Owner-elected seven-member board, 67% amendment threshold and no commercial unit or rental-desk monopoly, but the regime is 'subordinate to' a master association (gate, exterior approvals, 19.5% of the budget) whose documents are not in the set, and the deed keeps un-amendable Declarant/'Present Owner' rights over Resort Facilities and easements that have no sunset (the Art. XV rights lapse once the Declarant owns no unit; current holder unstated).
StructureTwo tiers: a master association above this one
Master associationThe Myrtle Beach Resort Homeowners' Association, Inc. (MPOA)
Commercial unitNone
BoardSeven-member Board of Directors elected by the owners at the annual meeting (first quarter of the year) for staggered two-year terms, no cumulative voting; directors must be owners in good standing and lose their seat if delinquent; officers elected from the Board annually and serve without pay; Board meets at least quarterly; a 2/3 Board vote can declare an annual-meeting quorum with only 1/3 of votes present (By-Laws Art. VIII-XI). The initial three-member Declarant board was to hand over within nine months of the 1982 recording (Master Deed Art. II Sec. 4).
Developer rightsResort Investment Corporation (Delaware) reserved, while it owns any apartment: the right to sell/lease its units free of restrictions; exclusive right to contract for water, sewer, utility, telephone and television services binding on the association; the right to enter other agreements binding on owners; use of common elements and any apartment for sales, rental, management, model, laundry or maintenance offices and signs; a right to annex Phases II-III by sole action (deadlines April 1984 and June 1985); the right to grant easements and licenses to use the beach and amenities to outside parties for a fee; and 'Resort Facilities' control with owners paying 'Resort Expenses' to the Declarant (Master Deed Art. XI, XIV, XV, XVIII). No amendment may change Declarant rights without its written consent (Art. VI, VII), and a construction mortgagee inherits all Declarant rights on foreclosure (Art. XVI). Important limit: the Article XV rights (free sale/lease of its units, exclusive utility/TV/phone contracting, binding agreements, sales/rental/management office use) apply only 'so long as the Declarant continues to own any of the Apartments' (Art. XV Sec. 1), and the Declarant's architectural veto likewise lasts only while it owns an apartment (Art. IV); the easement-granting rights (Art. XIV), the beach/amenity licenses to outside users for fees (Art. XIX(J)) and the Resort Facilities/Resort Expenses regime (Art. XVIII, which also names a 'Present Owner' of the balance of the 44.62-acre tract) carry no such sunset. Art. XI also provides that nothing restricts the Declarant 'or any successor interest' from conveying apartments under a time-sharing or interval-ownership plan. Whether the Declarant or any successor still owns an apartment or exercises any of these rights in 2026 is unstated.
Commercial-unit rightsNo commercial unit exists in this regime as constituted (the 4 commercial units and convention-center apartment belonged to unbuilt Phases II-III, Exhibit 2). Master Deed Art. XI permits only Declarant model/management/sales/rental offices and commercial laundry and vending equipment; the 2026 budget shows the association itself earning Laundry/Vending ($20,155), Storage Lot Lease ($22,200), Pizza/Market ($14,400) and Gate fee agreement ($125,000) income. No on-site rental program or operator monopoly appears in any document.
VotesOne voting member per unit; 3 votes per two-bedroom and 2 per one-bedroom apartment, 718 total; majority = 51% of total votes; quorum 51% (reducible to 1/3 by Board action); proxies allowed (filed 15 days before a regular meeting); written consent in lieu of meeting needs 67% (By-Laws Art. VII, XI; Master Deed Art. II Sec. 3).
Changing the deedMaster Deed 67% of all voting members (Art. VI); By-Laws 67% of total vote (Art. XX); no amendment may change any apartment's percentage share or votes without all owners and all mortgagees joining; alterations/additions to common elements need Board plus 75% of total votes and 90% of mortgage debt holders (Art. XII(B)); termination needs all owners and mortgagees. Rules change by Board on 30 days' notice. The regime is also 'subordinate to MBR HOA' (master association) whose Declaration its board amended by board resolution in 1998.
Disputes or lawsuitsunstated. No lawsuit or dispute document is in the set; the 2026 budget raises Legal Services from $10,000 to $25,000 without explanation.