Kingston Plantation HOA Risk Assessment: Program-leaning

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?

Typical

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 is allowed with no minimum stay or on-site program, but owners must register an approved rental agent with two associations under a KPMA rental-agency policy not in the set, must report each lessee to KPMA, and may post no For Rent signage.

Short-term rentalsAllowed

Must use on-site programNo

Off-site manager allowedYes

RegistrationOwner must give written notice to both KPMA and Windermere By The Sea (through the Managing Agent) naming their 'approved rental agent'; rental agents must comply with the KPMA 'Minimum Rental Agency Arrangements' policy (not in this set) before doing business in Kingston Plantation. KPMA Declaration 9.10 also requires an Owner who leases to promptly furnish the Association in writing the name and address of the lessee. Leases must be in writing and subject to the Master Deed and Bylaws.

Advertising rulesNo 'For Rent' or 'For Sale' signs or advertising visible from the exterior of any unit or building or in landscaped areas (POA Rules 19; Deed 5.1(h)). No rule on using the resort name or photos.

Disclaimer in your listingNot required

Vote to change rental rulesMaster Deed and Bylaws: affirmative vote of two-thirds of the Co-Owners of all voting interests (Deed 9.2). Rules: either Board may amend rules at any time, but Windermere's board cannot supersede KPMA rules without KPMA Board approval (Rules 24); KPMA rules are amended by KPMA board vote alone (KPMA Decl. 9.3(b)). KPMA Declaration: two-thirds of total votes of KPMA Members (the subordinate associations) (KPMA Decl. 9.1.2).

What the documents say (8)

“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.”Master Deed of Windermere by the Sea HPR, Article V, Section 5.1(f), p.17

“(a) The Project shall be used only for residential purposes. (b) No business shall be allowed upon the Project, nor any use or practice which shall be a nuisance to residents”Master Deed of Windermere by the Sea HPR, Article V, Section 5.1(a)-(b), p.16

“All Owners desiring to lease their unit must provide written notice to KPMA and Windermere By The Sea, through the Managing Agent, indicating the name and contact information of their approved rental agent. A policy defining "Minimum Rental Agency Arrangements" has been adopted and implemented by KPMA. All rental agents desiring to conduct business within Kingston Plantation must show compliance with these requirements prior to commencing any rental activity.”Windermere By The Sea POA Rules and Regulations (Jan. 1997), Rule 1 LEASING, p.4

“All Windermere By The Sea units are limited to residential use purposes. Commercial use of any kind is prohibited.”Windermere By The Sea POA Rules and Regulations (Jan. 1997), Rule 2 MAINTENANCE & USE, p.4

“"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, p.5

“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), Section 9.10, p.29

“There shall be no time share ownership, lease, or sales of any portion of the Property, or any part thereof or interest therein”Amended and Restated Declaration of Covenants for Kingston Plantation (2016), Section 3.14, p.10

“No sign, advertising or notices of any kind or type, including, but not limited to, "For Rent", or "For Sale" signs shall be permitted or displayed on the exterior of any unit or building nor shall signs be posted or displayed in any such manner so they are visible from the exterior of any unit.”Windermere By The Sea POA Rules and Regulations (Jan. 1997), Rule 19 SIGNS, p.13-14

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.

Guests get the resort-wide KPMA pools and beach like any resident with no disclaimer, but there is no front desk, guests must obtain a gate placard, renters cannot have pets or grill, and Health Club access for guests is unstated.

Amenities for your guestsSame as program guests

Off limits to your guestsPools at Cumberland Terrace, North Hampton, Richmond Park and South Hampton (reserved to those regimes); Sport & Health Club pools (owner membership runs with the unit; guest/renter access terms unstated)

Wristbands & parking passesKPMA entrance pass system: owners receive an annual window decal; everyone else (guests/renters) must register at the Main Gate and obtain a rear-view placard or the vehicle can be removed. Cost unstated. Parking is unassigned in paved spaces; wheel lock plus $25 fine or towing for parking in landscaped/unauthorized areas. Golf carts need a KPMA decal (one owner decal per unit, purchased annually; owner-decal carts may not be rented).

Check-inowner handles (no front desk or on-site check-in is described; access is by gate placard)

TrashBagged waste goes in trash containers; outdoor receptacles are not for household kitchen garbage. Trash removal is a POA common expense ($10,000 in 2023 budget). No owner-haul rule.

Elevatorsunstated (low-rise buildings with exterior stairways; no elevators mentioned)

What the documents say (6)

“There are currently four (4) swimming pools available to Windermere By The Sea owners and their guests. These pools are the pool located between st. James Park and Gloucester Terrace, the oceanfront Beach Club pool, the Embassy Suites pool and "Splash" at Embassy Suites. The pools located at the Sport & Health Club are also available for owners who are members of this facility.”Windermere By The Sea POA Rules and Regulations (Jan. 1997), Rule 11 SWIMMING POOLS, p.9

“The swimming pool facilities located between St. James Park and Gloucester Terrace, the oceanfront Beach Club, the Embassy Suites Hotel and Splash at Embassy Suites are open to all residents of Kingston Plantation, regardless of the location of the unit in which they reside.”Windermere By The Sea POA Rules and Regulations (Jan. 1997), Rule 11(b), p.10

“An entrance Pass system has been adopted and implemented by KPMA. Everyone desiring access to Kingston Plantation must register with the Main Gate. All owners will be provided with an annual window decal for access. Everyone else must obtain a rear view Placard from the Main Gate and display the same while on Kingston Plantation property. Failure to do so will constitute an unauthorized vehicle and could result in removal of the vehicle from the Property.”Windermere By The Sea POA Rules and Regulations (Jan. 1997), Rule 6 MOTOR VEHICLES & PARKING, p.7

“These common properties and facilities are available for use by any individual residing within Kingston Plantation, regardless of the location of the residential unit.”Windermere By The Sea POA Rules and Regulations (Jan. 1997), Introduction, Definition 1, p.2

“(iii) Automatic, basic Membership in The Sport and Health Club at Kingston Plantation ("Health Club"). Membership in the Health Club is permanent and appurtenant to and shall run with the ownership of each Unit, and may not be terminated by the Co-Owner without the express written consent of the Health Club.”Master Deed of Windermere by the Sea HPR, Section 2.3(d)(iii), p.8-9

“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 area.”Master Deed of Windermere by the Sea HPR, Section 5.1(i), p.17

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.

Dual registration of the rental agent, lessee reporting to KPMA, owner liability for tenant fines and damage, owner upkeep of decks/porches/stairs, and two-level architectural approvals, but no local-contact, response-time or trash-hauling rules.

Local contactunstated (a registered rental agent is expected; see Rules 1)

FinesNo published schedule. Repeated violations may draw a fine set case-by-case by the appropriate Board, levied against the Owner of the unit where the violator resides, repeatable until corrected, collected like assessments, with a right to a Board hearing. Owner is responsible for tenant damage to common property and all fines levied on tenants. Parking in unauthorized areas: wheel lock plus $25 fine or towing. KPMA parking/vehicle violations: KPMA fines and/or decal revocation. Late assessments: $25 per month late charge (Deed 4.6; KPMA 5.1.3).

Contractors & vendorsContractor rules: owners liable for contractor damage/cleaning fees; contractors park in marked areas, keep common areas clear, no use of Association dumpsters, tools, utilities; noise minimized. Exterior changes need written request through the Managing Agent to the Windermere ACC and Board, and usually KPMA Board approval; interior work touching common utilities, exterior or load-bearing walls needs Board approval. KPMA bars construction on Saturdays, Sundays and holidays unless permitted (KPMA 8.4.2).

AlsoBalconies/decks/screened porches, storage areas and exterior stairways are limited common elements whose non-structural maintenance is the Owner's primary responsibility, with the POA secondarily responsible (Deed 2.3(b)(iv)). Deed 5.6 lets the POA bill back, as an additional assessment, any maintenance it performs on the limited common elements it cross-references as 'Section 2.3(b)(iii)'; in the recorded text that paragraph describes the unit's HVAC equipment, so whether the bill-back reaches decks and stairways is ambiguous. Exterior furniture/plants must be stored inside when absent for extended periods. Window treatments must show white outside (louvered blinds per deed). Quiet hours 11 PM-8 AM. Owner must furnish KPMA the name/address of each lessee (KPMA 9.10).

What the documents say (6)

“The responsibility for damage by tenants to common properties and facilities of either the Association or Regime rests with the unit Owner, as do any and all fines levied upon tenants for non-compliance. It is the unit Owner's responsibility to see that his tenants obey the rules and regulations.”Windermere By The Sea POA Rules and Regulations (Jan. 1997), Rule 1 LEASING, p.4

“Repeated violations of the rules and regulations may result in a fine, levied by the appropriate Board of Directors against the Owner of the unit in which the violator resides, in addition to all other legal remedies, The amount of the fine will be established by the Board of Directors, on a case-by-case basis, depending upon the Severity of the violation. The fines may be assessed repeatedly upon failure of a resident to correct the infraction after prior notice is given by the Managing Agent.”Windermere By The Sea POA Rules and Regulations (Jan. 1997), Rule 23 REMEDY FOR VIOLATIONS, p.15

“Homeowners who hire contractor personnel to perform services within their apartment unit(s) can be held liable for damages or cleaning fees or any other charges incurred should hired contractor personnel fail to comply with these adopted rules.”Windermere By The Sea POA Rules and Regulations (Jan. 1997), Rule 5 CONTRACTOR RULES & REGULATIONS, p.6

“Maintenance, other than structural, and upkeep of each patio, deck, screened porch, storage area and exterior stairway shall be the primary responsibility of the Owner of the Unit to which that patio, deck, screened porch, storage area and exterior stairway is appurtenant and the secondary responsibility of the POA.”Master Deed of Windermere by the Sea HPR, Section 2.3(b)(iv), p.7

“Security has specific instructions to prohibit Parking in landscaped and other unauthorized areas. Doing so can result in the application of wheel locks to the vehicle and a $25.00 fine Payable in advance of the locks being removed and/or towing of the vehicle at the owner's expense.”Windermere By The Sea POA Rules and Regulations (Jan. 1997), Rule 6 MOTOR VEHICLES & PARKING, p.7

“Violations of these rules are subject to the KPMA fines and/or decal revocation.”KPMA Amended and Restated Rules and Regulations, Exhibit A, Header, every page

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.

Reserves are a healthy 16.2% and no special assessments appear, but insurance jumped 42.7% to 35% of budget, dues rose about 18% in one year, a $150K deductible is being reserved, the master fee is 21.7% charged equally per unit, and the only budget is from 2023.

2023 budget$462,269

Dues change+18.3% on the year

Reserves16% of budget

Special assessmentsNone in the documents

InsuranceInsurance expense rose from $95,900 (2020) to $101,504 (2021) to $113,228 (2022) to $161,624 (2023), a 42.7% jump in one year and now 35% of the budget. Deed 6.2 requires the Board to use best efforts to carry a master casualty policy at 100% replacement value plus at least $1,000,000 of liability coverage; deductible shortfalls are assessed to owners by percentage interest (Deed 7.4).

Wind deductibleunstated as a percentage; budget line 'INSURANCE DEDUCTIBLE $150K RESERVES (10 YRS)' sets aside $15,000/yr toward a roughly $150,000 deductible

Passes through to a master association22% of the budget

Delinquencyunstated in budget. Deed: $25/month late charge, lien on unit, foreclosure with attorneys' fees, personal liability, purchaser jointly liable for unpaid assessments (Deed 4.6, 4.9, 4.10, 4.12). KPMA lien is superior to the POA's lien (KPMA 5.11).

What the documents say (12)

“ASSESSMENTS 462,269$ 391,083$ 375,539$ 375,539$”Windermere By The Sea POA - 2023 Approved Budget, Income, p.1 (columns 2023 Approved, 2022, 2021, 2020)

“INSURANCE EXPENSES 161,624 113,228 101,504 95,900”Windermere By The Sea POA - 2023 Approved Budget, General and Administration, p.1

“MASTER ASSOCIATION FEE 100,116 98,320 94,923 94,923”Windermere By The Sea POA - 2023 Approved Budget, Other Expenses, p.1

“RESERVE DEPOSIT 60,000 60,000 60,000 60,000 INSURANCE DEDUCTIBLE $150K RESERVES (10 YRS) 15,000 15,000 15,000 15,000”Windermere By The Sea POA - 2023 Approved Budget, Other Expenses, p.1

“Two bedroom unit - 1.290% 497$ 420$ 404$ 404$ Three bedroom unit - 2.043% 787$ 666$ 640$ 640$”Windermere By The Sea POA - 2023 Approved Budget, Assessment Amounts (monthly), p.1

“Common surplus shall be owned and POA expenses (except for Association Assessments which shall be borne equally by each Co-Owner) shall be distributed and allocated among and be the obligation and liability of the Co-Owners in proportion to their respective Percentage Interests.”Master Deed of Windermere by the Sea HPR, Section 4.4, p.12

“the POA may levy, at any time and from time to time, upon affirmative vote of a majority of the Board of Directors of the POA, a Special assessment in an amount up to ten (10) percent of the prior year's budget. Special assessments for amounts in excess of ten (10) percent of the prior year's budget may be levied by the POA, at any time and from time to time upon affirmative vote of a majority of Co-Owners.”Master Deed of Windermere by the Sea HPR, Section 4.7, p.13

“The Co-Owners shall be liable for assessment for any deficiency, including any deductible amount, the individual Co-Owner's share of any such assessment being based upon said Co-Owner's percentage of ownership in the Common Elements.”Master Deed of Windermere by the Sea HPR, Section 7.4, p.22

“Both annual and special assessments shall be charged in equal amounts to all Units.”Amended and Restated Declaration of Covenants for Kingston Plantation (2016), Section 5.8, p.16

“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.”Amended and Restated Declaration of Covenants for Kingston Plantation (2016), Section 5.7, p.16

“The lien of the Assessments provided for herein shall be subordinate to the lien of any unpaid taxes and any Mortgage or Mortgages, but they shall be superior to the assesaments levied by any Subordinate Association.”Amended and Restated Declaration of Covenants for Kingston Plantation (2016), Section 5.11, p.16-17

“In the event the Board fails for any reason to adopt a budget for the succeeding year, then and until such time as it is adopted, the budget and annual Assessments in effect for the then current year shall be increased in proportion to the percentage increase, if any, for the then current year, in the Consumer Price Index”Amended and Restated Declaration of Covenants for Kingston Plantation (2016), Section 5.1 (Annual Budget), p.13-14

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, no commercial unit and a 2/3 amendment rule at the regime level, but the POA is subordinate to a master association in which owners have no vote and whose hotel-owner Declarant appoints the whole board and exempts itself from the rules.

StructureTwo tiers: a master association above this one

Master associationKingston Plantation Master Association

Commercial unitNone

BoardWindermere POA: five directors elected by and from the Co-Owners by secret ballot, staggered two-year terms, removable by more than 50% of total votes; Declarant could appoint all directors until 75% of units were conveyed (Bylaws 4.02, 4.07). KPMA: owners are not members; the Board is composed of the subordinate associations' representatives ('equal representation from each condominium' per 1997 rules), but the KPMA Declarant appoints all KPMA directors for as long as it owns a Controlling Interest (10% or more of the land area) (KPMA Decl. 1.1.9, 4.1, 4.2.2).

Developer rightsWindermere Declarant (Rank Development, Inc.) rights to add Phases IV-X and amend without owner consent expired by their own terms on Dec. 31, 1994, and Declarant consent to owner amendments is required only while it owns a unit (Deed 2.8(b), 9.1, 9.2(b)); turnover is not documented. KPMA Declarant (FelCor Myrtle Kingston Hotel, L.L.C. in 2016; the later KPMA rules name Kingston Resort Owner LLC) retains the plan-of-development, easement, sales-office and signage rights, is exempt from KPMA architectural/use restrictions (KPMA 8.2) and declares itself exempt from the KPMA rules, may amend the KPMA Declaration unilaterally for compliance/title/lender purposes (KPMA 9.2), and no KPMA termination is valid without its consent while it holds a Controlling Interest (KPMA 9.4).

Commercial-unit rightsNo commercial unit or on-site operator rights in the Windermere deed. At the master level, KPMA may lease or grant licenses/concessions on common property (KPMA 4.4), may charge tolls to commercial traffic or the public, though no Owner or Occupant is liable for a toll (3.3), and no association may adopt rules that 'prohibit, limit or obstruct public access to the Common Areas or the commercial Parcels within the Development or any parking' (KPMA 2.3), so resort amenities and parking are shared with hotel and public traffic.

VotesWindermere: one weighted vote per unit equal to its percentage interest (2BR 1.290%, 3BR 2.043% per 2023 budget); majority of votes present at a quorum (more than 50%) decides unless a higher vote is required (Deed 2.7, 3.4; Bylaws 3.06, 3.08). KPMA: votes are cast by the subordinate associations and (while it has a Controlling Interest) the Declarant; individual owners have no vote (KPMA 4.1).

Changing the deedMaster Deed and Bylaws: two-thirds of all voting interests, no change to a unit's percentage without that owner's consent, Declarant consent while it owns a unit (Deed 9.2). Major structural alteration of common elements: 75% of Co-Owners (8.2). Termination: unanimous plus all mortgagees (10.1). Mortgagee-protection article: all mortgagees (11.9). KPMA Declaration: two-thirds of KPMA member votes (KPMA 9.1.2).

Disputes or lawsuitsNone mentioned in any document in this set.

What the documents say (10)

“The number of Directors of the POA shall be five (5).”Master Deed Exhibit G By-Laws of Windermere by the Sea POA, Bylaws 4.02, p.55

“Declarant shall have the right to appoint all (or less than all) Directors until such time as seventy-five percent (75%) of the Units are conveyed to Purchasers.”Master Deed Exhibit G By-Laws of Windermere by the Sea POA, Bylaws 4.02, p.55

“This Master Deed and the Bylaws may be amended from time to time by resolution adopted by the affirmative vote of two thirds of the Co-Owners of all of the voting interests”Master Deed of Windermere by the Sea HPR, Section 9.2, p.23

“the POA shall be subject and subordinate to the provisions of the Declaration, the Master Association and the Bylaws of the Master Association and to rules and actions adopted or undertaken thereunder, and no action of the Board of Directors, the Co-Owners or the Manager shall be in contradiction, abrogation or substitution of the provisions, rules or actions thereof.”Master Deed of Windermere by the Sea HPR, Section 3.2, p.11

“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, p.10

“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, p.11

“In the event a disagreement arises between Owners related to the Property or the interpretation and application of this Declaration or the Bylaws of the Association, the review and determination thereof by the Board of Directors shall be final and binding upon each and every Owner and each and every Subordinate Association”Amended and Restated Declaration of Covenants for Kingston Plantation (2016), Section 4.6, p.11

“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, p.7

“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, every page

“It should be noted that the Windermere By The Sea Association does not possess the right nor the authority to make, amend, revoke or add to the existing rules and regulations in any manner that will supersede the regulations or authority of Kingston Plantation Master Association, without first obtaining the approval of the KPMA Board of Directors.”Windermere By The Sea POA Rules and Regulations (Jan. 1997), Rule 24 RULE AND REGULATION AMENDMENTS, p.15

03 Pros and cons

For the owner who runs it themselves.

The same building reads very differently to an owner on the rental program and an owner on Airbnb. This list is for the second one.

Working for you

Renting is permitted by the deed with only a written-lease requirement; there is no minimum stay, no owner-use cap and no mandatory on-site rental program (Master Deed, Section 5.1(f), p.17).
The master covenants expressly contemplate 'transient paying guest[s]' as lawful occupants and ban only time-shares, so short-term rental is not blocked at the master level (KPMA Declaration 2016, Sections 1.1.17 and 3.14).
Off-program guests use the same resort-wide KPMA pools (St. James/Gloucester pool, oceanfront Beach Club pool and, per the 1997 rules, the Embassy Suites pools) and beach as any resident, and no disclaimer is required (POA Rules 1997, Rule 11(b), p.10).
Basic membership in The Sport and Health Club at Kingston Plantation is appurtenant to every unit and runs with ownership (Master Deed, Section 2.3(d)(iii), p.8-9).
Board of five directors is elected by and from the owners with two-year staggered terms; the developer's appointment and amendment rights expired by their own terms (Dec. 31, 1994) (Master Deed Exhibit G Bylaws 4.02; Master Deed 9.1).
Special assessments above 10% of the prior year's budget need a majority owner vote, and the deed requires reserves to be funded by regular assessments rather than special assessments (Master Deed, Sections 4.7 and 11.5).
2023 budget funds $75,000 of reserves ($60,000 reserve deposit plus $15,000 insurance-deductible reserve), 16.2% of the budget (2023 Approved Budget, Other Expenses).
Dues bundle water/sewer, trash, cable TV/internet, interior pest and termite control, master insurance and the KPMA assessment, so few separate utility bills for a rental owner (2023 Approved Budget).
Annual CPA-audited financial statements are required by the deed and budgeted (Master Deed, Section 4.13; 2023 Budget 'CPA Accounting/Audit Services').

Watch-outs

Owners who lease must register an 'approved rental agent' with both KPMA and the Windermere POA, and agents must satisfy a KPMA 'Minimum Rental Agency Arrangements' policy that is not in this set; whether an owner may act as their own agent is unstated (POA Rules 1997, Rule 1, p.4).
The master covenants require an owner who leases to promptly furnish KPMA in writing the name and address of each lessee, which read literally applies to every short-term booking (KPMA Declaration 2016, Section 9.10, p.29).
Renters and guests may never have pets under any circumstances, grills of any kind (even electric) are banned resort-wide, and motorcycles, boats and jet-skis cannot be brought in; these limit the guest market and must be in your listing (Master Deed 5.1(i) and 5.1(l); POA Rules 9; KPMA Rules Exhibit A, item 2).
Insurance jumped 42.7% in one year to $161,624, 35% of the budget, and monthly dues rose about 18% from 2022 to 2023 ($420 to $497 for a 2BR, $666 to $787 for a 3BR) (2023 Approved Budget).
The only budget on file is 2023; current dues, reserve balance and any 2024-2026 assessments are unknown and should be requested (2023 Approved Budget).
The budget sets aside $15,000 a year toward a roughly $150,000 insurance deductible, and any deductible shortfall after a loss is assessed to owners by percentage interest (2023 Budget 'Insurance Deductible $150K Reserves (10 yrs)'; Master Deed 7.4).
The KPMA master fee is $100,116 (21.7% of the budget) and is charged equally per unit regardless of size, so a 2BR pays the same master share as a 3BR; KPMA may levy special assessments by board vote alone, and if the KPMA board fails to adopt a budget the prior year's assessment automatically rises by CPI (Master Deed 4.4; KPMA Declaration 5.1, 5.7 and 5.8).
Owners have no vote in KPMA: the POA is the member, the KPMA Declarant (a hotel-owning entity) appoints the entire KPMA board while it holds a Controlling Interest, exempts itself from the KPMA rules and architectural restrictions, and KPMA board determinations are 'final and binding' on every owner (KPMA Declaration 4.1, 4.2.2, 4.6, 8.2; KPMA Rules Exhibit A header).
No association may adopt rules restricting public access to the common areas, commercial parcels or parking, so pools, beach access and parking are shared with hotel guests and the public (KPMA Declaration 2016, Section 2.3, p.7).
The POA is fully subordinate to KPMA and cannot adopt or change any rule that supersedes KPMA without KPMA board approval (Master Deed 3.2; POA Rules 24).
Fines have no published schedule, are set case-by-case, may be repeated, and are charged to the owner for tenant conduct; owner also bears tenant damage to common property (POA Rules 1997, Rules 1 and 23).
Guests must stop at the Main Gate for a rear-view placard and there is no front desk; the owner arranges keys and check-in (POA Rules 1997, Rule 6, p.7).
Decks, screened porches, storage areas and exterior stairways are limited common elements whose non-structural upkeep is the owner's primary responsibility, and Deed 5.6 lets the POA bill back maintenance it performs on limited common elements (its cross-reference reads 2.3(b)(iii), the HVAC paragraph, so the reach of the bill-back is ambiguous) (Master Deed 2.3(b)(iv) and 5.6).
The rules are dated January 1997, name a managing agent and Embassy Suites pool access that may no longer apply, and the KPMA bylaws and rental-agency policy are missing, so confirm current rules before relying on them (POA Rules 1997, Preface; KPMA Declaration Exhibit B).
The deed in the set records only Phases I-III (18 units); later phase amendments and the current unit count and percentage schedule are not in the set, although the 2023 budget percentages imply roughly 60 units (Master Deed Exhibit F; 2023 Budget).

Unit type	Per month	Per year
Two bedroom unit - 1.290%	$497	$5,964
Three bedroom unit - 2.043%	$787	$9,444

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, 2023

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, 2023

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.