Deed-level monopoly on rental/guest services for C-1 that needs Grantor consent plus a unanimous vote to change, a possibly still-live developer veto, and a 2024 amendment handing the largest unit holder a right of first offer and refusal over every resale.
StructureOne association
Commercial unitYes, with its own deed rights
Board3 directors during Class II (developer) control, increased to 5 at the first annual meeting after Class II control ends; staggered 3/2/1-year initial terms then 2-year terms; directors must be members (except developer appointees); removable by majority vote of members; at least two board meetings per year, open to members. Developer's power to designate directors terminates no later than June 16, 2016.
Developer rightsGrantor (Sand Castle South Condo Conversion, LLC, successors and assigns) holds Class II membership with 4 votes per unit owned, a veto over all Board/committee actions while Class II membership exists, consent rights over any change to Grantor-reserved rights, consent over Art. XIV and Art. XXII amendments, utility/telecom easements, signage, PUD rezoning (10 years), ownership of the key system, designation of the official rental management company, and may serve as managing agent. Class II membership continues as long as the Grantor or its assignee owns one or more units; whether it has been terminated is unstated. Phase II/III option expired June 16, 2016 unless exercised (unstated).
Commercial-unit rightsDeed-level: only the owners of C-1 and C-2 may conduct commercial activity (including rental activities) on the common elements; rental management services, reservations, key pick-up/drop-off, concierge and in-unit telecom services are reserved to C-1; exclusive advertising, signage, event and food/beverage easements over corridors, elevators, exterior, parking and pool decks; exclusive use of maids closets, trash rooms, service elevator, guest laundry; may alter non-structural parts of the commercial units without Board consent; Association rules that diminish commercial-unit rights are not binding without Grantor consent; commercial owner recovers attorney's fees if it sues to enforce Art. XIV; changing these rights needs written consent of the Grantor and all commercial unit owners, and Art. XIV needs a unanimous owner vote as well.
VotesClass I: one vote per unit (co-owners designate one Voting Member); Class II: Grantor 4 votes per unit owned. Quorum 51% of total vote; majority = more than 50%; proxies allowed; written consent in lieu of meeting requires 80%. 2024 amendment defines a 'Majority Ownership Member' as the single owner holding the greatest number of units and gives it a right of first offer and right of first refusal on every unit sale, indicating concentrated block ownership.
Changing the deedMaster Deed: proposed by majority of Board or owners of a majority of units, then 67% of members owning a unit at a special meeting; unanimous owner + mortgagee consent to change percentage interests or assessment basis; Grantor/commercial-unit consent for their reserved rights; Grantor may unilaterally correct scrivener errors or lender-required changes. By-Laws: 67% of total votes including 67% of non-Grantor votes. Termination of the regime: unanimous owners and lienholders.
Disputes or lawsuitsNone disclosed in the set. The deed imposes a mandatory notice-negotiation-mediation-binding arbitration process (claims deemed waived if not advanced within 30/15-day windows), a jury-trial waiver, and an 'AS IS' acceptance of a 1996 building with mold/mildew disclaimer. Assessment-collection suits and commercial-unit suits to enforce Art. XIV are exempt from arbitration.