The board is owner-elected and ordinary amendments need 67%, but the deed grants the commercial units perpetual exclusive monopolies on food, beverage, retail, telecom/cable/internet, advertising, rooftop and the pool deck, bars the Association and residential owners from any front-desk, concierge or key-service business, gives the commercial owners consent rights over Article XIV, pool-deck changes and rules, and lets the Board borrow and share amenities without an owner vote; between the guide's 1 and 3.
StructureTwo tiers: a master association above this one
Master associationOceans One Master Association, under the Declaration of Covenants, Conditions, Easements, Restrictions and Liens dated March 18, 2008, recorded March 20, 2008 in Deed Book 3322 Page 2041 (the 'Master Restrictions'); the Association is a member and the Master Association holds a lien on every unit, but no master assessment line appears in the 2023-2026 budgets
Commercial unitYes, with its own deed rights
On-site operatorAn on-site rental program operates as 'Oceans One Resort' with a front desk (Rules); the 2024 minutes list an attendee from 'Oceans One Rental Management Company'. The Master Deed names no operator; it reserves the commercial activities to the owners of Commercial Units CU-1 and CU-2 (originally the grantor, Smith Capital Corp.). Association managing agent: Ally Management, Inc.
BoardThree to five directors; directors need not be owners. After the developer's Class II control ends, five directors are elected (initially staggered 3/3/2/2/1-year terms, then two-year terms); nominating committee plus floor nominations; a majority of the membership may remove a director; the Board fills vacancies. Commercial Unit owners may appoint one additional non-voting ex officio director with notice and inspection rights. Quorum is a majority of the total vote; the November 2024 annual meeting reached only 38% so the election was deferred. The 2023 and 2024 meetings show a five-member owner-elected board; managing agent Ally Management, Inc.; management contracts limited to two years. The Board may borrow for repairs, restoration or budget shortfalls without a member vote (a member majority is needed only for borrowing to add or improve amenities or above 10% of the budget) and may assess owners up to 10% of the budget to acquire additional common elements on its own approval (By-Laws Art. III Sec. 21; Master Deed Art. XX).
Developer rightsGrantor Smith Capital Corp. was the sole Class II member for up to ten years from the March 2008 filing: four times the vote weight per unit owned, sole selection of the Board, and a veto over every Board or committee action, all transferable by recorded instrument. Grantor may employ itself or an affiliate as managing agent, need not recuse on contracts with itself, may unilaterally amend the deed to correct errors or satisfy lenders, reserved Phases II-V and construction/marketing easements until April 1, 2018, and may use units as sales offices while it owns any. Any deed provision favoring the Grantor, and Articles XXXII, XXXVIII and XXXIX, cannot be amended without its consent; rules are not binding on the Grantor without its written consent. Whether a Class II termination instrument was recorded is unstated; a developer representative still attended the 2023 annual meeting.
Commercial-unit rightsCU-1: perpetual exclusive rooftop/cell-tower easement with the right to lease sites to carriers; perpetual exclusive advertising and signage easement over corridors, elevators, exteriors and common elements; control of marquee signage; exclusive perpetual easement to provide telephone, cable TV, pay-per-view, wireless broadband and internet to the Regime (security cameras and phone switchboard remain CU-1 property); Pool Deck Limited Common Element for a kiosk/tiki hut/pool bar/cabana and retail; lobby sales/information desk; service elevator and service chutes; written consent required before any removal, alteration or improvement of the pool deck or pool amenities; the Association must relocate and rebuild CU-1's poolside cabana bar at its own cost after a casualty. CU-1 and CU-2: perpetual exclusive food, beverage and retail sales easement over pool decks, sun decks and common elements; live and recorded music on pool decks 9 a.m. to midnight (Art. VI(G) is drafted as an appurtenance to CU-2 but granted to the CU-1 owner; Art. XVI names CU-1); CU-2 may place tables and chairs and cordon off pool-deck areas for private events (6 hours, 10 per year). Commercial units may be used for any lawful purpose, altered without Board consent, and residential owners and the Association are barred from any commercial activity including rental-desk, concierge, key pick-up, cable/internet services, shops, restaurants or spas; the commercial owners may specifically enforce these restrictions and recover attorney fees; rules affecting them are not binding without their consent; Article XIV cannot be amended without their consent; the Board may share Regime amenities with other regimes or hotels with commercial-owner consent and without residential-owner consent.
VotesOne vote per unit, weighted by the unit's percentage undivided interest (Exhibit C; e.g., Type C 1.105%, Type F 0.449%); co-owners designate a single voting member; Class II (grantor) votes count four times while that class exists. Proxies must reach the Secretary 48 hours before the meeting; written votes count at amendment meetings. Quorum is a simple majority of the total vote; special meetings on petition of 10% of the voting weight; action by unanimous written consent allowed.
Changing the deedMaster Deed: 67% of the undivided interest in the common elements at a special meeting (proposed by the CU-1 owner, a Board majority, or 25% of members), effective on recording. Unanimous consent of all owners and first mortgagees to change percentage interests or the assessment basis; unanimous owner vote plus Commercial Unit consent to change the Article XIV commercial-activity restriction; Grantor consent for Grantor rights and Article XXXII; Commercial Unit consent for their rights; both Grantor and Commercial Unit consent for the jury-waiver and arbitration articles. By-Laws: 67% of total votes including Grantor units. Termination of the regime: unanimous owners and lienholders.
Disputes or lawsuitsNo pending litigation is disclosed. The deed imposes mandatory negotiation, then mediation, then final and binding arbitration (South Carolina Uniform Arbitration Act) on all claims among owners, the Association, the Grantor and contractors except assessment collection and emergency injunctive relief, with claims deemed waived if deadlines are missed; jury trial is waived and the prevailing party recovers attorney fees. Owners' comments in 2024 cite recurring floods and leaks from aging pressure-reducing valves and note the Association received no compensation for Hurricane Ian pier debris landing in the pool.