“The Development shall consist of whatever mix of residential, commercial and Common Areas as Declarant may construct in its sole discretion.”Amended and Restated Declaration of Covenants (2016), Article II, Sec. 2.3, page 7

“The Declarant is exempt from the provisions of this Article VIII as provided in Article II and Article I.”Amended and Restated Declaration of Covenants (2016), Article VIII, Sec. 8.2, page 20

“No termination of this Declaration shall be enforceable or valid if the Declarant owns Controlling Interest, unless Declarant consents in writing to the termination.”Amended and Restated Declaration of Covenants (2016), Article IX, Sec. 9.4, page 28

“The Declarant Kingston Resort Owner LLC declares itself exempt from the Rules and Regulations, as amended, under the Amended and Restated Declaration of Covenants, Conditions, and Restrictions for Kingston Plantation recorded in the Horry County Register of Deeds Office Deed Book 3917, Page 837 on May 23, 2016, Section 2.3, which is acknowledged and accepted by the Kingston Plantation Master Association, Inc. Board of Directors.”KPMA Rules and Regulations recorded 04/16/2020, footer, recording page 3 of 6

“In the event a disagreement arises between Owners related to the Property or the interpretation and application of this Declaration or the Bylaws of the Association, the review and determination thereof by the Board of Directors shall be final and binding upon each and every Owner and each and every Subordinate Association as the Members of the Association.”Amended and Restated Declaration of Covenants (2016), Article IV, Sec. 4.6, page 11

“A vote of the Members and the Declarant on the Amended and Restated Declaration (which includes the Amended Exhibit A, the property description, and the Amended Exhibit B, the Amended and Restated Bylaws) was held on February 20, 2016 at Myrtle Beach, South Carolina.”Amended and Restated Declaration of Covenants (2016), Affidavit of President of Association, item 1, page 33

Kingston Plantation.

The documents behind this page.

More than one association at this resort.

What the documents decide
before your first guest books.

Can you rent it your way?

Will your guests be treated like guests?

How much work lands on you?

Is the money healthy?

Who's really in charge?

For the owner who runs it themselves.

Working for you

Watch-outs

What you pay, and where it goes.

Regular assessments, 2013

What the dues cover

Where the budget goes

What to put in the house manual.

What to ask the association for.

Have the documents read
for the building you are weighing.

Kingston Plantation.

The documents behind this page.

More than one association at this resort.

What the documents decidebefore your first guest books.

Can you rent it your way?

Will your guests be treated like guests?

How much work lands on you?

Is the money healthy?

Who's really in charge?

For the owner who runs it themselves.

Working for you

Watch-outs

What you pay, and where it goes.

Regular assessments, 2013

What the dues cover

Where the budget goes

What to put in the house manual.

What to ask the association for.

Have the documents readfor the building you are weighing.

What the documents decide
before your first guest books.

Have the documents read
for the building you are weighing.