Commercial Unit CU-1 holds perpetual deed-protected rights (lobby and front desk, advertising easement, management-services easement, conditional phone/cable plant) changeable only with the Grantor's written consent and enforceable in court outside the arbitration clause; the Grantor's board-majority, four-votes-per-unit and veto rights had to end by August 1, 2026 under the By-Laws but no termination instrument or owner-elected five-member board is documented; a Grantor right of first refusal burdens arm's-length resales; and all other disputes go to mandatory arbitration with jury trial waived.
StructureOne association
Commercial unitYes, with its own deed rights
BoardThree to five directors (By-Laws Art. III Sec. 4). During Class II (developer) control all directors are selected by the Grantor and need not be owners; owners elect one at-large director after one year and ninety days. At the first annual meeting after Class II control ends, owners elect five directors (two for 3 years, two for 2 years, one for 1 year), then 3-year staggered terms; removal with or without cause by majority vote; at least four board meetings a year, open to owners; officers elected annually by the board (By-Laws Art. III Secs. 2, 6-7, 10, 16, Art. IV, pp.69-78). The 2024 year-end mailing listed a three-person board (President, Vice President, Secretary/Treasurer), consistent with the developer-control configuration. Board may employ a managing agent; the Grantor or an affiliate may be the manager; management contracts limited to one year and 90-day no-penalty termination (Art. III Sec. 19, p.75). The Association is not bound by any contract or lease signed during Class II control unless either party can terminate it without penalty on not more than 90 days' notice, and joint management or operating agreements with other associations need two-thirds of all directors (By-Laws Art. III Sec. 22, p.76).
Developer rightsDTW III, Inc. (Grantor) reserved: the right to add phases up to 418 residential units and more commercial units until August 1, 2026 (Art. IV, p.10; Art. XXX, p.34); sole Class II membership with four votes per unit owned (By-Laws Art. II Sec. 1, p.66), a veto over all Board and committee actions while Class II exists (By-Laws Art. III Sec. 3, pp.69-70), and the right to designate and remove a majority of directors until no later than August 1, 2026 (Art. XXXIII, p.36); Grantor representatives need not recuse on management contracts between Grantor and the Association (p.36); express written consent required to amend Grantor rights, Commercial Unit rights, the Art. XV commercial restriction (plus unanimous owner vote), Art. XXIII maintenance obligations, and the Art. XXXVII right of first refusal, and to approve any amendment while phase rights exist (pp.17, 22, 33-34, 38); a 10-day right of first refusal on arm's-length resales of residential units with a $50 certificate, exempting Commercial Units, foreclosure/judicial sales, mortgagee transfers, co-tenant, will/intestacy/trust and first-degree family transfers, and conclusively waived by silence for 10 days or by 90 days passing after a non-compliant recorded transfer without suit (Art. XXXVII, pp.37-38); utility, telephone-switchboard and cable/internet easements benefiting CU-1 (Art. IX, pp.14-15); the right to grant other Firebird and Surf & Dunes PUD properties easements over the resort's amenities and to charge owners for use of other properties' amenities (Art. IV, pp.11-12); Board rules cannot bind the Grantor or Commercial Units without Grantor consent (Art. XVI, p.18). These rights are assignable (including to Carolina First Bank). As of October 2026 the phase, director-designation and Class II rights have reached their August 1, 2026 outside date, but the documents do not show when or whether control actually transferred; the consent rights and right of first refusal carry no stated sunset.
Commercial-unit rightsThree Commercial Units pay 2.14424%, 0.575422% and 0.486503% of assessments and may be used for any legal commercial purpose including general rentals and management (Art. I.B, p.7; Art. XV, p.17). CU-1 owns the lobby, check-in area, adjacent offices, break room, upstairs office, game room and pool-area vending areas, and holds as Limited Common Elements the laundry room, maids' closets and laundry chutes on every level, the seventh-level meeting room, vending areas, a perpetual exclusive advertising easement over corridors, elevators, building exterior and parking garage, a rooftop antenna/satellite easement, any additional telephone system/switchboard the Grantor installs and, if the Grantor owns and provides the service, the cable/internet wiring inside units (the existing switchboard is a Common Element) (Exhibit B pp.51-53; Art. IX pp.14-15). CU-1 may use all Common Elements to deliver room service, laundry, maid and general condominium management services (Art. VIII, p.14), may alter its non-structural components without Board consent (Art. XX, p.19), is exempt from the right of first refusal (Art. XXXVII, p.38) and may sue in court rather than arbitrate to enforce Art. XV (Art. XXXIX.A.2(v), p.40). CU-2 and CU-3 are ground-floor retail spaces with ingress/egress easements (Exhibit B pp.53-54). No document gives the commercial units a monopoly on renting residential units.
VotesClass I members: one vote per unit, co-owners designate one Voting Member; Class II (Grantor): four votes per unit owned until Class II terminates (no later than August 1, 2026). Majority means 51% of the total; quorum is 51% of the total vote; proxies allowed; owners holding 10% of votes may petition for a special meeting; action by unanimous written consent permitted (By-Laws Art. II, pp.66-68). Assessments are apportioned by Exhibit C percentage interest, not per unit (Master Deed Art. XXVIII.A, pp.27-28).
Changing the deedMaster Deed: proposed by a majority of directors or owners of a majority of units, then approved at a special meeting by owners holding at least two-thirds of the undivided interest in the Common Elements; changes to percentage interests or the assessment basis need all owners and all mortgagees; Grantor and Commercial Unit rights need the Grantor's express written consent; mortgagee rights need all mortgagees (Art. XXX, pp.32-34). Termination requires unanimous consent of all owners and all lienholders (Art. XXIX, p.32). By-Laws: two-thirds of the total votes, effective on recording (By-Laws Art. VI Sec. 6, p.80). The Grantor may also record corrections of typographical or scrivener's errors and changes required by an institutional lender without any owner or mortgagee vote, provided percentage interests are not adversely affected (Art. XXX, p.34).
Disputes or lawsuitsEvery owner waives trial by jury for any dispute related to the Master Deed or unit ownership (Art. XXXVIII, pp.38-39). Art. XXXIX imposes mandatory notice, negotiation, mediation and then final binding arbitration (Uniform Arbitration Act) on all claims among the Grantor, Association, owners and contractors, with short deadlines (30 days to mediate after negotiation fails, 15 days to arbitrate after mediation) after which a claim is deemed waived or abandoned, loser-pays cost shifting against the settlement demand/offer, no stenographic record and no post-hearing briefs (pp.39-44). Exempt: Association collection suits, owner-vs-owner suits not involving the Grantor or Association, TRO applications, and suits by a Commercial Unit owner to enforce Art. XV (p.40). No pending or past litigation is disclosed in the set (no minutes supplied). Exhibit B also disclaims all implied warranties and extends no construction warranty to any purchaser after the original buyers (Exhibit B, p.54).