Bay View Resort HOA Risk Assessment: Program-leaning

02 The five questions

What the documents decide
before your first guest books.

Five dots is the best answer for an owner who wants to run the unit themselves. One dot is a red flag. Open “What the documents say” under each for the exact words.

Can you rent it your way?

Typical

Whether the deed and rules let you rent short-term on your own terms: no requirement to use the on-site program, no minimum stay that kills weekend bookings, and no rule against saying where the condo is.

Daily rentals are allowed with no minimum stay and owners may self-manage or use any off-site manager, but listings must carry the disclaimer and avoid any mention or photo of the commercial amenities, occupants must be registered, and the unit cannot be used for key handoff, lockboxes or rental-management calls.

Short-term rentalsAllowed

Minimum stayNone stated

Must use on-site programNo

Owner may rent it personallyYes

Off-site manager allowedYes

Owner-use limitsNo minimum stay; daily, weekly or monthly rentals expressly permitted and an owner 'may rent his or her Unit on any basis' (Master Deed 4.5, 4.4); no owner-use cap stated.

RegistrationAssociation occupancy registry of all persons occupying the unit with contact information, plus a single point of contact who can respond on behalf of the unit within 30 minutes (Rules 2021, UNIT OCCUPANCY). Association must hold a working key or access code to every unit (Rules 2021, KEYS; Master Deed 9.12). Any rental management company serving a residential unit (on-site or off-site) must carry $1M/$2M general liability and, if reasonably available at standard rates, a $5M umbrella, all naming the Association as additional insured, file proof before operating, post a contact placard in each unit on its program, and meet the Exhibit I housekeeping/engineering standards (Master Deed 4.7(C)). An owner renting personally is not a rental management company, so these do not literally bind a self-managing owner, but any off-site manager hired must comply. Guests must receive a copy of the rules before arrival.

Advertising rulesOwners renting personally or through an off-site manager must not reference the on-site commercial services/amenities (front desk, housekeeping & maintenance) in text or photos; every listing must carry the capitalized disclaimer (Rules 2021, COMMERCIAL AREAS). Grantor retains the right to impose rules on use of the 'Bayview'/'Bayview Resort' marks and photographic images in rental advertising; the Exhibit H photo list itself applies to advertising the SALE of a unit (Master Deed 4.6). No 'For Rent' signs on the property without Board approval. The unit may not be used to dispense keys (including lock-box keys), book rentals or act as a rental office (Master Deed 4.4, 5.5), and 9.1(l) permits personal business calls from the unit except 'unit rental management calls', so no part of the rental operation may be run from the unit itself; no lockboxes in hallways/stairwells (Rules 2021).

Disclaimer in your listingRequired

Vote to change rental rulesRules & Regulations may be revised by the Board alone. Master Deed generally amendable by 2/3 of Percentage Interest (14.1), but the Section 5.5 commercial-activity restriction (which reserves rental-management/front-desk/concierge services to the Administrative Units) requires unanimous consent of all Homeowners plus written consent of the Grantor and the Administrative Unit owner(s); any amendment limiting Administrative Unit rights needs that owner's written consent.

What the documents say (10)

“Provided however, nothing herein shall be construed as limiting the right of any Owner of any Unit from renting or leasing his, her, their or its Unit, subject to all terms and conditions of this Master Deed on a daily, weekly or monthly basis.”Master Deed Bay View Resort.pdf, Article IV, Section 4.5 Time Sharing of Units, p. 18

“The Residential Units shall be used for residential purposes only; provided, however, a Homeowner may rent his or her Unit on any basis so long as he or she does not use the Unit itself to dispense keys of any nature including keys to lock boxes, to book rentals, or to otherwise act as the office for renting the Unit itself or for renting or providing cleaning services for any other property, which conduct is expressly prohibited.”Master Deed Bay View Resort.pdf, Article IV, Section 4.4 Use Restrictions, p. 17

“Residential Unit Owners may rent their Units, but are restricted against using any part of the Common Elements to engage in the business of renting.”Master Deed Bay View Resort.pdf, Article V, Section 5.5 Use Restrictions, p. 23

“As a result, and in order to avoid any confrontations or other misunderstandings on-property, all Owners who elect to rent their units either personally, or through an off-site rental management company, shall refrain from referencing the availability of such commercial service, operations and amenities (whether in text or photographs).”Rules & Regulations - Bay View Resort.pdf, COMMERCIAL AREAS, p. 2 (Deed BK 4442 PG 639)

“In addition, any electronic, digital, print or other media listings, advertising or marketing materials for such units shall include the following disclaimer: "RENTAL OF THIS UNIT DOES NOT INCLUDE ANY FORM OF FRONT-DESK SERVICE OR ACCESS TO, OR USE OF, CERTAIN COMMERCIAL OPERATIONS LOCATED UPON THE PROPERTY".”Rules & Regulations - Bay View Resort.pdf, COMMERCIAL AREAS, pp. 2-3 (Deed BK 4442 PG 639-640)

“Grantor further discloses that in the case of Owners that desire to rent Residential Units they own, the Grantor, its successors or assigns, retains rights to impose. reasonable rules and regulations concerning the advertisement of Units for rent by Owners and rental managers to prevent use of the names and photographic images of the Marks in a manner that is misleading to the general public as to the size of inventory of Units that is being offered or as to the types of guest services that are available in connection with the rental.”Master Deed Bay View Resort.pdf, Article IV, Section 4.6 Use of Tradenames and Servicemarks, p. 18

“All rental management agencies renting any units at Bayview Horizontal Property Regime shall meet the minimum standards for housekeeping and engineering set forth in Exhibit I.”Master Deed Bay View Resort.pdf, Article IV, Section 4.7(C), p. 20

“Not withstanding anything herein to the contrary, the provisions of this Section 5.5 may not be amended without the unanimous consent of all Homeowners and the express written consent of the Grantor and the Owner(s) of the Administrative Units.”Master Deed Bay View Resort.pdf, Article V, Section 5.5, p. 24

“PLEASE NOTE: To further enforce the policies, these Rules and Regulations are subject to revision by the HOA Board of Directors.”Rules & Regulations - Bay View Resort.pdf, p. 3 (Deed BK 4442 PG 640)

“This Article shall not be construed to prevent or prohibit a Homeowner from maintaining his library, keeping his personal business or professional records or accounts, handling his personal business or professional telephone calls (other than unit rental management calls), or conferring from time to time with business or professional associates, clients, or customers in his Unit.”Master Deed Bay View Resort.pdf, Article IX, Section 9.1(l), p. 35 (OCR word order lightly reassembled)

Will your guests be treated like guests?

Caution

Whether a guest who booked through you gets the same resort as a guest who booked through the front desk: the same pools, parking, wristbands and check-in, or a second-class version of them.

Off-program guests get the pools, lazy river, fitness room and parking with owner-distributed wristbands, keys and passes, but are excluded from front desk, housekeeping and the trash chutes, the disclaimer is mandatory, and the owner handles check-in and keys.

Amenities for your guestsMost, not all

Off limits to your guestsFront Desk Services, Housekeeping & Maintenance Services, Trash chutes (reserved to the Commercial Unit owner; off-program units use the garage compactor), Linen chutes and service closets (Limited Common Elements of AU-1)

Wristbands & parking passesAssociation Office (Ally Management, Inc.) sends off-program units several wristbands near the start of each year, ten common-area keys, and parking passes for the owner to distribute to guests (no annual cadence is stated for keys or passes); additional wristbands and keys are requested from the office Mon-Fri 9-5, and extra keys carry a charge. Guests must wear pool bands on the pool deck. Only vehicles fitting one marked space; no golf carts, trailers, boats, campers; vehicles may remain only while guests occupy the unit.

Check-inowner handles (Rules 2021 exclude Front Desk Services from off-program rentals and require the disclaimer; note Master Deed 5.4.a still says all occupants 'shall check in at the reception desk upon arrival and check out at the reception desk upon departure', an unreconciled conflict)

TrashOff-program units must bag trash in heavy-duty plastic and carry it to the compactor at the parking garage on Flagg Street; trash chutes are for the exclusive use of the Commercial Unit Owner; no bags outside unit doors; bulky items must go off-site at owner's expense.

ElevatorsThree elevators are General Common Elements (Master Deed 3.6.a(g)); no service-elevator-only rule stated. Move-ins/outs must occur during business hours and be coordinated with building maintenance.

Housekeeping & linenDaily or weekly maid service by independent contractors acting for the owner is permitted (Master Deed 5.5), but linen chutes and service closets belong to AU-1 and Housekeeping & Maintenance Services are listed as commercial areas not included in off-program rentals.

What the documents say (9)

“Access to portions of the property's commercial operations and amenities are limited to only those guests renting through the on-site commercial management company.”Rules & Regulations - Bay View Resort.pdf, COMMERCIAL AREAS, p. 2 (Deed BK 4442 PG 639)

“The Commercial areas include; Front Desk Services and Housekeeping & Maintenance Services.”Rules & Regulations - Bay View Resort.pdf, COMMERCIAL AREAS, p. 3 (Deed BK 4442 PG 640)

“Units not participating on the onsite rental program, will be sent several wristbands near the beginning of each year.”Rules & Regulations - Bay View Resort.pdf, WRISTBANDS, p. 1 (Deed BK 4442 PG 638)

“Units not participating on the onsite rental program will be sent ten (10) common area keys.”Rules & Regulations - Bay View Resort.pdf, KEYS, p. 1 (Deed BK 4442 PG 638)

“Units not participating with the onsite rental company will be sent parking passes to distribute to their guests.”Rules & Regulations - Bay View Resort.pdf, PARKING, p. 2 (Deed BK 4442 PG 639)

“Per the Master Deed, the trash chutes are for the exclusive use of the Commercial Unit Owner; therefore units not participating with the onsite rental company, must discard all trash in the compactor located at the parking garage on Flagg Street.”Rules & Regulations - Bay View Resort.pdf, TRASH, pp. 1-2 (Deed BK 4442 PG 638-639)

“Guests must wear appropriate pool bands while on pool deck.”Rules & Regulations - Bay View Resort.pdf, SWIMMING POOLS, p. 2 (Deed BK 4442 PG 639)

“Any and all guests of such units shall receive a copy of these rules and regulations prior to arriving at the property.”Rules & Regulations - Bay View Resort.pdf, COMMERCIAL AREAS, p. 3 (Deed BK 4442 PG 640)

“No such exclusive event shall continue for more than six (6) consecutive hours and no more than ten (10) such events may take place in any one calendar year.”Master Deed Bay View Resort.pdf, Article IX, Section 9.6 Food and Beverage Easement, p. 39 (applies to all owners and guests, program and off-program)

How much work lands on you?

Red flag

What the rules make the owner personally responsible for: a local contact who answers in minutes, keys and passes, trash, fines for guest behaviour, vendor hours and elevators.

A 30-minute response contact, an occupant registry, carrying all guest trash to the compactor in the Flagg Street garage, HOA-mandated locks billed to the owner, licensed and bonded vendors restricted to 9-5 with front-desk sign-in and COI/bond filings, and fines from $200 plus $50/day (smoking $250) backed by lien, entry-and-abate and judicial-sale remedies meet three of the guide's four 1-tier markers; only the absence of a service-elevator rule and the Association mailing wristbands, keys and passes soften it.

Local contactOccupancy registry must name a single point of contact for the renting owner who can respond on behalf of the unit within 30 minutes to any rule violation or emergency (Rules 2021, UNIT OCCUPANCY).

Response time30 minutes

Locks & keysAssociation must have a working key or access code to every unit; entry door and lock modifications require Board approval; locks must remain uniform in appearance and method of use; the Board holds a master key and may enter for emergencies and for pest or rodent control (Master Deed 9.12). The Board approved a standardized door-lock program for all units not on the in-house rental program because changing door codes had blocked HOA access for emergencies and pest control; owners choose a Wi-Fi or non-Wi-Fi lock and assign their own door codes, the HOA master key is kept in the executive office, and the HOA coordinates the change-out and bills the lock cost back to the owner (2024 Minutes, 8.C). No lockboxes in hallways or stairwells.

FinesWarning first, then fines starting at $200 per infraction plus $50/day for wilful violations; smoking fines start at $250 per occurrence; throwing anything off a balcony results in eviction of all guests; the owner may appear before the Board, whose decision is final; fines are a lien on the unit and personal obligation of the owner whether the violation occurred during owner or guest occupancy (Rules 2021, VIOLATIONS). Owner also pays for any common-element damage caused by guests or contractors. Master Deed 9.10: after notice and a Board hearing the Board may enter the unit and summarily abate the violation at the owner's expense, lien all costs and attorney's fees (foreclosable like an assessment lien), and for continued violations give a 10-day notice and sue for a court-ordered judicial sale of the unit with the owner barred from buying it back. Master Deed 5.4.c: the Board may suspend voting rights and use of the facilities for any rule infraction, not only unpaid assessments.

Contractors & vendorsContractors must be licensed in Horry County and the City of Myrtle Beach, work 9 AM-5 PM, carry liability and workers' comp with a COI naming the Association as additional insured, sign in and get a name tag at the front desk; Master Deed 12.4 also requires anyone repairing a unit to hold $1M/$2M general liability, workers' comp with waiver of subrogation, and a $15,000 third-party employee dishonesty bond, with proof filed before work. Move-ins/outs only during business hours, coordinated with maintenance.

AlsoEach owner must ensure that his or her rental agent and guests understand and observe all rules (Rules 2021 GENERAL). The HOA buys a master HO6 program billed to residential units in dues (2026 Budget line 83310; Rules 2021 INSURANCE requires an owner HO-6 with liability and contents coverage only 'if not provided by the HOA'). Independently, Master Deed 11.5 requires each owner to carry contents/improvements coverage and liability of at least $1,000,000 per occurrence naming Bayview Homeowners' Association, Inc. as additional insured, with the declarations page filed with the Association. Owner must give 10 days' notice of any sale closing with purchaser details (6.5); must hang draperies with white lining; balcony furniture must be brown; no smoking anywhere including inside units and balconies; off-program owners haul trash to the garage compactor.

What the documents say (13)

“Additionally, such registry shall include a singular point of contact for, and on behalf of the renting owner(s) who can respond on behalf of the unit within 30 minutes to any and all violations of the rules and regulations of the Association or in the event of an emergency.”Rules & Regulations - Bay View Resort.pdf, UNIT OCCUPANCY, p. 3 (Deed BK 4442 PG 640)

“Assessed fines shall start at $200.00 per infraction (unless otherwise stated) and may, for wilful violations, include an additional, daily per diem penalty of $50.00 per day until the violation is remedied.”Rules & Regulations - Bay View Resort.pdf, VIOLATIONS, p. 3 (Deed BK 4442 PG 640)

“Repeated or continued violations of the rules and regulations (whether occurring during owner or guest occupancy) may result in fines and/or legal action against the owner of the unit.”Rules & Regulations - Bay View Resort.pdf, VIOLATIONS, p. 3 (Deed BK 4442 PG 640)

“Smoking or vaping of any kind is strictly prohibited on the Association property including within units and balconies as this is a Non-Smoking property.”Rules & Regulations - Bay View Resort.pdf, SMOKING, p. 2 (Deed BK 4442 PG 639)

“Per the Master Deed, the Association must have a working key or access code to every unit in the event of an emergency.”Rules & Regulations - Bay View Resort.pdf, KEYS, p. 1 (Deed BK 4442 PG 638)

“The HOA would coordinate the lock change out and the cost of the new lock would be billed back to the unit owner.”2024 Annual Minutes - Bay View Resort.pdf, 8. New Business, C. Standardized Door Lock, p. 4 (heading on p. 3)

“All contractors must sign in and receive a name tag or identifiable marker from the front desk before entering the property and performing any services.”Rules & Regulations - Bay View Resort.pdf, UNIT MAINTENANCE / CONTRACTOR WORK, p. 3 (Deed BK 4442 PG 640)

“All owners are required to obtain an HO-6 insurance policy that provides liability and content coverage if not provided by the HOA.”Rules & Regulations - Bay View Resort.pdf, INSURANCE, p. 3 (Deed BK 4442 PG 640)

“Each Homeowner shall be responsible for the conduct of his or her tenants, guests agents, and members of his or her household.”Master Deed Bay View Resort.pdf, Article IX, Section 9.1, closing paragraph (following subparagraph (p)), p. 36

“It is also each owner's responsibility to ensure that his / her rental agent and guests understand and observe all rules and regulations.”Rules & Regulations - Bay View Resort.pdf, GENERAL, p. 1 (Deed BK 4442 PG 638)

“The violation of any rule or regulation adopted by the Board or the breach of any covenant or provision herein contained shall, in addition to any other rights provided for in the Act, this Master Deed, or the Bylaws, give the Board the right: (a) to enter upon the Unit or any portion of the Property upon which, or as to which, such violation or breach exists and to summarily abate and remove, at the expense of the defaulting Homeowner, any structure, thing, or condition that may exist thereon contrary to the intent and meaning of the provisions hereof”Master Deed Bay View Resort.pdf, Article IX, Section 9.10 Compliance, pp. 40-41

“the Board shall have the power to issue to the defaulting Homeowner a ten (10) day notice in writing to terminate the rights of the said defaulting Homeowner to continue as a Homeowner and to continue to occupy, use, or control his Unit”Master Deed Bay View Resort.pdf, Article IX, Section 9.10 Compliance, pp. 41-42 (reassembled across page break)

“Upon the issuance of any fine, the offending owner shall be given an opportunity to appear before the Board, at a date and time of the Board's choosing, to present evidence as to the occurrence of the alleged violation and the amount of any resulting fine. The decision of the Board following such hearing shall be final”Rules & Regulations - Bay View Resort.pdf, VIOLATIONS, p. 3 (Deed BK 4442 PG 640)

Is the money healthy?

Clear

Whether the association can pay for the building without surprise bills: reserves, special assessments, insurance deductibles, how fast dues are rising, and how much of the fee passes through to a master association.

Reserves are funded at 21.6% of the 2026 budget with about $1.87M on hand, no special assessment appears in any document, the master insurance premium fell $35,000 with the named-storm deductible bought down to $200,000, total assessments rose 1.0% (base dues 3.0%) after 2.22%, and dues include regime-wide electricity, water, fuel, cable, internet, pest control and a master HO6; residual risks are the 12.1 deductible exposure (about $1,125 per Type E unit per named storm) and the absence of a reserve study for a 2007 tower on a 3/5/12-year maintenance schedule.

2026 budget$2,510,348

Dues change+1.0% on the year

Reserves22% of budget

Reserve balance$1,874,952

Special assessmentsNone in the documents

InsuranceBudget line 83300 Insurance Expense drops from $355,000 (2025) to $320,000 (2026), and is passed through as a separate per-unit 'Insurance' assessment. A separate Master HO6 program ($126,000, line 83310) is billed to residential units as a per-unit HO6 charge. Together insurance is $446,000 or 17.8% of the 2026 budget. 2024 minutes: market stable for the first time in 3-4 years; the premium increase that year came from the deductible buy-down; HO6 limits per unit type were raised; no wind-driven-rain sublimit; broad all-in endorsement; slight increase expected for 2025. Dues composition: total assessments +1.00% for 2026, but base dues +3.0% (Type E $936.58 to $964.61; regular assessment revenue $1,998,526 to $2,058,348) offset by a 9.9% drop in the insurance pass-through (Type E $166.37 to $149.96) with HO6 flat, so if the premium reverts owners face the dues trend plus the swing. Budget carries a $10,000 Insurance Claims line (89700) and the Aug-31-2024 balance sheet an insurance escrow of $97,264 (2024 Minutes, 6.C). Purchase cost: Master Deed 11.1 requires every new owner at purchase to pay an initial assessment equal to the unit's share of one year's insurance premium (at 2026 rates about $1,478 Type A, $1,189 B, $1,060 C, $2,603 D, $1,800 E, $1,960 F, $3,824 P); original purchasers also deposited one year of insurance plus two months' assessments as working capital (6.1.h).

Wind deductibleNamed-storm deductible bought down from $700,000 to $200,000 in 2024; water damage deductible reduced from $100,000 to $25,000; all-perils deductible $25,000 (2024 Minutes, 6.B). Master Deed 11.4: deductible is paid by the party who would be liable for the loss absent insurance; 12.1: any uninsured loss or amount within the deductible is a Common Expense of all owners by percentage interest (about $1,125 per Type E unit per named-storm event at $200,000), charged as an individual assessment only when a specific owner's or guest's neglect, wilful act or abuse caused it.

FloodMaster Deed 11.1 directs the Board to obtain flood, wind and earthquake coverage if reasonably available; the budget does not break out a flood premium, so request the declarations. Exhibit B Permitted Exceptions note flood-zone locations on Parcels 1 and 2 (the building parcels) and a surveyed erosion rate of 0.68 feet per year (Master Deed Exhibit B, item 9, p. 69).

DelinquencyMaster Deed 6.4: unpaid assessments bear 18% interest, $25 late fee after 30 days, lien superior to all but taxes and prior-recorded mortgages, foreclosable like a mortgage with receiver and attorney's fees. 6.5: on any sale the purchaser is jointly and severally liable with the seller for unpaid assessments (6.6 exempts first-mortgage foreclosure purchasers). Budget: $1,000 fines/late fees, $5,000 bad debt expense and $5,000 bad-debt recovery. Minutes (Aug 31, 2024): $7,630 assessments receivable and $20,531 parking-garage receivable, $480,944 total operating assets, $942 YTD fines/late fees; year-end 2023 audited assets $2,115,570 (6.A). Board may suspend voting and amenity use for unpaid assessments or rule infractions (Master Deed 5.4.c).

What the documents say (16)

“TOTAL OPERATING EXPENS 2,486,140 2,510,348 24,822 1.00%”2026 Budget - Bay View Resort.pdf, Expenses total line, p. 1

“39500 - General Reserve Funding 502,000 511,250 9,250 39510 - Reserves Parking Garage 30,000 30,000 -”2026 Budget - Bay View Resort.pdf, Other Expenses, p. 1

“83300 - Insurance Expense 355,000 320,000 (35,000) 83310 - Master HO6 Insurance 126,000 126,000 -”2026 Budget - Bay View Resort.pdf, Other Expenses, p. 1

“Type E 68 0.5623619% 59.48 149.96 964.61 1,174.06 11.63”2026 Budget - Bay View Resort.pdf, 2026 assessment table (Type, # units, % value, Monthly HO6, Monthly Ins, Dues, Total, Increase over 2025), p. 1

“The Association's increase in premium resulted from the buy-down of the named storm deductible from $700K to $200K.”2024 Annual Minutes - Bay View Resort.pdf, 6. Reports, B. Insurance Review, p. 2

“In addition to the reserve expenses outlined in the expense statement (Exhibit "G"), he highlighted the reserve expenses which included boiler system repair, elevator upgrades, pool equipment, fire system repair, door lock system repair and luggage carts.”2024 Annual Minutes - Bay View Resort.pdf, 6. Reports, C. Financial Position Summary - August 31, 2024, p. 3 (same report states reserve total current assets of $1,874,952 and $334,667 funded year to date)

“He reported that the Association had received a clean opinion.”2024 Annual Minutes - Bay View Resort.pdf, 6. Reports, A. Audited Position - Year Ended December 31, 2023, pp. 1-2 (page-1 footer absent from extraction; same report: year-end 2023 assets $2,115,570)

“She stated that the 2025 budget would see a 2.22% increase.”2024 Annual Minutes - Bay View Resort.pdf, 8. New Business, A. 2025 Budget Review, p. 3

“When in default, the delinquent assessment or delinquent installment thereof due to the Association shall bear interest at а rate of eighteen (18%) percent per annum until such delinquent assessment or installment thereof, and all interest due thereon, have been paid to the Association.”Master Deed Bay View Resort.pdf, Article VI, Section 6.4 Lien Upon Unit, pp. 27-28 (reassembled across page break)

“Each owner consents to the terms and conditions of the Parking Easement, and agrees, by acceptance of a deed to a Unit, to be bound by the terms and conditions of the Parking Easement as that instrument may be amended from time to time, including the obligation, through the Regime, to pay the costs of maintenance, insurance, repair, replacement, utilities, taxes and upkeep on a prorata share of the present parking garage improvements and of any replacement parking that may be substituted for the existing parking improvements in accordance with the terms and conditions of the Parking Easement.”Master Deed Bay View Resort.pdf, Article IX, Section 9.9 Parking Easement, p. 40

“At the time of purchase of each Unit, the new Unit Owner shall pay an initial assessment equal to the unit's share of one (1) year's insurance premium to the Homeowners' Association.”Master Deed Bay View Resort.pdf, Article XI, Section 11.1 Hazard Insurance, p. 46

“upon the sale or conveyance of a Unit, all unpaid Assessments against a Homeowner for his or her pro rata share of Common Expenses shall first be paid out of the sale price or by the purchaser or grantee who shall be jointly and severally liable with the seller for unpaid Assessments”Master Deed Bay View Resort.pdf, Article VI, Section 6.5 Sale of Unit, p. 28

“If the damage to the Regime Property is not insured or if the amount of the loss is within the deductible provisions of the insurance policy or if the proceeds of insurance or condemnation are insufficient to cover the cost of reconstruction or repair, the deficiency shall be a Common Expense of all Homeowners; provided, however, any such deficiency resulting from damage to the Regime Property as a result of the neglect, willful act, or abuse of the Regime Property by any Homeowner or his or her guests shall be charged to such Homeowner as an individual assessment.”Master Deed Bay View Resort.pdf, Article XII, Section 12.1 Reconstruction, p. 49 (OCR word order reassembled)

“MAINTENANCE SCHEDULE ... Painting Doors, Fascias, Trim, Handrails, etc. 3 ... Exterior Concrete Deck and Wall Waterproofing Coating Systems 5 ... Replacement of Roof 12”Master Deed Bay View Resort.pdf, Article V, Section 5.7, pp. 24-25 (required frequency in years)

“30100 - Regular Assessment Reve 1,998,526 2,058,348 59,822 30300 - Insurance 355,000 320,000 (35,000)”2026 Budget - Bay View Resort.pdf, Revenues, p. 1

“60500 - Cable Television 33,160 33,160 - 60600 - Phone (Elev,Pool,Fire) & F 3,200 3,400 200 60800 - Wireless Internet 46,994 58,934 11,940”2026 Budget - Bay View Resort.pdf, Utilities, p. 1

Who's really in charge?

Caution

Who holds the power the documents hand out: an owner-elected board, or a developer or commercial-unit owner with deed-level rights over rentals, guest services and the building's name.

The board is owner-elected and developer board control has ended, but the Administrative Unit holds perpetual deed-level exclusive rights to front-desk/rental-type services, telecom/cable/internet, signage and pool-deck commerce that cannot be changed without unanimous consent, rules do not bind it without its consent, and the Grantor can still add phases (including commercial units) through 2027 under a mandatory-arbitration deed.

StructureOne association

Commercial unitYes, with its own deed rights

On-site operatorBrittain Resorts and Hotels (inferred from the 2024 minutes, which list its representatives including a General Manager and note that 'representatives from the rental company' were available; the minutes do not expressly name the rental company. The Master Deed itself names only the Grantor, Jeram Tej, LLC, and the 'Administrative Unit' owner)

BoardOwner-elected Board; the 2024 minutes elected one seat to a three-year term and list five Directors at the head table, so a five-member board with staggered three-year terms is inferred, not stated. Bylaws (Exhibit E) were not readable. Annual meeting quorum 51%.

Developer rightsGrantor (Jeram Tej, LLC) held the right to elect the board until the later of 80% of units sold or December 31, 2013 (ended; owner-elected board per 2024 minutes). Still live under the deed: unilateral right to add phases of up to 400 apartments without owner consent through December 31, 2027 (1.3), unilateral right to approve unit alterations through December 31, 2027 (4.3), Grantor consent required to amend Sections 5.4, 5.5, 7.2, Article XVII (warranty disclaimer) and Article XVIII (arbitration), rules affecting the Grantor are not binding on it without its written consent (4.7), Grantor ownership of the 'Bayview'/'Bayview Resort' marks, and the right to regulate rental advertising (4.6). Phases may include commercial units, administrative units, parking, conference centers, meeting rooms and banquet halls; the deed warns that added Common Elements bring added expenses (Master Deed 1.3; Exhibit C, p. 75).

Commercial-unit rightsAdministrative Units AU-1/AU-2 may be used for any lawful purpose, may erect signs anywhere on the Common Elements, and hold perpetual exclusive easements for telecom/cable/internet service and the card-key system (9.3), rooftop/cell towers (9.4), advertising (9.5), food, beverage and retail on pool decks and lobby including cordoning the deck for up to 10 private events a year (9.6), live/recorded music (9.7), the marquee (9.8), the linen chutes and a 625 sq ft pool-deck Limited Common Element (3.6.b). Section 5.5 bars every other owner and the Association from any commercial activity on the Common Elements including rental management, reservations, key pick-up, front desk or concierge. Rules that affect the Administrative Units are not binding on their owner without written consent (4.7).

VotesOne vote per unit weighted by Percentage Interest (Exhibit C); decisions by 51% or more of value present at a quorum unless a higher threshold applies (7.2). Board may suspend voting rights for unpaid assessments or rule infractions (5.4.c).

Changing the deedMaster Deed and Exhibits (including Bylaws) amendable by 2/3 of Percentage Interest (14.1); Section 5.5 commercial restriction requires unanimous owner consent plus Grantor and Administrative Unit owner consent; Sections 5.4, 5.5, 7.2, Article XVII and Article XVIII require Grantor's prior written consent; Rules revisable by the Board alone.

Disputes or lawsuitsNone disclosed. Master Deed Article XVIII imposes mandatory notice-negotiation-mediation-arbitration for most claims, a jury-trial waiver and prevailing-party attorney's fees; the arbitration article cannot be amended without Grantor consent. 2024 minutes note owner comments about parking-garage roll-up door problems, a gate arm, the building's 'under elevated status', a new oceanfront Tiki Bar opening, and a proposal, presented by one of the Directors on behalf of an outside company, supporting the up-fit of 129 future bulk units.

What the documents say (10)

“Until the sale by Grantor of eighty (80%) percent of the units or on December 31, 2013, whichever shall occur last, Grantor shall be entitled to exercise, without the consent of the Homeowners, all rights granted to the Homeowners to elect members of the Board of Directors by the Act, the Master Deed and the By-laws.”Master Deed Bay View Resort.pdf, Article VII, Section 7.2 Voting, p. 30

“It was announced that the quorum requirement of 51% had been reached via proxy and those who were in attendance.”2024 Annual Minutes - Bay View Resort.pdf, 4. Roll Call and Proxy Certification, p. 1

“Grantor may elect to exercise this right or option as to any additional phase, (or any one or more of said phases) no later than December 31, 2027.”Master Deed Bay View Resort.pdf, Article I, Section 1.3 Additional Phases, pp. 2-3

“The Administrative Units may be used for any lawful purpose. The owner(s) of Administrative Units, their agents, successors and assigns, shall be allowed to erect signs anywhere on the Common Elements of the Regime.”Master Deed Bay View Resort.pdf, Article IV, Section 4.4 Use Restrictions, p. 18

“The Association and each Unit Owner (other than the Owner (s) of the Administrative Unit (s)) are specifically restricted against conducting any commercial activity on any of the Common Elements.”Master Deed Bay View Resort.pdf, Article V, Section 5.5 Use Restrictions, p. 23

“Provided, however, any such rules. or regulations that purport to diminish, abrogate or in any way affect the Administrative Units, including the Limited Commori Elements appurtenant thereto or other easements or rights granted herein in favor of such Administrative Units or the Owners thereof shall not be binding upon such Owner(s) of such Administrative Units, their successors and assigns, unless and until such affected Owner consents in writing to the same.”Master Deed Bay View Resort.pdf, Article IV, Section 4.7 Use Restrictions and Rules of Association, p. 19

“Section 14.1 Homeowners. Subject to the provisions of Section 14.2, this Master Deed and all Exhibits, including the Bylaws, may be amended from time to time by resolution adopted by the affirmative vote of the Homeowners of two-thirds (2/3) of the Percentage Interest in the Common Elements subject to the following conditions: No amendment by the Homeowners shall be in violation of the Act or the Permitted Encumbrances and no Amendment shall alter the dimensions of a Unit or the Percentage Interest in the Common Elements appurtenant thereto without the consent of the Homeowners of such Unit.”Master Deed Bay View Resort.pdf, Article XIV, Section 14.1, p. 52

“Additionally, the centralized electronic card key system for making and printing key cards is, and shall remain, the property of the Owner of Unit AU-1, its successors, lessees, licensees or assigns.”Master Deed Bay View Resort.pdf, Article IX, Section 9.3 Utility Easements, p. 37

“THIS MASTER DEED CONTAINS A BINDING, IRREVOCABLE AGREEMENT TO ARBITRATE AND IS SUBJECT TO ARBITRATION PURSUANT TO TITLE 15, CHAPTER 48 (UNIFORM ARBITRATION ACT) OF THE CODE OF LAWS OF SOUTH CAROLINA”Master Deed Bay View Resort.pdf, Cover page, p. 1

“Any such addition will increase the Common Elements and expenses normally associated with the use of such facilities may be expected.”Master Deed Bay View Resort.pdf, Article I, Section 1.3 Additional Phases, p. 2

03 Pros and cons

For the owner who runs it themselves.

The same building reads very differently to an owner on the rental program and an owner on Airbnb. This list is for the second one.

Working for you

Short-term rentals are expressly allowed on a daily, weekly or monthly basis with no minimum stay and no owner-use cap (Master Deed, Sec. 4.5).
Owners may rent 'personally, or through an off-site rental management company'; the rules contemplate both and do not require the on-site program (Rules 2021, COMMERCIAL AREAS).
Pools, lazy river, fitness room and parking are General Common Elements open to all owners' guests with wristbands (sent near the start of each year), ten common-area keys and parking passes that the Association sends to off-program units (Master Deed Sec. 3.6.a; Rules 2021 WRISTBANDS, KEYS, PARKING).
Reserve funding is $541,250 or about 21.6% of the 2026 budget, well above a 15% benchmark, and the reserve fund held about $1.87 million at August 31, 2024 (2026 Budget, lines 39500/39510; 2024 Minutes, 6.C).
Total assessments rose only about 1% for 2026 (e.g., Type E $1,162.43 to $1,174.06 monthly) after a 2.22% increase for 2025; no special assessments are mentioned in any document (2026 Budget assessment table; 2024 Minutes, 8.A).
The master insurance line fell from $355,000 to $320,000 for 2026, and the named-storm deductible was bought down from $700,000 to $200,000 with water-damage and all-perils deductibles at $25,000 (2026 Budget line 83300; 2024 Minutes, 6.B).
Dues bundle regime-wide electricity, water/sewer, fuel, cable TV, wireless internet, interior pest control, security patrol and a master HO-6 program; the 2026 budget carries these utilities as a common expense, although Master Deed 6.1.g-h lets the Association sub-meter and bill owners for utilities (Master Deed Sec. 6.1.g; 2026 Budget Utilities and Other Expenses).
The 2023 audit received a clean opinion and the board is owner-elected (one seat elected to a three-year term in 2024; board size and staggering inferred since the Bylaws were not readable); developer control of the board ran until the later of 80% sell-out or December 31, 2013 and has since ended in practice (2024 Minutes, 6.A and 7; Master Deed Sec. 7.2).
Daily or weekly maid service by independent contractors acting for the owner is permitted (Master Deed Sec. 5.5).
The Board-approved standardized lock program lets off-program owners pick a Wi-Fi-capable smart lock and assign their own guest codes while the HOA keeps a master key for emergencies and pest control, which fits remote self check-in (2024 Minutes, 8.C).

Watch-outs

Every off-program listing must carry the capitalized disclaimer that rental 'DOES NOT INCLUDE ANY FORM OF FRONT-DESK SERVICE' and must not mention or photograph the front desk, housekeeping or other commercial amenities (Rules 2021, COMMERCIAL AREAS).
Owner must register every occupant with the Association and name a contact who can respond on behalf of the unit within 30 minutes to any violation or emergency (Rules 2021, UNIT OCCUPANCY).
Off-program guests cannot use the trash chutes; all trash must be bagged and carried to the compactor at the Flagg Street parking garage, and bulky items hauled off-site at the owner's expense (Rules 2021, TRASH).
Fines start at $200 per infraction plus $50 per day for wilful violations, $250 for smoking, and attach as a lien on the unit whether the violator was the owner or a guest; any guest throwing an item off a balcony gets the whole party evicted (Rules 2021, VIOLATIONS, SMOKING, BALCONIES).
The Association must hold a working key or code to every unit, lock changes need Board approval, and off-program units were put on a Board-mandated standardized lock program billed back to the owner (Rules 2021, KEYS and BUILDING HALLWAYS; Master Deed Sec. 9.12; 2024 Minutes, 8.C).
The unit itself may not be used to dispense keys (including lock-box keys), book rentals or act as a rental office, rental-management calls may not be handled from the unit, and no lockboxes may be placed in hallways or stairwells, so key handoff for self-check-in must be solved with a smart lock (Master Deed Secs. 4.4, 5.5 and 9.1(l); Rules 2021, BUILDING HALLWAYS).
Any rental management company (on-site or off-site) must carry $1M/$2M liability plus a $5M umbrella if reasonably available at standard rates, all naming the Association, file proof before operating, post a placard in each unit on its program and meet the Exhibit I housekeeping standards; Exhibit I was not readable in this file (Master Deed Sec. 4.7(C)).
Any repair vendor must be state-licensed with $1M/$2M liability, workers' comp with waiver of subrogation and a $15,000 dishonesty bond filed before work, plus Horry County and City of Myrtle Beach licenses, 9-5 hours and front-desk sign-in (Master Deed Sec. 12.4; Rules 2021, UNIT MAINTENANCE / CONTRACTOR WORK).
The Administrative Unit owner holds perpetual exclusive deed-level rights over front-desk-type services, telecom/cable/internet, the card-key system, rooftop, signage, pool-deck food/beverage and up to ten private pool-deck closures a year, and rules affecting it are not binding without its written consent; changing Section 5.5 needs unanimous owner consent plus Grantor and Administrative Unit consent (Master Deed Secs. 4.7, 5.5, 9.3-9.8).
The Grantor can still add phases of up to 400 apartments to the regime without owner consent through December 31, 2027, which would dilute percentage interests and add shared amenity costs (Master Deed Sec. 1.3).
The property is 100% non-smoking including inside units and balconies, no pets, no grilling and no golf carts, trailers or boats, which narrows the guest pool (Rules 2021, SMOKING, PETS, GRILLING, TRAILERS AND OTHER RECREATIONAL VEHICLES).
Owners are bound by a separate recorded Parking Easement to pay a pro-rata share of garage maintenance, insurance, taxes and any replacement parking ($150,275 budgeted plus a $30,000 garage reserve), and the 2024 minutes record ongoing roll-up door problems and a parking-garage receivable of $20,531 (Master Deed Sec. 9.9; 2026 Budget line 42500; 2024 Minutes, 6.C and 8.D).
All disputes with the Association or developer go to mandatory negotiation, mediation and binding arbitration with a jury-trial waiver and prevailing-party fees (Master Deed Article XVIII).
Master Deed Sec. 5.4.a still requires all occupants to check in and out at the reception desk while the 2021 rules exclude front-desk service from off-program rentals; the documents do not reconcile how off-program guests check in (Master Deed Sec. 5.4.a; Rules 2021, COMMERCIAL AREAS).
No reserve study, insurance declarations or bylaws were in the set and the Master Deed file is truncated before the Bylaws, so board-election, assessment and special-assessment mechanics could not be verified (Master Deed Exhibit E not readable).
Beyond the fine schedule, the deed lets the Board, after notice and a hearing, enter the unit and abate a violation at the owner's expense, lien the costs and attorney's fees, and for continued violations give a 10-day notice and seek a court-ordered judicial sale of the unit with the owner barred from buying it back; the Board's fine hearing decision is final (Master Deed Sec. 9.10; Rules 2021, VIOLATIONS).
Every purchaser pays an upfront assessment at closing equal to one year of the unit's insurance share (about $1,800 for a Type E at 2026 rates) and is jointly and severally liable with the seller for any unpaid assessments (Master Deed Secs. 11.1 and 6.5; 2026 Budget assessment table).
Any loss within the $200,000 named-storm or $25,000 water/all-perils deductibles, or above coverage, is a Common Expense assessable to all owners by percentage interest (about $1,125 per Type E unit per named-storm event) unless a specific owner's or guest's negligence caused it, so storms can produce assessments even though none is on record; the budget holds only a $10,000 Insurance Claims line (Master Deed Secs. 12.1 and 11.4; 2024 Minutes, 6.B and 6.C; 2026 Budget line 89700).
The deed fixes repainting every 3 years, exterior deck/wall waterproofing every 5 and roof replacement every 12 on a tower recorded in 2007, and no reserve study is in the set to test the $1.87M reserve against that schedule (Master Deed Sec. 5.7; 2024 Minutes, 6.C).
Total assessments rose only 1.0% for 2026 because the insurance pass-through fell 9.9%; base dues and regular assessment revenue rose 3.0%, so a premium rebound would stack on the dues trend (2026 Budget revenue lines 30100/30300 and assessment tables).
The HOA's $33,160 cable and $58,934 wireless internet lines (internet up $11,940, about 25%, for 2026) pay for services the Administrative Unit owner alone may provide under a perpetual exclusive easement, so owners cannot shop about $92,000 a year of their own budget (Master Deed Sec. 9.3; 2026 Budget lines 60500, 60800).
The survey exceptions disclose flood-zone locations on the building parcels and a 0.68 ft/yr erosion rate, and no flood premium is itemized in the budget, so request the insurance declarations (Master Deed Exhibit B, item 9; 2026 Budget).
Vehicles left on the property must be operable, currently tagged and moved at least monthly or be towed, and trailers, campers, boats and watercraft need consent of both the Board and the Grantor (Master Deed Secs. 9.1(m) and 4.7(B); Rules 2021, TRAILERS AND OTHER RECREATIONAL VEHICLES).

Unit type	Per month	Per year
Type A (859 sf, 0.4619%) - HO6 48.86 + insurance 123.18 + dues 792.36	$964	$11,573
Type B (693 sf, 0.3716%)	$776	$9,309
Type C (606 sf, 0.3314%)	$692	$8,302
Type D (1,505 sf, 0.8134%)	$1,698	$20,378
Type E (1,045 sf, 0.5624%)	$1,174	$14,089
Type F (1,131 sf, 0.6126%)	$1,279	$15,347
Type P penthouse (2,198 sf, 1.1950%)	$2,495	$29,939
Administrative Unit AU-1 (0.4720%, no HO6)	$935	$11,225
Administrative Unit AU-2 (0.2611%, no HO6)	$517	$6,210

Bay View Resort.

The documents behind this page.

What the documents decide
before your first guest books.

Can you rent it your way?

Will your guests be treated like guests?

How much work lands on you?

Is the money healthy?

Who's really in charge?

For the owner who runs it themselves.

Working for you

Watch-outs

What you pay, and where it goes.

Regular assessments, 2026

What the dues cover

Where the budget goes

What to put in the house manual.

What to ask the association for.

Have the documents read
for the building you are weighing.

Bay View Resort.

The documents behind this page.

What the documents decidebefore your first guest books.

Can you rent it your way?

Will your guests be treated like guests?

How much work lands on you?

Is the money healthy?

Who's really in charge?

For the owner who runs it themselves.

Working for you

Watch-outs

What you pay, and where it goes.

Regular assessments, 2026

What the dues cover

Where the budget goes

What to put in the house manual.

What to ask the association for.

Have the documents readfor the building you are weighing.

What the documents decide
before your first guest books.

Have the documents read
for the building you are weighing.