The board is owner-elected and the developer's Class II veto appears to have lapsed, but the deed grants Commercial Unit C-2 a permanent, specifically enforceable monopoly on front-desk, key-handling and rental-management activity plus an exclusive advertising easement, amendable only with developer consent and a unanimous owner vote; rules cannot bind the commercial units without Grantor consent, and most disputes other than assessment collection go to binding arbitration with a jury waiver.
StructureOne association
Commercial unitYes, with its own deed rights
BoardThree directors during developer (Class II) control, expanding to five at the first annual meeting after Class II control ends; staggered initial terms (two 3-year, two 2-year, one 1-year) then two-year terms, unlimited re-election; nominating committee plus floor nominations; directors removable with or without cause by majority of members; board meetings open to members; at least four board meetings a year (By-Laws Art. III). The 2022 rules were issued by the HOA Board, consistent with owner control.
Developer rightsGrantor held Class II membership with four votes per unit while owning five or more units, the right to appoint a majority of the board, and a veto over all board and committee actions while Class II existed; Grantor could terminate Class II by recorded instrument; Grantor rights assignable only to The National Bank of South Carolina and then freely by it (Master Deed Art. XXXII; By-Laws Art. II Sec. 2, Art. III Sec. 2-3). Rules that diminish commercial-unit or Grantor rights do not bind the Grantor without written consent (Master Deed Art. XV). Grantor may unilaterally correct scrivener errors or lender-required changes (Art. XXIX). Whether Class II control has formally terminated is unstated in the set; the 2004 deed and 2022 board-issued rules suggest it has. The Grantor or an affiliate may be hired as managing agent, and Grantor-appointed directors and the Grantor as a member need not recuse on management contracts in which the Grantor has a pecuniary interest (By-Laws Art. III Sec. 19; Master Deed Art. XXXII). Structural alterations to any unit need the Grantor's written consent for as long as it owns a unit (Art. XIX).
Commercial-unit rightsDeed-level: only the three commercial units may conduct commercial activity; front desk, rental management and key pick-up/drop-off are expressly barred in all other units and common elements and also barred to C-1 and C-3, leaving C-2 (budget label 'Front Desk') as the only unit able to run an on-site rental/front-desk operation. C-2 also holds a perpetual exclusive advertising easement over corridors, elevators, building exterior and garage, control of movable signage, the exclusive right to use maids' closets, four garage storage areas, and a non-exclusive easement to provide telephone/cable/internet/in-room movie services (all wiring remains C-2's property). C-3 may sell food and alcohol on the pool deck. Commercial unit owners may alter their units without board consent and may make 'any commercial or business use'. C-2 may specifically enforce the commercial restriction and recover attorney's fees. The commercial restriction may only be amended with Grantor consent plus a unanimous owner vote; commercial-unit rights only with Grantor and all commercial owners' consent (Master Deed Art. VIII, XIV, XV, XVI, XIX, XXIX, XXX C and F, Exhibit B).
VotesOne vote per unit (Class I); co-owners designate one voting member; proxies allowed; quorum 51% of total votes; special meeting on petition of 10% of votes (By-Laws Art. II).
Changing the deedMaster Deed: proposed by board majority or owners of a majority of units, adopted by 67% of members owning a unit; changes to percentage interests or assessment basis need all owners and mortgagees; Grantor/commercial-unit rights need their consent (Art. XXIX). By-Laws: 67% of total votes including 67% of non-Grantor votes (By-Laws Art. VI Sec. 6). Termination of the regime: unanimous owners and lienholders (Art. XXVIII).
Disputes or lawsuitsNo lawsuit, dispute or pending claim is mentioned in any document. The Master Deed imposes a binding, irrevocable three-arbitrator AAA commercial arbitration clause (hearing in Horry County) on the Grantor, all owners, the Association and construction/maintenance contractors; a 'Claim' covers interpretation or enforcement of the Master Deed and any dispute about the design, construction, sale, maintenance, habitability or condition of units or common areas, but excludes Association suits to collect assessments and suits purely between unit owners. Jury trial is waived for any dispute under the deed (Art. XXXVII, XXXVIII). The deed also discloses historic exterior-wall engineering concerns (1998, 2000, 2004 reports) and a $1,000,000 wall-repair escrow whose use restriction lapsed in 2019.