Kingston Plantation HOA Risk Assessment: Workable with rules

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?

Favorable

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.

STR allowed with no minimum stay, no on-site program and any manager, but owner must register a rental agent, file long-term leases and lessee names with the POA and KPMA, cannot post rental signs, and the Board can change leasing rules on 30 days' notice.

Short-term rentalsAllowed

Must use on-site programNo

Owner may rent it personallyYes

Off-site manager allowedYes

Owner-use limitsNone stated. No minimum stay, no cap on rental nights or owner nights, and no rental program. Units must be used for residential purposes only and no trade or business may be run from a unit, but the Rules expressly state that leasing a unit for residential purposes is not a 'business' (2020 Deed 5.1(a); Rules Art. II Sec. 1). KPMA prohibits any time-share ownership, lease or sale (KPMA Decl. 3.14).

RegistrationThree layers. (1) POA/Master Deed: every lease must be in writing and must state it is subject to the Master Deed and Bylaws; for any lease of three months or longer the owner must give the Board a copy of the lease and the names of the lessee and all occupants within seven days, and must make the Master Deed, Bylaws and Rules available to the lessee (2020 Deed 5.1(f)). (2) Rules: copies of all long-term leases (3+ consecutive months) must be deposited with the Association through Management, and owners must give Management the name and contact information of their rental agent and are responsible for the rental company's compliance and for timely notice of unit damage (Rules Art. V(a), (d)). Rules should be posted in the unit in a prominent place (Rules Art. VII(d)). (3) KPMA: an owner who leases a unit must promptly furnish KPMA, in writing, the name and address of the lessee (KPMA Decl. 9.10). Pet registration applies only to owners' pets; tenants and guests may not have pets at all.

Advertising rulesNo signs, flags or advertising devices of any kind may be displayed for public view on or from a unit or the common elements without Board consent, and the Rules ban all 'for rent' and 'for sale' signs visible from the exterior (2020 Deed 5.1(h); Rules Art. II Sec. 16). KPMA bans signs or advertising posters in windows or on exteriors without Architectural Standards Committee permission (KPMA Decl. 8.8). Owners may use the words 'Cumberland Terrace Property Owners Association, Inc.' in promotional matter solely to say a property is located within the Property; any other use of the logo or name needs Board consent (Bylaws 11.01). No rule restricts online listings, photos or the resort name as such.

Disclaimer in your listingNot required

Vote to change rental rulesThe Board alone may adopt, amend or repeal Rules (including the leasing procedures in Rules Art. V) on 30 days' written notice to owners; Rules may not modify the Master Deed (2020 Deed 5.2(a); Rules Preamble and Art. IX Sec. 1). Leasing provisions in the Master Deed itself (5.1(f)) can be changed only by owners casting at least two-thirds of the total eligible votes (2020 Deed Art. XIV). Bylaws amend at 51% of eligible votes (Bylaws Art. X). KPMA covenants amend by two-thirds of KPMA member votes (sub-associations and Declarant), with Declarant able to amend unilaterally for lender/title/regulatory conformity (KPMA Decl. 9.1-9.2).

What the documents say (9)

“(f) Leasing. All Units are subject to such restrictions on leasing as set forth in this Master Deed and the Rules. Units may be rented, leased or subleased only in such manner as shall permit the independent use thereof. Any lease agreements shall provide that the terms and conditions of the same shall be subject in all respects to the provisions of the Master Deed and the Bylaws and that any failure by the lessee to comply with the terms of such documents shall constitute a default under the lease. All leases shall be in writing. Within seven days after execution of any lease agreement for the lease of a Unit for a term equal to or greater than three months, the Unit Owner shall provide the Board with a copy of the lease and the name of the lessee and all other people occupying the Unit. The Unit Owner must make available to the lessee copies of the Master Deed, the Bylaws, and the Rules.”Amended and Restated Master Deed 2020, Article V, Section 5.1(f), page 20 (PDF p. 29)

“Leasing a UNIT for residential purposes shall not be considered a "business" within the meaning of this Section 1.”Cumberland Terrace Rules and Regulations (2018, Exhibit E to 2020 deed), Article II, Section 1, Rules page 3

“Section 9. "Leasing" or "Renting" shall refer to the regular, exclusive occupancy of a UNIT by a person other than the OWNER, for which the OWNER receives any consideration or benefit, including, but not limited to, a fee, service, gratuity, or emolument.”Cumberland Terrace Rules and Regulations (2018), Article I, Section 9, Rules page 2

“Section 11. "Long-Term Lease" means a lease agreement for three (3) or more consecutive months.”Cumberland Terrace Rules and Regulations (2018), Article I, Section 11, Rules page 2

“a. Copies of all LONG-TERM leases shall be deposited with the ASSOCIATION through MANAGEMENT. b. Tenants shall abide by the ASSOCIATION'S MASTER DEED, BYLAWS, AND RULES AND REGULATIONS and failure to do so may result in fines arising from violations of the documents. OWNERS are ultimately responsible for such fines assessed as a result of the actions of the tenant. ... d. OWNERS must provide MANAGEMENT the name and contact information for their rental agent. OWNERS shall be responsible for rental companies' compliance with the ASSOCIATION RULES AND REGULATIONS and for timely notification of damage to a Unit (i.e., a water leak, etc.)”Cumberland Terrace Rules and Regulations (2018), Article V Leasing, Rules page 6

“9.10 Notice of Sale, Lease or Mortgage. In the event an Owner sells, leases, mortgages, or otherwise disposes of any Unit, the Owner must promptly furnish to the Association, in writing, the name and address of such purchaser, lessee, Mortgagee, or transferee.”Amended and Restated Declaration of Covenants for Kingston Plantation (2016), Article IX, Section 9.10, page 29

“Section 16. Signs. No signs whatsoever (including, but not limited to, "for sale" signs and "for rent" signs) shall be installed or maintained on the BUILDING, in the COMMON AREAS or any portion of a UNIT or other structure visible from the exterior, except: a. Such signs as may be required by legal proceedings and for display of all building permits; b. Directional signs for vehicular or pedestrian safety in accordance with the plans and specifications approved by ASSOCIATION, Such other signs as the ASSOCIATION may deem appropriate.”Cumberland Terrace Rules and Regulations (2018), Article II, Section 16, Rules pages 4-5

“A Rules change adopted under this Section 5.2(a) shall take effect 30 days after the date on which written notice of the Rules change is given to all Owners.”Amended and Restated Master Deed 2020, Section 5.2(a), page 21

“3.14 Prohibition of Time Shares. There shall be no time share ownership, lease, or sales of any portion of the Property, or any part thereof or interest therein, nor shall any person acquiring any interest in the Property, or any part thereof, seek to establish such time share ownership of any Property.”Amended and Restated Declaration of Covenants for Kingston Plantation (2016), Article III, Section 3.14, page 10

Will your guests be treated like guests?

Typical

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.

Tenants and transient guests get the same pool and Kingston Plantation common areas as owners with no disclaimer, but there is no front desk; the owner handles pool cards, keys and KPMA decals, and guests may not bring pets, motorcycles, boats or RVs.

Amenities for your guestsSame as program guests

Wristbands & parking passesNo wristbands. Pool access is by pool card (budget shows 'Pool Cards $500' revenue; fee per card unstated). KPMA parking decals are referenced ('KPMA Parking Decal' expired more than three months makes a vehicle abandoned), issued through the KPMA office; decal cost and guest-pass procedure are unstated. KPMA rules ban boats, personal watercraft, motorcycles, slingshots and mopeds from Kingston Plantation at any time; trailers may use a KPMA lot at $25 per day up to 7 days, motorhomes/campers 24 hours at $25 and may not be occupied; bike-rally trailers are banned. Golf carts need an annual KPMA owner decal (one per unit, owners in good standing, insurance on file) and must park in secondary spaces; Cumberland Terrace charges electric golf cart fees (budget line 'Electric Golf Carts Fees $2,000'). Parking within the common elements is limited to roadworthy vehicles (2020 Deed 5.1(k); KPMA Rules Sections 1-4 and Golf Carts 1-2).

Check-inowner handles (no front desk, rental desk or on-site operator appears in any document; the budget funds only an off-site management company)

TrashBagged household trash goes in dumpsters on the property; nothing may be left on balconies, decks, patios or around the trash enclosure; furniture, appliances, mattresses, electronics and construction debris must be hauled off-site (2020 Deed 5.1(d); Rules Art. II Sec. 13). Trash removal is a common expense ($19,000 in the 2026 budget).

Elevatorsunstated (none mentioned; three-story walk-up buildings with exterior entry stairs are implied by the Limited Common Element list, which includes 'entry stairs')

What the documents say (9)

“The amenities at Cumberland Terrace are for the exclusive use and enjoyment for OWNERS, guests and tenants. Misbehavior or violation of the RULES and REGULATIONS may result in loss of privileges of the recreational amenities.”Cumberland Terrace Rules and Regulations (2018), Article VI Recreational Amenities, Rules page 7

“(b) Use of Common Elements. Each Owner and Occupant shall have a right and easement of use and enjoyment in and to the Common Elements (including the right of access, ingress, and egress to and from the Unit over those portions of the Property designated for such purpose)”Amended and Restated Master Deed 2020, Section 2.4(b), page 8

“"Occupant" shall mean and refer to any person, including, without limitation, any Owner or guest, invitee, licensee, lessee, tenant, transient paying guest or family member of an Owner, lawfully occupying or otherwise using a Unit within the Development.”Amended and Restated Declaration of Covenants for Kingston Plantation (2016), Section 1.1.17, page 5

“3.2 Owner's Right to Enjoyment. Every Owner shall have the non-exclusive right, privilege and easement to the use and enjoyment of the Common Areas and such easement shall be appurtenant to and shall pass with the title to every Unit subject to the terms and conditions of this Declaration, the Bylaws of the Association, and rules and regulations adopted by the Board of Directors pursuant to said Bylaws.”Amended and Restated Declaration of Covenants for Kingston Plantation (2016), Section 3.2, page 8

“Boats, personal watercraft, motorcycles, slingshots and mopeds may NOT be parked in Kingston Plantation at any time.”KPMA Amended and Restated Rules and Regulations (Exhibit A), Section 2, page 1

“Homeowners and guests arriving with a trailer may rent a parking space in the designated KPMA parking area; not to exceed seven (7) days. The rental rate shall be twenty-five ($25) dollars per day, per space.”KPMA Amended and Restated Rules and Regulations (Exhibit A), Section 1, page 1

“At no time and under no circumstances will renters or guests be allowed to maintain or harbor pets in any Unit or within any Common Elements.”Amended and Restated Master Deed 2020, Section 5.1(i), page 20

“Pool Cards $ 500”Cumberland Terrace HOA 2026 FINAL Operating Budget, Revenues, page 1

“Only KPMA Security Committee approved golf cart vendors may conduct rental business on Kingston Plantation and all rented golf carts must have a valid Vendor decal. d. Golf Carts with Owner Decals may not be rented on Kingston Plantation.”KPMA Amended and Restated Rules and Regulations (Exhibit A), Golf Carts, Section 1(c)-(d), page 3

How much work lands on you?

Typical

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.

Normal hosting plus a registered rental agent, posting rules in the unit, Association lock access, biennial dryer-vent/chimney proof, contractor licence and insurance filings and owner upkeep of doors, windows, water heater and decks; no response-time, trash-hauling or service-elevator rules.

Local contactOwners who rent must give Management the name and contact information of their rental agent and are responsible for the rental company's compliance and for timely notice of damage such as water leaks (Rules Art. V(d)). No requirement that the contact be local or an individual; a self-managing owner could presumably name themselves, but the documents do not say.

Response timeunstated (no response-time rule)

Locks & keysOwner handles all keys. The Board or its agent may retain a passkey or lock combination; no owner or tenant may alter or install locks without providing the Association access, and the Association has an irrevocable right of access for maintenance, emergencies and pest control (Rules Art. II Sec. 18; 2020 Deed 5.6). Keyless/smart locks are not addressed.

FinesFine Policy (Rules Exhibit A): fines start at $50; general violations up to $100 per day or per occurrence; pet violations $50 per occurrence; health and safety violations (fireworks, throwing items from balconies, trash accumulation, glass at pool, flood/fire threat) up to $500 per occurrence. All violations are the final responsibility of the owner; owners pay fines caused by tenants and guests and all enforcement costs including attorneys' fees; the Association may also suspend amenity use and voting (Rules Art. V(b), Art. VIII; 2020 Deed 15.2, 4.3(d)(iv)). Hearing: 14 days to request one after written notice (Bylaws Art. IX; Fine Policy says not less than 10 days). KPMA may separately fine and revoke decals (KPMA Rules header; KPMA Decl. 9.3).

Contractors & vendorsBefore any contractor works inside a unit the owner must give the Association proof of the contractor's license plus certificates of liability and workers' compensation insurance; contractors must wear ID, display a parking permit, remove debris by 6 p.m. daily; work hours 8 a.m.-5 p.m. Monday-Saturday, none on Sunday; owners may not hire anyone to inspect or repair common elements such as roofs and stairs (Rules Art. IV). Any exterior change (screen doors, storm doors, windows, colors) needs written approval of the Board and of KPMA's Architectural Standards Committee (2020 Deed 7.1-7.2; Rules Art. III; KPMA Decl. 8.3). Hard-surface flooring in a unit above another unit needs Board approval it is not obliged to grant (2020 Deed 7.2(b)).

AlsoOwner must maintain and replace everything serving only the unit, including exterior doors, sliding glass doors, windows, screens, skylights, vents, the water heater and dryer vent, and must sweep and clean assigned decks, stairs, patios and storage areas (2020 Deed 6.2; Rules Art. II Secs. 6-7). Dryer vent and chimney cleaning every two years with proof to Management; water heater replacement at end of useful life (Rules Art. II Sec. 7). Owner must carry insurance for in-unit improvements, contents and consequential damage to other units naming the Association as additional insured, produce a certificate within 10 days of request, and may be charged the master deductible after a hearing if negligent (2020 Deed 8.6, 9.1). Rules should be posted in the unit and tenants told they are subject to fines (Rules Art. VII(d)). Working capital contribution at closing up to two months' assessments (2020 Deed 4.13). Disputes with the Association or other owners must go through notice, negotiation and AAA mediation before suit, each side paying its own fees (2020 Deed Art. XVI).

What the documents say (8)

“No OWNER nor tenant shall alter any lock or install new locks on any door without providing the ASSOCIATION access to their unit.”Cumberland Terrace Rules and Regulations (2018), Article II, Section 18, Rules page 5

“OWNERS may be subject to fines starting at $50.00, unless otherwise noted and/ or legal action. ... (1) GENERAL VIOLATIONS: Subject to fines, not to exceed $100.00 per day or per occurrence (up to the maximum allowed by law). (2) PET VIOLATIONS: Subject to a $50.00 fine per occurrence. ... (3) HEALTH AND SAFETY VIOLATIONS: Subject to fines, not to exceed $500.00 per occurrence”Cumberland Terrace Rules and Regulations (2018), Exhibit A Fine Policy (as recorded in Exhibit E to the 2020 deed), Rules page 9 (2020 deed PDF p. 72)

“A VIOLATION OF THESE RULES SHALL CONSTITUTE A DEFAULT. IN ADDITION TO ALL OTHER REMEDIES THE ASSOCIATION MAY SUSPEND THE OWNERS'S RIGHT TO USE AMENITIES AND FINE THE OWNER. OWNERS shall be liable and responsible to the ASSOCIATION for all costs of enforcement, including reasonable attorneys' fees.”Cumberland Terrace Rules and Regulations (2018), Article VIII Default and Enforcement, Rules page 8

“d. An OWNER renting his or her UNIT is responsible for the actions of their Tenants. OWNERS should notify Tenants in advance of occupancy that the RULES apply to Tenants and that Tenants are subject to fines by the ASSOCIATION or MANAGEMENT if Tenants violate any RULES OR REGULATIONS. RULES should be posted in the UNIT in a prominent place.”Cumberland Terrace Rules and Regulations (2018), Article VII(d), Rules page 8

“Section 1. Owner Duties. No repairs, renovations or construction work shall be performed inside a UNIT by contractors, subcontractors or similar companies unless OWNER furnishes the ASSOCIATION with proof of a valid contractor or specialty license required for the work together with a certificate of liability and worker's compensation insurance.”Cumberland Terrace Rules and Regulations (2018), Article IV, Section 1, Rules page 6

“Owners shall be responsible for dryer vent and chimney cleaning every two years and proof of both shall be provided to MANAGEMENT. The Association requires replacement of hot water heaters at the end of its useful life.”Cumberland Terrace Rules and Regulations (2018), Article II, Section 7, Rules page 3

“In addition, to the extent not insured by policies maintained by the Association, or to the extent insurable losses result in the payment of deductibles under the Association's policies, every Owner shall obtain and maintain at all times insurance covering consequential damages to any other Unit or the Common Elements due to occurrences originating within the Owner's Unit caused by the negligence of the Owner, the failure of the Owner to maintain the Unit, or any other casualty within the Unit which causes damage to a Unit or the Common Elements. Such insurance policy or policies shall name the Association as an additional insured.”Amended and Restated Master Deed 2020, Section 8.6, page 30

“(b) routine cleaning, maintaining, repairing and replacing as necessary all portions of any Limited Common Element doors, sliding glass doors, screen doors, storm doors, windows, skylights, vents and attic fans (including door thresholds, door and window frames and exterior trim), glass panes, and other exterior glass surfaces serving the Unit;”Amended and Restated Master Deed 2020, Section 6.2(b), page 24

Is the money healthy?

Caution

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.

Dues are flat and inclusions are strong, but reserves are only ~7.4% of the total budget (13.2% of operating expenses; the deed's floor is 10% of the 'total annual budget'), a painting special assessment runs through 2028, insurance is ~37% of budget (flat year over year) with undisclosed deductibles, and 27.4% is a KPMA pass-through owners cannot vote on.

2026 budget$611,440

Dues change+0.1% on the year

Reserves7% of budget

Special assessments2025 $47,520 per year ($55 per unit per month), shown as running 2025-2028 (column header 'Change 2025-2028'; 2024 column blank) Exterior painting ('SPECIAL ASSESSMENT PAINTING - MONTHLY PAYMENT' / 'Painting Special Assessment'). Under 2020 Deed 4.6 the Board alone may levy up to 10% of the prior year's budget; this one (~7.8% of $611,582) would fit inside the Board-only limit, but the approving resolution and total project cost are not in the set.

InsuranceThe 2026 budget carries a separate block of $226,167 in both 2025 and 2026 ($262 per unit per month; $266 in 2024) and a separate $5,000 'Insurance Claims' operating line. The extraction detached the row labels, but $226,167 = insurance and $45,000 = general reserve is confirmed by arithmetic: $340,273 operating + $45,000 + $226,167 = $611,440 total income exactly, and $226,167 / 72 / 12 = $262 matches the printed per-unit insurance column (the reverse mapping would give $52, not $262). The premium is flat 2025-2026 ($226,167 both years; $262 per unit per month vs $266 in 2024), so there is no insurance jump in this budget. Deed requirements: master 'all risk' policy at full replacement cost on all buildings and units as originally built (owner betterments excluded), $1,000,000 general liability, D&O and fidelity if reasonably available; deductibles are paid by whoever would bear the loss absent insurance, can be assessed to a negligent owner after a hearing, and any proceeds shortfall is assessed to all units by percentage interest (2020 Deed 8.2, 9.1, 9.4). Owners are 'encouraged' to buy a loss-assessment endorsement (8.6). Carrier, named-storm/wind and all-other-perils deductibles and flood coverage are not in the set.

Floodunstated (1989 deed exhibits carry FEMA elevation certificates for Buildings 1 and 2 reading 'ZONE X'; nothing current)

Passes through to a master association27% of the budget

DelinquencyAnnual assessment payable in 12 monthly installments due the 1st; $25 late charge after 10 days plus 18% per annum interest; after 30 days delinquency notice and the Board may accelerate the whole year's installments; after 60 days voting and common-element use may be suspended (not ingress/egress); payments applied first to attorneys' fees and costs, then interest, late fees, then the assessment; continuing lien on the unit and on rents, enforceable by judicial foreclosure with a receiver for rents, subordinate only to taxes and prior recorded mortgages; purchaser jointly and severally liable with seller for unpaid assessments; estoppel statement fee up to $100 (2020 Deed 4.5, 4.7, 4.9-4.12). KPMA assessments are billed to the POA quarterly and the POA owes them in full whether or not it collects from owners, so other owners' KPMA delinquencies land on the POA budget; KPMA has its own $25-per-month late charge, lien and foreclosure right, superior to the POA's lien (KPMA Decl. 5.1.3, 5.3, 5.10, 5.11). Budget shows 'Late/NSF Fees' revenue of only $100, suggesting low delinquency.

What the documents say (11)

“Regular Assessments $ 608,982 $ 608,840 $ (142) ... TOTAL INCOME $ 611,582 $ 611,440 $ (142)”Cumberland Terrace HOA 2026 FINAL Operating Budget, Revenues, page 1 (2025 Budget / 2026 Budget / Change)

“KPMA - Assessments + Cable TV/WiFi $ 163,473 $ 167,523 $ 4,050”Cumberland Terrace HOA 2026 FINAL Operating Budget, Expenses, page 1

“TOTAL OPERATING EXPENSES $ 350,415 $ 340,273 $ (10,142) $ 394 406$ 375$”Cumberland Terrace HOA 2026 FINAL Operating Budget, page 1 (last three figures are 2026/2025/2024 per-unit monthly payment columns)

“$ 35,000 $ 45,000 $ 10,000 $ 53 41$ 53$ ... $ 226,167 $ 226,167 $ - $ 262 262$ 2 66$ ... 709$ 7 08$ 694$ ... $ 47,520 $ 47,520 $ - $ 55 55$ - $ ... 764$ 763 $ 694 $ ... SPECIAL ASSESSMENT PAINTING - MONTHLY PAYMENT Painting Special Assessment General Reserve Funding GENERAL RESERVE - MONTHLY PAYMENT INSURANCE BUDGET - MONTHLY PAYMENT Insurance Details”Cumberland Terrace HOA 2026 FINAL Operating Budget, lower blocks, page 1 (labels detached by extraction)

“The Board shall establish an amount to be contributed on an annual basis to reserve funds to permit meeting the projected capital needs of the Association over the period of the budget; provided, the annual reserve contribution shall be in amount that is not less than 10% of the total annual budget.”Amended and Restated Master Deed 2020, Section 4.4(b), page 14

“If the Assofiation incurs or expects to incur unbudgeted Common Expenses or the Annual Assessment otherwise proves inadequate for any year, the Board may levy, at any time and from time to time, upon affirmative vote of a majority of the total directors on the Board, a Special Assessment in an amount not to exceed 10% of the prior year's budget. Special Assessments for amounts in excess of 10% of the prior year's budget may be levied by the Board, at any time and from time to time, upon the affirmative vote of Owners casting at least a majority of the total eligible votes in the Association.”Amended and Restated Master Deed 2020, Section 4.6, page 14

“If any amount due to the Association is not paid in full within 10 days after the due date, a late charge equal to $25.00 may be imposed without further notice or warning to the delinquent Owner, and interest at the rate of 18% per annum shall accrue from the due date until paid.”Amended and Restated Master Deed 2020, Section 4.7(a), page 15

“Each Owner, by acceptance of title to a Unit, acknowledges that he or she is subject to assessment by the Master Association, which shall be collected by the Association in conjunction with the Association's assessments as provided in Article IV.”Amended and Restated Master Deed 2020, Section 3.2, page 10

“Without limiting the types or purposes of other special assessments, the Association may levy in any year, a special assessment for the purpose of defraying in whole or in part, the cost, which shall be the amount of the deductible under any insurance policy in the event of an insured loss, of any taxes or construction or reconstruction unexpected repair or replacement of a described capital improvement upon the Common Areas, including the necessary fixtures and personal property related thereto, provided that any such assessment other than that attributable to taxes, shall have the assent of a majority of the votes of the Board of Directors which are entitled to be cast. 5.8 Uniform Rate of Assessment. Both annual and special assessments shall be charged in equal amounts to all Units.”Amended and Restated Declaration of Covenants for Kingston Plantation (2016), Sections 5.7-5.8, page 16

“Collection of all portions of the Assessments from Owners in the Subordinate Association shall not be a precondition of payment by the Subordinate Association of the Assessments or an excuse for non-payment of those Assessments.”Amended and Restated Declaration of Covenants for Kingston Plantation (2016), Section 5.3, page 15

“At the time of closing of the sale or transfer of each Unit, a contribution shall be made by or on behalf of the purchaser to the Association's working capital fund in an amount determined by the Board of Directors, in its sole discretion, not to exceed an amount equal to one-sixth of the Annual Assessment (two months' installments) levied on the Unit for the fiscal year in which such closing occurs.”Amended and Restated Master Deed 2020, Section 4.13, page 18

Who's really in charge?

Typical

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.

Owner-elected five-member board, equal votes, two-thirds deed amendment and no commercial unit, but the POA is subordinate to a master association in which owners have no vote, whose board the Declarant appoints while holding a Controlling Interest, and whose board alone can special-assess every unit equally.

StructureTwo tiers: a master association above this one

Master associationKingston Plantation Master Association

Commercial unitNone

BoardFive directors, all must be owners (one per unit, no relatives serving together), elected by plurality written ballot at an annual meeting held on a Saturday in April-June, two-year terms, unlimited consecutive terms; removal with or without cause by 51% of total eligible votes; officers chosen by the Board from among directors; Board meets at least quarterly; no director compensation (Bylaws 3.02, 4.01-4.05, 5.02, 8.01). Board may hire a managing agent but may not delegate policy-making (Bylaws 8.02).

Developer rightsCumberland Terrace Declarant (Rank Development, Inc.) no longer owns any unit and its consent rights are gone; the 2020 deed removed all Declarant provisions (2020 Deed recitals; 1989 Deed Art. IX and XII are superseded). KPMA Declarant (FelCor Myrtle Kingston Hotel, L.L.C. per the 2016 declaration; Kingston Resort Owner LLC per the KPMA rules) appoints the entire KPMA board for as long as it owns a 'Controlling Interest' (10% or more of the land area), is exempt from KPMA architectural and use rules and the KPMA rules and regulations, may build anything anywhere on the Property, may amend the KPMA declaration unilaterally for lender/title/regulatory purposes, and the declaration cannot be terminated without its consent while it holds a Controlling Interest (KPMA Decl. 1.1.9, 2.2-2.3, 3.4, 4.2.2, 8.2, 9.2, 9.4; KPMA Rules header).

Commercial-unit rightsNo commercial unit or rental-desk monopoly exists in the 2020 deed. Kingston Plantation is a mixed-use resort; the KPMA declaration states that neither the Declarant, KPMA nor any sub-association may adopt any regulation that 'prohibits limits or obstructs public access to the Common Areas or the commercial Parcels within the Development or any parking within the Development', and the Declarant may run amenities as a club with membership fees before transferring them to KPMA (KPMA Decl. 2.3). KPMA may lease or grant concessions on portions of the Property (4.4).

VotesOne vote per unit, 72 votes total, majority of votes cast decides unless otherwise specified; quorum 51% of eligible votes; proxies allowed (11-month life); mail, electronic and ballot voting permitted; written consent without a meeting needs 80%; special meetings on request of 10% of votes; suspended votes are not counted toward eligible votes (2020 Deed 3.4, Exhibit D; Bylaws 3.03, 3.10-3.14). Owners have NO vote in KPMA: the POA is the only member and casts the vote for Cumberland Terrace (2020 Deed 3.2; KPMA Decl. 4.1).

Changing the deedMaster Deed: owners casting at least two-thirds of total eligible votes, recorded to be effective; no change to a unit's dimensions or percentage without that owner's consent; Article XI (mortgagee rights) needs all mortgagees (2020 Deed Art. XIV, 11.8). Bylaws: 51% of eligible votes (Bylaws Art. X). Rules: Board alone, 30 days' notice (2020 Deed 5.2(a)). Additions of common element facilities, discontinuing a facility, or major structural alteration of common elements: 51% (2020 Deed 2.4(a), 2.4(c), 7.1). Borrowing over $25,000 or for improvements beyond original standard: 51% (Bylaws 8.06). Termination or sale for obsolescence: all owners and all mortgagees (2020 Deed 10.1, 13.1). KPMA declaration: two-thirds of KPMA member votes plus affected owner/mortgagee consent for materially adverse changes (KPMA Decl. 9.1).

Disputes or lawsuitsNo lawsuit, claim or dispute is mentioned in any document. The 2026 budget carries $4,500 for legal and professional services and $5,000 for 'Insurance Claims' (both flat year over year). The 2020 deed adds a mandatory dispute-resolution article: non-exempt claims between owners and the Association must go through written notice, negotiation and AAA mediation before suit, each party bearing its own fees; collection suits, injunctions and owner-vs-owner claims over $5,000 are exempt (2020 Deed Art. XVI).

What the documents say (9)

“The Board shall consist of five Directors. At each annual meeting, the Members shall elect that number of Directors required to fill the number of vacancies created by the expiring terms of Directors. Directors shall hold office for a term of two years or until their respective successors have been elected.”Amended and Restated Bylaws 2020 (Exhibit F to 2020 deed), Section 4.02, Bylaws page 7

“This Master Deed may be amended from time to time by the affirmative vote or written consent of Owners casting at least two-thirds of the total eligible votes in the Association and such approval as may be required under Article XI”Amended and Restated Master Deed 2020, Article XIV, page 39

“The Association (and not the individual Owners) is a member of the Master Association and shall be entitled to vote on Master Association matters as provided in the Master Declaration and the Master Association's Bylaws.”Amended and Restated Master Deed 2020, Section 3.2, page 10

“41 Members of the Association, No Owner shall be a Member of the Association. The Members of the Association shall be (i) each Subordinate Association and (ii) the Declarant for so long as the Declarant owns a Controlling Interest.”Amended and Restated Declaration of Covenants for Kingston Plantation (2016), Section 4.1, page 10

“4.2.2. Prior to loss of Controlling Interest by Declarant. For so long as Declarant owns a Controlling Interest, the Declarant has the right to appoint all of the Board Directors as provided by the Bylaws of the Association.”Amended and Restated Declaration of Covenants for Kingston Plantation (2016), Section 4.2.2, page 11

“The Declarant Kingston Resort Owner LLC declares itself exempt from the Rules and Regulations, as amended, under the Amended and Restated Declaration of Covenan ts, Conditions, and Restrictions for Kingston Plantation recorded in the Horry County Register of Deeds Office Deed Book 3917, Page 837 on May 23, 2016, Section 2.3, which is acknowledged and accepted by the Kingston Plantation Master Association, Inc. Board of Directors.”KPMA Amended and Restated Rules and Regulations (Exhibit A), header on every page

“Neither Declarant, the Association nor any Subordinate Association shall adopt any regulation or modify or amend the Declaration or the Bylaws or any Subordinate Declaration or the Bylaws of any Subordinate Association which prohibits limits or obstructs public access to the Common Areas or the commercial Parcels within the Development or any parking within the Development.”Amended and Restated Declaration of Covenants for Kingston Plantation (2016), Section 2.3, page 7

“WHEREAS, Declarant no longer owns any Unit in the condominium project; and WHEREAS, Owners holding at least two-thirds of the total voting interests in the Association approved the attached Amended and Restated Master Deed;”Amended and Restated Master Deed 2020, Recitals, page 2 (PDF p. 3)

“Any Bound Party having a Claim ("Claimant") against any other Bound Party ("Respondent"), other than a Claim exempted from this provision by Section 16.2, shall not file suit in any court or initiate any proceeding before any administrative tribunal seeking redress or resolution of such Claim until it has complied with the following procedures:”Amended and Restated Master Deed 2020, Section 16.3, page 43

Unit type	Per month	Per year
2-bedroom unit (all 72 units equal): regular monthly assessment = operating $394 + general reserve ~$53 + insurance $262 (per-unit columns on the budget; $611,440 / 72 / 12 = $707.69; the 2025 column prints $708 although its components $406 + $41 + $262 sum to $709)	$709	$8,508
2-bedroom unit: painting special assessment installment, budgeted 2025-2028 ($47,520 / 72 / 12 = $55)	$55	$660
2-bedroom unit: total monthly payment 2026 (regular + painting special assessment), vs $763 in 2025 and $694 in 2024	$764	$9,168

Kingston Plantation.

The documents behind this page.

More than one association at this resort.

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.

Kingston Plantation.

The documents behind this page.

More than one association at this resort.

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.