Fully owner-elected staggered board with developer control long expired, but an 8%-vote commercial unit containing the front desk and amenity spaces exists with rights that cannot be checked because the master deed body is missing.
StructureOne association
Commercial unitYes, with its own deed rights
BoardFive directors, all must be Association members; staggered two-year terms since the March 1996 amendment; elected by plurality at the annual meeting held in March; removable with or without cause by a majority of votes present; a director more than 30 days delinquent automatically resigns and delinquent owners cannot be elected. Board meetings open to all owners.
Developer rightsHistoric only. The 1986 By-Laws let the Grantor name a majority of the Board until 120 days after 75% of units were conveyed or three years after the first conveyance, whichever came last; the 1996 amendment removed the developer-designee language and all directors are now members. Developer affiliate Ocean Forest Plaza Associates Limited Partnership also held the 1986 exclusive management agreement (Ramada Ocean Forest Resort) that auto-renewed in two-year periods unless cancelled on 60 days' notice; the current manager is Waccamaw Management, Inc., so that agreement appears superseded, though no termination document is in the set.
Commercial-unit rightsCommercial unit C-1 carries 8.00000% of common interest and votes, with its own limited common elements, and per Exhibit A comprises the Front Desk, Reservations, Exercise Room, Kitchen, Dining Area, Bar, Bar Area, Meeting Rooms and areas adjacent to the pools; plan labels do not limit its use. Whether the master deed grants C-1 exclusive rental, check-in or hospitality rights is unstated because the master deed body is missing. The rulebook shows the HOA itself now controls the 7th-floor meeting room, owners' lounge, bar, sunset patio and exercise-room access, and collects laundry, mailbox, storage, rooftop-lease and commercial-office rental income, which suggests the HOA rather than C-1 operates these areas today.
VotesOne vote per unit weighted by Exhibit B percentage (standard unit 0.42009%, two-level 0.84017%, C-1 8%); a majority of total votes decides unless documents say otherwise; quorum is a majority of total votes in person or by proxy; 25% of votes can call a special meeting; co-owned units must file a voting-member certificate or their vote is not counted; owners with outstanding assessments cannot vote or count toward quorum (1993 amendments).
Changing the deedMaster Deed: 66 2/3% of eligible votes represented at a duly called meeting (per 1993 amendment recital of Section XXXII). By-Laws: majority of total votes when the Board unanimously proposed the amendment, otherwise two-thirds of total votes. Rules: Board adopts and may add, delete or modify.
Disputes or lawsuitsunstated; no lawsuit, complaint or dispute document in the set. Bad debt of 270,000 and an automatic 90-day foreclosure policy indicate active collection litigation against delinquent owners.