The St. James Park board is owner-elected with ordinary two-thirds amendment rules and no commercial unit, but owners have no vote at KPMA, where a hotel Declarant appoints the whole board while it holds a controlling interest and exempts itself from the rules.
StructureTwo tiers: a master association above this one
Master associationKingston Plantation Master Association
BoardFive directors elected by and from the co-owners by secret ballot, staggered two-year terms, annual meeting on a Saturday in May; any director removable by more than 50% of total votes at a special meeting; 10% of votes can call a special meeting; Board may delegate to a professional manager (Bylaws 3.01, 3.02, 4.01, 4.02, 4.07). Declarant could appoint directors until 75% of units were conveyed (Bylaws 4.02) - a 1990 provision.
Developer rightsOriginal Declarant (Rank Development, Inc.) reserved rights to add Phases III-XIII by 12/31/1992, to amend the Master Deed unilaterally until 12/31/1994, to keep sales/model units and signs, and a perpetual easement over common elements; co-owner amendments needed Declarant consent while it owned a unit (Master Deed 2.8, 5.3, 8.2, 9.1, 9.2). At the KPMA level the Declarant (a hotel owner) appoints all KPMA directors and is a KPMA member while it holds a 'Controlling Interest' (10%+ of the land area), may amend the KPMA Declaration unilaterally for compliance/title/lender purposes, is exempt from the architectural article and from KPMA rules, and may charge usage/membership fees for club facilities it still owns (KPMA 1.1.9, 1.1.14, 2.3, 4.2.2, 8.2, 9.2; KPMA Rules header).
Commercial-unit rightsNo commercial unit or on-site rental operator in the St. James Park Master Deed. KPMA 2.3 forbids any association from adopting rules that prohibit, limit or obstruct public access to the Common Areas, the commercial Parcels or any parking within the Development, and reserves the Declarant's right to permit public use of and charge fees for club facilities before transfer.
VotesEach co-owner votes in proportion to the unit's percentage interest (value-based, Exhibit F); majority of the votes present at a quorum (more than 50% of total votes) decides unless a greater vote is required (Master Deed 2.7, 3.4; Bylaws 3.06, 3.08). Owners have no vote at KPMA; St. James Park is one KPMA member (KPMA 4.1). The 1991 rules describe a KPMA board with equal representation from each condominium, but the 2016 Declaration gives the Declarant the right to appoint all KPMA directors while it holds a Controlling Interest and defers to KPMA bylaws that are not in the set (Rules, Definitions 1; KPMA 4.2.1, 4.2.2).
Changing the deedMaster Deed and Bylaws: two-thirds of all voting interests (Master Deed 9.2). Structural alterations to common elements: 75% of co-owners (Master Deed 8.2). Termination: unanimous plus all mortgagees (Master Deed 10.1). KPMA Declaration: two-thirds of KPMA Members' total votes; runs 30 years from 2016 with automatic 10-year renewals unless 75% of Members vote to end it, and no termination while the Declarant holds a Controlling Interest without its written consent (KPMA 9.1, 9.4).
Disputes or lawsuitsNone mentioned in any document. KPMA Board's determination of disputes about the Declaration is final and binding on owners (KPMA 4.6); prevailing party gets attorney fees in covenant enforcement suits (KPMA 5.5).