Owners elect the board by ordinary 2/3 rules and grantor election control lapsed by its own date unless the 80%-sold trigger lags (unstated), but a privately owned Reception Unit holds a deed-level monopoly on the front desk, rental office, key pick-up/drop-off and the trash and linen chutes that cannot be amended without that owner's and the Grantor's written consent, which is closer to the guide's 'deed-level monopoly on guest services' than to 'commercial unit with limited rights'.
StructureOne association
Commercial unitYes, with its own deed rights
BoardInitially 3 directors; thereafter 3, 5 or 7 as the Board decides; staggered three-year terms with about one-third elected each year; Grantor appointed the initial Board and controlled all Board elections until the later of 80% of units sold or December 31, 2015; directors removable with or without cause by 2/3 of Percentage Interests; vacancies filled by remaining directors
Developer rightsGrantor (M Grande Resort, LLC) reserved: unilateral amendment of the deed and by-laws until 80% sold or Dec 31, 2015 (whichever last); unilateral right (expiring Dec 31, 2015) to alter/enlarge the Reception, Restaurant, Meeting Room and Ballroom units, create a Health Spa Unit, add a lazy river and combine units, with every owner's consent deemed given by power of attorney; independent architectural approval right until Dec 31, 2015; construction/sales easement and sales-sign rights; Grantor or an affiliate may be hired as managing agent; perpetual veto: Sections 5.4 and 5.5 cannot be amended without Grantor's written consent. Whether the 80%-sold trigger has occurred is unstated.
Commercial-unit rightsFourteen privately owned Commercial Units (about 14.2% of votes combined; Reception Unit 5.18%) vote with the residential owners. Only the Commercial Units may conduct commercial activity; the Reception Unit owner alone may run a front desk, rental management office or key pick-up on the property and alone may use the maid storage rooms, trash chute and linen chute. The §4.4 commercial-activity restrictions cannot be amended without the Commercial Unit owners' consent, and Commercial Unit owners may change the use of their units (but may not duplicate an existing commercial use such as a second reception area). Commercial units get signage rights on Common Elements with Board approval not to be unreasonably withheld. Commercial units are exempt from nothing: they pay assessments by percentage interest.
VotesOne vote per unit weighted by Percentage Interest (Exhibit C); quorum 51% of Percentage Interests; majority of those present decides unless a greater vote is required; special meeting on request of 10% of interests; budget amended only by 2/3 of Percentage Interests; additional common elements require more than 50% approval; improvements require a majority of owners
Changing the deedTwo-thirds (2/3) of Percentage Interests for the Master Deed and all Exhibits including By-Laws (§14.1; By-Laws §10.1), subject to Grantor's written consent for Grantor-protected sections (5.4, 5.5) and Commercial Unit owners' consent for the §4.4 commercial-activity restrictions; the $1,000,000 reserve restriction (§15.4) 'cannot be amended'; termination requires unanimous owners and mortgagees or the Act's percentage
Disputes or lawsuitsNone disclosed in the documents on file. The deed contains a mandatory binding arbitration clause (Article XVII) for disputes over the deed or between Grantor and owners, carved out for Association collection and enforcement actions.