The board is owner-elected with ordinary 67% amendment rules, but Commercial Unit CU-1 holds a perpetual, deed-level monopoly on rental-management, front-desk, food/beverage and advertising on the common elements that is protected from rules and amendments without its consent and a unanimous owner vote, and owners waived jury trial in favor of arbitration.
StructureOne association
Commercial unitYes, with its own deed rights
Board3 to 5 directors elected by the members (directors need not be members); initial staggered 3/2/1-year terms, then 2-year terms; nominating committee plus floor nominations; any director removable with or without cause by majority vote of the membership; a director 30+ days delinquent or with 3 unexcused absences may be removed by the Board. Officers elected annually by the Board. Board meetings open to members, with executive sessions allowed. Audited annual report to members within 120 days of fiscal year end (By-Laws Art. III and IV). The 2014 Third Amendment was executed by the owner Association itself, showing an owner-run board by then.
Developer rightsGrantor (Landmark, LLC, and assigns such as Landmark Phase II Development, Inc.) reserved the right to add Phases II-VI without owner consent until March 1, 2026 (now expired per Art. III and XXIX), to correct scrivener's errors unilaterally, to use units for sales/marketing while it owned any unit, to submit additional-phase units to timeshare, and to grant utility easements. Any amendment touching Grantor rights needs the Grantor's written consent; rules affecting the commercial unit do not bind the Grantor/CU owner without its written consent (Art. XV). Grantor or an affiliate may be hired as managing agent (By-Laws Art. III Sec. 17).
Commercial-unit rightsCommercial Unit CU-1 (6.976% interest; lobby front desk, reservations, restaurant, pub, gift shop, laundry, housekeeping, meeting rooms, service elevator) holds: the exclusive right to conduct commercial activity on the common elements including rental management, reservations, key pick-up/drop-off, front desk, concierge, cable/internet/telephone services, food and beverage, retail on pool decks and rooftops, signage and 'child activity programs' (Art. XIV); a perpetual exclusive easement for advertising, signage, food and beverage and any other commercial activity over corridors, elevators, building exterior and parking garage (Exhibit B); control of movable signage and ownership of the telephone switchboard (Art. VIII); the right to alter CU-1 without Board consent (Art. XIX); exclusive use of maid closets; the right to specifically enforce Art. XIV against the Association and owners with fee-shifting (Art. XXX F); and protection from any rule or amendment that diminishes these rights without its and the Grantor's written consent (Art. XV, XXIX). The Association must still maintain the meeting rooms' HVAC, utilities, doors, service elevator and lighting at common expense (Art. XXII, unamendable without Grantor consent). CU-1 owner took on one-time repair obligations in 2004 (boilers, roofs, pool deck, painting overage) per Art. XXXVII.
VotesOne vote per unit, weighted by the unit's percentage of undivided interest in the common elements (Exhibit C as amended); co-owners designate one voting member; proxies allowed if delivered 48 hours before the meeting; quorum 51% of total vote; majority means more than 50% of total percentage interest; special meetings on petition of 5% of votes (By-Laws Art. II).
Changing the deedMaster deed: proposed by board majority or members holding 25% of interest, adopted by members owning at least 67% of undivided interest at a special meeting (written votes accepted 48 hours ahead); unanimous consent of owners and mortgagees to change percentage interests or assessment basis; Grantor and commercial-unit consent for their reserved rights; termination requires unanimous owners and lienholders (Art. XXVIII-XXIX). By-laws: 67% of total votes, recorded to be effective (By-Laws Art. VI Sec. 6).
Disputes or lawsuitsNo lawsuit, complaint or dispute is referenced in any document on file. The master deed contains a jury-trial waiver (Art. XXXVIII) and a mandatory binding arbitration clause before a three-arbitrator AAA panel in Horry County for all claims about interpretation, enforcement, design or construction, excluding Association collection suits (Art. XXXIX). Budget legal line is only $6,000 for 2026.