The board is owner-elected, developer rights have lapsed and the deed needs a 75% vote to amend, but the lobby, front desk and restaurant form a privately owned commercial unit with unilateral alteration rights, rule-making power over its public areas and an amendment veto over Art. V, and owners have no vote on budgets or additional assessments.
StructureOne association
Commercial unitYes, with its own deed rights
On-site operatorVacation Myrtle Beach (the on-site rental management company, per its own flyers; the HOA documents do not name it). HOA management: RealManage (2023-2025 budget packages); the undated Rules and Regulations list Gold Crown Management.
BoardFive directors; at least a majority must be members (or representatives of corporate members); elected by plurality at the annual meeting held the first Saturday of May; two-year staggered terms; non-cumulative voting; directors and officers receive no fees; vacancies filled by remaining directors until the next annual meeting; removal as provided by South Carolina corporate law (By-Laws §4, pp.4-9; §6, p.10). The developer's right to designate a board majority while owning 20 or more units terminated January 1, 1985 (By-Laws §4(a), p.5). The Board may contract out management and delegate to the contractor all Association powers except those the Master Deed reserves to the Board or members (By-Laws §4(j)(vi), p.8), may acquire, lease and manage units (§4(j)(v), p.8), and adopts the budget and sets assessments without an owner vote (§7(b), p.11).
Developer rightsHistorical. Plaza Development Services reserved: board-majority designation while owning 20+ units (Master Deed Art. XXXIV, p.34; terminated January 1, 1985 by By-Laws §4(a)); an option, within five years of the 1984 filing, to add Phase II of up to 111 units (Art. VI, p.9), exercised by the July 20, 1989 Amendment adding 23 dwelling units and one commercial unit; the right to use units it owns as sales and rental offices and to assign that commercial usage right (Art. XVI, pp.13-14); the absolute right to lease, sell or license units it owns (Art. XXXIV, p.34); no disqualification from votes on management contracts in which it has an interest (Art. XXXIV); and protection of its rights and the Lender's (Bankers Trust of South Carolina) from amendment without its written consent (Art. XXXI, pp.30-32). Whether any successor still holds assigned rights is unstated.
Commercial-unit rightsThe Commercial Unit (lobby, registration desk, coffee shop, kitchen, restaurant and office toilets, laundry, offices, maids rooms, linen chutes, front corridor) is a privately owned unit, not a common element (Art. III(b), p.6). Its owner may, without any vote or consent of the Association, other owners or mortgagees, make structural or non-structural alterations, change the layout, subdivide or combine it and reapportion its common-element interest among the pieces, provided other units' percentages do not change and the exterior and structure are not affected (Art. V, p.8). Art. V cannot be added to, amended or deleted without the written consent of the Grantor or the then owner of the commercial unit (Art. V, p.8). The commercial unit owner may promulgate and enforce reasonable rules for the public areas inside it (Art. IV, p.7). Corridors not owned by the Commercial Unit are limited common elements and the Association may not restrict them so as to block access to the Commercial Unit (Art. III, p.7). The Commercial Unit may be used for rental of units, a restaurant or other resort-condominium uses, but the deed grants it no exclusive right to rent or manage residential units. In 2026 Commercial 1 holds 2.58% and Commercial 2 holds 0.62% of interests and both pay assessments.
VotesMembership and voting qualifications are in Article IV of the Articles of Incorporation (not supplied). Votes are weighted by statutory value/percentage interest; quorum is persons entitled to cast a majority (51% of the statutory value of the property) of the votes; the affirmative vote of owners of a majority of the units represented at a meeting with a quorum binds the members unless a higher vote is required; proxies are valid only for the meeting designated and must be filed with the Secretary before the meeting (By-Laws §2(b), (d), (f), pp.2-3). Special members' meetings must be called on written request of members owning a majority of the units (§3(b), p.3). Owners do not vote on the budget, assessment levels or additional assessments; those are Board decisions (By-Laws §7(b), p.11; Master Deed Art. XXIX(c), p.25).
Changing the deedMaster Deed: proposed by a majority of the Board or members owning a majority of the units, then approved at a special meeting by members owning at least 75% of the basic value of the condominium per Exhibit B; changes to percentage interests or the assessment basis require consent of all owners and their mortgagees; the Grantor's and Lender's rights need their written consent; no amendment may affect mortgage priority (Art. XXXI, pp.30-32). By-Laws: proposed by a majority of the Board or members owning a majority of statutory value, approved by members owning not less than two-thirds of total statutory value at a special joint meeting (By-Laws §9, pp.12-13). Rules: Board alone (Rules §19). Master Deed controls in any conflict with the By-Laws or Articles (By-Laws §10, p.13). Termination of the regime requires unanimous consent of all owners and all lienholders (Art. XXX, p.30). Board-made rules may not conflict with the use restrictions in the Master Deed or Articles (By-Laws §4(j)(iv), p.8; Master Deed Art. XVII, p.14 limits them to 'reasonable' rules for common elements).
Disputes or lawsuitsunstated (no minutes or legal reports supplied). No arbitration or mediation clause appears in the Master Deed, By-Laws or Rules. Remedies for owner default include damages, injunction and lien foreclosure, with the Association recovering attorney's fees if successful and the owner never entitled to fees (Art. XXXII, pp.32-33). A fined resident may ask for a hearing before the Board or its committee (Rules §20, p.5).