The Board is owner-elected and developer control lapsed in 2015, but Master Deed 5.5 gives the commercial units a deed-level monopoly on front desk, keys, rental management, restaurant and bar activity on the common elements that cannot be amended without the Grantor's consent, the 2013 amendment widened the Reception Unit's rights, the operator sits at the Board table, and the By-Laws allow a Grantor affiliate to be the managing agent.
StructureOne association
Commercial unitYes, with its own deed rights
On-site operatorBrittain Resorts and Hotels
BoardBoard of 3, 5 or 7 directors as the Board decides, elected by the members for staggered three-year terms with about one-third up each year; removal by two-thirds of Percentage Interest; directors unpaid (By-Laws 2.1, 2.3, 2.4, 2.15 pp.4-8). The Grantor appointed the initial Board and controlled elections until the later of 80% sell-out or December 31, 2015 (By-Laws 2.3 p.6; Master Deed 15.2 p.40). In November 2023 a five-member owner board sat, one seat was contested by three owner candidates and filled for a three-year term, and the annual meeting reached its 51% quorum by proxy (Minutes pp.1-4).
Developer rightsGrantor (Long Bay Resort Limited Partnership) rights to amend unilaterally, approve unit alterations, add Phase II (18-72 units), expand the Restaurant Unit and add an elevator all expired on the later of 80% sell-out or December 31, 2015 (Master Deed 1.3 p.2, 4.3 p.19, 14.2 p.39, 14.4-14.5 pp.39-40, 15.2 pp.40-41). Still live: Sections 5.4 and 5.5 cannot be amended without the Grantor's written consent (pp.21, 39), the Grantor still exists and signed its consent to the 2013 First Amendment (pp.96-98), the Grantor may still place For Sale/For Rent signs on unsold units (9.1.b p.27), and By-Laws 4.1 (pp.9-10) allow the Grantor or an affiliate to be employed as the Council's managing agent. The management company states the developer holds no right of first refusal (management company answers, July 2025).
Commercial-unit rightsThe four commercial units (Reception 0.066, Restaurant 0.0231, Snack Bar 0.004951, Vending 0.00363; together 9.77% of votes and assessments) are separately metered and pay no electricity or HO6 contributions (Master Deed 6.1.g pp.23-24; Budget 2024 p.2). Section 5.5 bars every other owner from running rental management, key pick-up/drop-off, front desk, gift shop, restaurant or bar on the General Common Elements, so those services exist only inside the commercial units; only the Reception Unit owner may use the maids' closets, trash chute and laundry chute, and the exercise room, luggage cart room, stairway #7 and the chute equipment are its Limited Common Elements (3.4 p.13; 5.5 p.21). The 2013 First Amendment added the right for the Reception Unit owner or its Assignee to hold alcohol licenses, sell food, beverages and alcohol on the General Common Elements including the pool deck and Fifth Floor rooftop, run hair braiding and spa activities on the pool deck, and regulate open containers and alcohol consumption on the Common Elements (pp.96-97). The operator managing the commercial units (Brittain Resorts and Hotels) closed the restaurants, tiki bars, coffee shop, gift shop and front desk to off-program owners and guests from January 1, 2022 (operator notice 2021), and the Board wrote the matching access limits and disclaimer into the July 2021 Rules (p.4). The operator is closely involved in Association affairs: at the November 2023 annual meeting, held in a sister resort's ballroom, the operator's Operations Director was seated at the Board table, resort staff were introduced, and rental questions were answered by a Board member together with the operator's representative (Minutes pp.1, 5).
VotesOne vote per Percentage Interest (Master Deed 7.2 p.25); quorum one-third of Percentage Interest in person or by proxy (By-Laws 1.3 p.1), although the November 2023 minutes announced that a 'quorum requirement of 51%' had been reached by proxy (Minutes p.2), a higher bar than the By-Laws state; decisions by 51% or more of the value present unless a greater vote is specified; special meetings on request of 10% (By-Laws 1.8 p.2); proxies valid for one meeting (By-Laws 1.5 p.2); joint owners designate one voter.
Changing the deedMaster Deed and exhibits including By-Laws: two-thirds of Percentage Interest, never altering a unit's dimensions or percentage without that owner's consent, and never touching Grantor-consent sections without the Grantor's advance written consent (Master Deed 14.1 p.39; By-Laws 10.1 p.18); amendments effective only when recorded (14.7 p.40). Budget amendment or change by special meeting: two-thirds (By-Laws 5.3 p.10). Special assessments: approved by a majority of Co-owners (By-Laws 5.5 p.10). Common-element improvements costing an owner more than 1% of unit value in a year: two-thirds (By-Laws 6.5 p.14). Added common elements: more than 50% (Master Deed 5.8 p.22). Rules: Board alone (By-Laws 2.2.f p.5, 7.2 p.14; Rules p.5).
Disputes or lawsuitsNo pending litigation per the management company (July 2025) and none mentioned in the November 2023 minutes. Neither the Master Deed nor the By-Laws contains an arbitration or mediation clause; disputes run through Board notice-and-hearing (By-Laws 7.5 pp.15-16), self-help or suit with fee-shifting against the owner (By-Laws 7.5.c p.16), lien foreclosure (Master Deed 6.4 p.24) and, for a continuing violation, a court-ordered judicial sale of the unit (Master Deed 9.4 pp.31-32). Member complaints in 2023 covered pool deck trespassing, pool signage, chairs and tables, mini-golf carpet, the hot tub and exterior lighting (Minutes p.4). The Savoy is a separate HOA sharing amenities under an easement with no financial transfer; many Savoy owners rent through Long Bay (Minutes p.4).