The guide's 1 tier is met on its face: the deed gives the commercial unit a perpetual monopoly on front desk, housekeeping, rental-management, key handling, food/beverage and even cable/internet services, changeable only with Grantor consent plus a unanimous owner vote; guarantees it a board seat backed by a director-removal power; lets Grantor successors veto rules affecting it; and exempts its enforcement suits from the arbitration and jury waiver that bind every owner, while the owner-elected board, one-year management contracts and open meetings do not offset a deed-level monopoly.
Commercial unitYes, with its own deed rights
On-site operatorCaribbean Resort Holdings, LLC, managed by Brittain Resorts & Hotels (per the Bulk Up-Fit packet); HOA managing agent is Ally Management, Inc.
Board3 to 7 directors (By-Laws Art. III Sec. 4); five directors elected at the first annual meeting after developer (Class II) control ended, with staggered initial terms of 3, 2 and 1 years and 2-year terms thereafter; at least one director must at all times be a commercial-unit owner, and to secure that seat the CU-1 owner may remove any sitting director and substitute a commercial-unit owner (Secs. 6(b) and 8, pp.73-74; the by-law text reads 'If at any time this is the case', an apparent drafting slip for 'is not the case', so the power is tied to the guaranteed seat rather than being an unconditional removal right); directors removable by majority vote of members; three unexcused absences or 30-day delinquency allows Board removal; officers elected annually by the Board; open board meetings; audited annual report within 120 days of year end (Secs. 7, 16, 20, pp.73-79). The Board may also approve alterations and new amenities on the common elements, including amenities whose access and cost are shared with nearby hotels or condominiums, and assess the cost to all owners as a Common Expense (Master Deed Art. XX, pp.18-19), subject to the By-Laws' member vote where amenity borrowing exceeds 5% of budget (Sec. 21, p.79).
Developer rightsThe Grantor (Caribbean Oceanfront Conversion, Inc.) reserved: the right to add up to five additional phases (Phase II up to 250 residential and 4 commercial units; later phases up to 250 residential and 100 commercial units each, max 115 commercial units) until October 2015 (Art. III, pp.5-7); Class II membership with 4 votes per unit, the right to name a majority of the Board and a 10-day veto over all Board and committee actions, all expiring no later than October 2015 (By-Laws Art. II Sec. 2 and Art. III Secs. 2-3, pp.69-72; Deed Art. XXXII, p.38); unilateral amendment to add phases until October 2020 (Art. XXIX, p.35); exemption from assessments for two months after first sale; the right to use units for sales offices and, with CU-1, four Phase I units as a front desk during Phase II construction (Art. XIV, p.15). Perpetual consent rights (running to successors and assigns) over any amendment of Grantor-reserved rights, Article XIV (commercial restriction), Article XXII (association maintenance duties) and any rule that affects the commercial unit (Arts. XIV, XV, XXII, XXIX). The time-limited rights appear expired on their face; the consent rights do not expire. The Grantor or an affiliate may be employed as managing agent (By-Laws Art. III Sec. 19(a), p.77), Grantor representatives on the Board and the Grantor as a member need not recuse themselves from votes on contracts between the Grantor and the Association (Art. XXXII, p.38), and the Grantor holds a perpetual, transferable right to grant utility, cable, wireless and telephone easements over the common elements without notice to or consent of the Association or owners (Art. VIII, p.12).
Commercial-unit rightsCommercial Unit CU-1 (statutory value 50,000, 1/196 interest) holds: the exclusive right to conduct any commercial activity in the regime, specifically including rental management, key pick-up/drop-off, front desk, concierge, housekeeping, guest laundries, restaurant, lounge, game room, health spa, telephone/cable/internet services, cell towers and food, beverage and retail sales on the pool decks (Art. XIV, pp.15-16; Art. XXXVI.B, p.39; Exhibit B, p.54); exclusive use of the on-premises maids closets, linen chute and service elevator; the 'Hskpg' janitorial rooms on each level as part of the commercial unit itself, plus further cross-hatched areas on each level and the roof cell-tower space as its limited common elements (Exhibit B, p.54); a perpetual exclusive signage and advertising easement over corridors, elevators and the building exterior; an easement to sell pool access to guests of 'Block 5 Units' for an annual fee paid to the regime; the right to alter its own non-structural components without Board consent (Art. XIX, p.19); a guaranteed board seat, enforced by a power to remove a sitting director and substitute a commercial-unit owner whenever that seat is not filled (By-Laws Art. III Secs. 6(b) and 8, pp.73-74); notice and the right to bid on all landscaping and janitorial contracts (By-Laws Sec. 19(c), p.78); the right to enforce Article XIV by suit (exempt from mandatory arbitration) and recover attorney's fees (Art. XXX.C and F, pp.36-37; Art. XL.A.2(v), p.43); and veto by Grantor consent over any rule or amendment affecting its rights. Its own obligations include paying CU-1 dues ($723/month in 2026) and the Block 5 pool fee. It also controls any movable signs on the common elements (Exhibit B, p.54); may itself provide telephone, cable television, internet, wireless broadband and in-room movie services to the regime under a non-exclusive easement, with all wiring and equipment remaining Association property subject to that easement (Art. VIII, pp.12-13), while the Association budgets $66,863 for cable TV and $106,699 for internet in 2026 with the vendor unstated; and the regime is subject to a 2005 rooftop lease with Cellco Partnership for the cell tower whose space is CU-1's limited common element (Art. I, p.2; Exhibit B, p.54), with no cell-tower income shown in the budgets.
VotesOne vote per unit weighted by percentage interest in the common elements (every Phase I unit including CU-1 holds 1/196 = 0.5102%, Exhibit C, p.63); co-owners designate one Voting Member; majority means more than 50%; quorum is 51% of the total vote in person or by proxy; proxies and unanimous written consents permitted; members holding 10% may petition for a special meeting (By-Laws Art. II, pp.68-71).
Changing the deedMaster Deed: proposed by a Board majority or members owning a majority of units, then approved by 67% of members owning a unit at a special meeting, recorded within 30 days (Art. XXIX, pp.34-35). Exceptions: changes to percentage interests or the assessment basis need all owners and their mortgagees; Grantor-reserved rights need the Grantor's written consent; commercial-unit rights need the Grantor plus all commercial unit owners; the Article XIV commercial-activity restriction needs the Grantor plus a unanimous owner vote; Article XXII needs Grantor consent; termination needs all owners and all lienholders (Art. XXVIII, p.33). By-Laws: 67% of the total votes including 67% of non-Grantor votes, with Grantor-reserved provisions needing Grantor consent (By-Laws Art. VI Sec. 6, p.83). Rules: Board alone.
Disputes or lawsuitsNo pending litigation is disclosed in the supplied documents. The Master Deed waives jury trial for all disputes (Art. XXXVIII, p.42) and imposes mandatory negotiation, mediation and final binding arbitration under the South Carolina Uniform Arbitration Act for all claims among owners, the Association and the Grantor, with claims deemed waived if not advanced within 30/15-day windows and loser-pays cost shifting against settlement offers (Art. XL, pp.42-47). Exempt from arbitration: Association collection suits, Association suits for temporary restraining orders, owner-versus-owner suits on claims independent of the deed, suits with a non-bound indispensable party, and suits by the commercial unit owner to enforce Article XIV (Art. XL.A.2, p.43). The commercial unit owner recovers attorney's fees when it prevails on Article XIV (Art. XXX.C, p.36). Grantors under the Parking and Amenity Easements hold their own liens on every unit for easement costs (Art. XXVII, pp.30-31).