HOA Risk Assessment · Myrtle Beach oceanfront

Landmark Resort.

Workable with rules. You can self-manage, but the rules shape how. Read the watch-outs before you price it.

Read from 8 association documents dated 2004–2026: Landmark Horizontal Property Regime — Landmark Resort. This page answers one question: what is it like to own here and rent it out yourself?

60OUT OF 100
Workable with rules

Self-manage score. Five questions, scored 1–5 from the documents, averaged.

Full read
Can you rent it your way?Typical
Will your guests be treated like guests?Typical
How much work lands on you?Favorable
Is the money healthy?Typical
Who's really in charge?Caution
01 What we read

The documents behind this page.

Nothing here is inferred from a listing or a phone call. Every score traces to a sentence in one of these.

Master Deed for Landmark Horizontal Property Regime (April 2, 2004), with Exhibits A-E2004Master Deed for Landmark Horizontal Property Regime (April 2, 2004) - second scan2004By-Laws of Landmark Homeowners' Association, Inc. (Exhibit E to Master Deed)2004By-Laws of Landmark Homeowners' Association, Inc. (Exhibit E) - extra copy2004First Amendment to Master Deed for Landmark Horizontal Property Regime (June 2005) - division of Commercial Unit CU-2 into 231 residential units as Phase II2005· partialThird Amendment and Supplement to Master Deed for Landmark Horizontal Property Regime (effective March 28, 2014, recorded April 17, 2014)2014Landmark Homeowners' Association, Inc. - Resolution to Prohibit Smoking within Landmark Horizontal Property Regime (adopted January 9, 2015; recorded December 4, 2018, Deed Book 4163 Page 1592)2018Landmark Homeowners' Association, Inc. 2026 Operating Budget (dated 10/17/2025) with Regular Assessment Fee schedule2026
✓Master deed / declarationOn file
✓BylawsOn file
✓Rules & regulationsOn file
✓Current budget with dues scheduleOn file
Latest annual meeting minutesNot on file
Insurance summaryNot on file
Reserve studyNot on file
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.

01

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.

The deed expressly lets owners rent with no minimum stay and recognizes outside rental managers, so self-management is possible, but Commercial Unit CU-1 holds a deed-level monopoly (unamendable without Grantor consent and a unanimous owner vote) on rental-management, reservations, front-desk, key pick-up/drop-off and concierge services on the common elements, owners 'are restricted against using any part of the COMMON ELEMENTS to engage in the business of renting', the Grantor/CU-1 may impose rules on use of the Landmark name and photos in rental ads, and a delinquent owner must remit all rent to the Association.

Short-term rentalsAllowed
Must use on-site programNo
Owner may rent it personallyYes
Off-site manager allowedYes
Owner-use limitsunstated - no limits on owner use; no minimum stay or lease term appears in any document on file
Registrationunstated - none of the documents on file requires rental registration with the Association or the on-site operator; the only recorded rule on file is the smoking resolution. Article XXVI requires purchasers to notify the Association in writing of ownership, not of rentals.
Advertising rules'Landmark' and 'Landmark Resort' are service marks of Landmark, LLC. Owners may use the mark 'Landmark' when referring to their unit as allowed by S.C. Code 27-31-120. The Grantor (and successors/assigns) reserved the right to impose reasonable rules on advertising of units for rent by owners and rental managers to prevent misleading use of the Landmark name and photographic images as to inventory size or guest services offered (Master Deed Art. VII). No such rules are on file. CU-1 holds an exclusive easement for advertising and signage over the common elements, and owners may not place signs visible from the exterior.
Vote to change rental rulesGeneral master deed amendments need an affirmative vote of members owning at least 67% of the undivided interest, proposed by a board majority or 25% of members (Art. XXIX). The Article XIV restriction on commercial activities (which reserves rental-management/front-desk services to CU-1) 'may not be amended without the consent of the GRANTOR, its successors and assigns, and the unanimous vote of all UNIT OWNERS', and any change to Commercial Unit rights needs written consent of the Grantor and all commercial unit owners. By-laws amend at 67% of total votes (By-Laws Art. VI Sec. 6).
What the documents say (9)
“Provided however, nothing herein shall be construed as limiting the right of any OWNER of any UNIT from renting or leasing his, her, their or its UNIT, subject to all terms and conditions of this Master Deed.”Master Deed for Landmark Horizontal Property Regime (2004), Article XIV, page 13
“RESIDENTIAL UNIT OWNERS may rent their Units, but are restricted against using any part of the COMMON ELEMENTS to engage in the business of renting. Daily or weekly maid service is permitted by independent contractors acting for one or more UNIT OWNERS, but only the owner of UNIT CU-1 shall be entitled to use the on premises maids closets.”Master Deed for Landmark Horizontal Property Regime (2004), Article XIV, page 13
“no commercial activity or activities shall be conducted within any UNIT, COMMON ELEMENT or LIMITED COMMON ELEMENT, nor shall the same be modified or altered to accommodate any such commercial use, including, but not limited to, operation of general rental management service for the RESIDENTIAL UNITS and related accommodation services such as reservations, key pick up and drop off, front desk, concierge, and cable, movie, internet and telephone services to RESIDENTIAL UNITS”Master Deed for Landmark Horizontal Property Regime (2004), Article XIV, page 13
“The foregoing restriction on commercial activities may not be amended without the consent of the GRANTOR, its successors and assigns, and the unanimous vote of all UNIT OWNERS.”Master Deed for Landmark Horizontal Property Regime (2004), Article XIV, page 13
“(iii) in the case of owners that desire to rent RESIDENTIAL UNITS they own, to impose reasonable rules and regulations concerning the advertisement of UNITS for rent by owners and rental managers to prevent use of the name and photographic images of Landmark in a manner that is misleading to the general public as to the size of inventory of UNITS that is being offered or as to the types of guest services that are available in connection with the rental.”Master Deed for Landmark Horizontal Property Regime (2004), Article VII, page 9
“the Board of Directors of the ASSOCIATION or any other person authorized by it or any other person or entity authorized by the UNIT OWNER (including rental managers and their agents), shall have the right to enter such UNIT for the purpose of remedying or abating the cause of such emergency”Master Deed for Landmark Horizontal Property Regime (2004), Article XVII, page 15
“The ASSOCIATION is not intended to and shall not become involved in the business or practice of rental management of RESIDENTIAL UNITS,”By-Laws of Landmark Homeowners' Association, Inc. (Exhibit E), Article I, Section 4, page 1
“Furthermore, a Unit Owner who rents or leases a unit in Landmark shall remit ail rental Income directly to the Association if the Association assessments become past due by $0 days or more, continuing until ail assessments, other fees and related expenses are pald current.”Third Amendment and Supplement to Master Deed (2014), Paragraph 1 (amending By-Laws Article III), page 2 - OCR '$0 days' is almost certainly '90 days'
“GRANTOR, for itself, its successors and assigns, hereby reserves the right to submit UNITS in any additional phases to a plan of INTERVAL OWNERSHIP, and excepting such right of GRANTOR, no UNIT or any portion thereof may be submitted to a plan of INTERVAL OWNERSHIP or any form of timesharing.”Master Deed for Landmark Horizontal Property Regime (2004), Article XIV, page 12
02

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.

Owners' guests, licensees and invitees get a deed easement over every common element (pools, lazy rivers, saunas, exercise room) with no excluded amenities on file, but front desk, key pick-up and concierge services are reserved to CU-1 so the owner handles keys, and no pass/wristband or parking rules are on file for this hotel-style property.

Amenities for your guestsSame as program guests
Wristbands & parking passesunstated - no document on file mentions wristbands, pool bands, parking passes or decals. The parking garage, below-street garage and surface parking are common elements (Exhibit B), and the by-laws allow the Association to tow vehicles that violate parking rules (By-Laws Art. III Sec. 21(d)); the parking rules themselves are not on file.
Check-inowner handles - the deed reserves 'reservations, key pick up and drop off, front desk, concierge' services to Commercial Unit CU-1 and bars owners from using any common element to engage in the business of renting, so an off-program owner must hand over keys without using the lobby front desk unless the CU-1 operator agrees; no document on file says the front desk serves off-program guests
TrashTrash chutes are common elements maintained by the Association (Master Deed Art. IV and XXII); trash removal is a budgeted common expense ($64,635 in 2026). No owner-haul rule on file.
ElevatorsPassenger elevators and stairs are common elements serving all units (Exhibit B). The service elevator is a limited common element appurtenant to CU-1 (Exhibit B, p. 41-42). No vendor/service-elevator rule for owners is on file.
Housekeeping & linenOwners may use independent contractors for daily or weekly maid service, but only the CU-1 owner may use the on-premises maid closets (Art. XIV). Commercial/guest laundry areas are part of CU-1. No linen rule on file.
What the documents say (5)
“the COMMON ELEMENTS shall be, and the same are hereby declared to be, subject to a perpetual non-exclusive easement in favor of all of the OWNERS of UNITS in the Condominium for their use and the use of their immediate families, guests, licensees and invitees, for all proper and normal non-commercial purposes”Master Deed for Landmark Horizontal Property Regime (2004), Article VII, page 9
“COMMON ELEMENTS, as the term is used herein, shall mean and comprise all of the real property, easements, improvements and facilities of the Condominium including, but not limited to, stairways, elevators, hallways, lazy rivers, fountains, water falls, pools, saunas, pool decks, pool equipment, exercise room, telephone lines, televison cables, trash chutes, and utilities, other than the UNITS”Master Deed for Landmark Horizontal Property Regime (2004), Article IV, page 7
“Only the Owner of CU-1 shall be entitled to conduct commercial activities (including without limitation food and beverage service, and retail sales) on or upon the COMMON ELEMENTS, including the pool decks, and/or rooftops.”Master Deed for Landmark Horizontal Property Regime (2004), Article XIV, page 13
“Lobby Level: The areas designated as airlock, registration, reservations, telephones, front desk, sales, 118, The Pub, bar, w, m, tel, elec, cashier, manager reception, employee dining, display, vending, hotel manager, vend, game, guest laundry, guest ironing, gazebo restaurant, gazebo kitchen, and ATM.”Master Deed for Landmark Horizontal Property Regime (2004), Exhibit B (description of UNIT CU-1), page 41
“Each owner is responsible for the compliance with this rule by the owner and all residents within the owner's unit, and for all guest and invitees of such owner. Violations of this rule may result in a fine pursuant to the Association's fine schedule as adopted and amended from time to time by the Board of Directors.”Resolution to Prohibit Smoking within Landmark Horizontal Property Regime (adopted 2015, recorded 12/04/2018), Page 2
03

How much work lands on you?

Favorable

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.

Beyond normal hosting the owner may have to deposit a key with the Association, hand keys off without the lobby desk, keep cleaners out of the maid closets and absorb guest smoking fines; there is no local-contact, response-time, trash-haul or service-elevator rule on file.

Local contactunstated - no local agent or contact requirement appears in any document on file
Locks & keysIf required by the Association, each owner must deposit a key to the unit under the Association's control for emergency entry (Art. XVII); if the owner fails to deposit a key and the Association must enter to do owner-neglected maintenance, the cost of making a key is charged to the owner and becomes a lien (Art. XXI). Owners must hand keys to their own guests without using the CU-1 front desk (Art. XIV).
FinesThe Board may impose reasonable fines, which are a lien on the unit, and may suspend voting and common-area use rights; a fine for an occupant's violation is assessed first against the occupant and, if unpaid, the owner must pay it on notice (By-Laws Art. III Sec. 21, as restated in the 2014 Third Amendment). Written notice with at least 10 days to request a hearing before the Covenants Committee or Board, then appeal within 30 days; the Association may also use self-help (towing) or sue, with the violating owner/occupant paying costs and attorney's fees. The smoking resolution ties violations to a Board fine schedule that is not on file. Late assessment fee $25 per installment after 30 days plus interest and attorney's fees (Master Deed Art. XXVII G, H).
Contractors & vendorsIndependent maid contractors are expressly allowed for daily/weekly cleaning, but may not use the on-premises maid closets (Art. XIV). The Association or its contractor may perform monthly in-unit pest control spraying and may enter on reasonable notice for common-element work (Art. XVIII). Structural or exterior alterations need written Association consent (Art. XIX).
AlsoAn owner who rents must remit all rental income directly to the Association once assessments are 90+ days past due until current (Third Amendment 2014). Owners are liable for damage caused by their guests or lessees not covered by Association insurance and for any resulting insurance-rate increase (Art. XXX B). Owner pays the insurance deductible share for in-unit items (Art. XXI). Uniform window-treatment backing required; balconies kept neat with patio furniture only; no exterior signs; no satellite dishes on balconies (Art. XIX). All disputes are subject to a jury-trial waiver and binding AAA arbitration before three arbitrators (Art. XXXVIII-XXXIX).
What the documents say (8)
“To facilitate entry in the event of any such emergency, the OWNER of each UNIT, if required by the ASSOCIATION, shall deposit under the control of the ASSOCIATION a key to such UNIT.”Master Deed for Landmark Horizontal Property Regime (2004), Article XVII, page 15
“In that regard, ASSOCIATION, or its designated contractor may perform monthly service for pest control which may include spraying within each UNIT and each Owner of a UNIT is hereby so notified.”Master Deed for Landmark Horizontal Property Regime (2004), Article XVIII, page 15
“The Board shall have the power to impose reasonable fines, which shall constitute a lien upon the property of the violating Owner, and to suspend an Owner's right to vote or to use the Common Area for violation of any duty imposed under the Master Deed, these By-Laws, or any rules and regulations adopted hereunder”By-Laws of Landmark Homeowners' Association, Inc. (Exhibit E), Article III, Section 21, page 10
“In the event that any occupant of a UNIT violates the Master Deed, By-Laws, or a rule or regulation and a fine is imposed, the fine shall first be assessed against the occupant; provided, however, if the fine is not paid by the occupant within the time period set by the Board, the Owner shall pay the fine upon notice from the ASSOCIATION.”By-Laws of Landmark Homeowners' Association, Inc. (Exhibit E), Article III, Section 21, page 10
“the ASSOCIATION, acting through the Board of Directors, may elect to enforce any provision of the Master Deed, these By-Laws, or the rules and regulations of the ASSOCIATION by self-help (specifically including, but not limited to, the towing of vehicles that are in violation of parking rules and regulations) or by suit at law or in equity”By-Laws of Landmark Homeowners' Association, Inc. (Exhibit E), Article III, Section 21(d), page 10
“Further, a late fee of $25.00 shall be assessed for each installment not paid within thirty (30) days after the due date thereof.”Master Deed for Landmark Horizontal Property Regime (2004), Article XXVII G, page 25
“The OWNER or OWNERS of each UNIT shall be liable for the expense of any maintenance, repair or replacement rendered necessary by his or their act, neglect or carelessness, or by that of any MEMBER of his or their family, or his or their guests, employees, agents or lessees, but only to the extent that such expense is not met by the proceeds of insurance carried by the ASSOCIATION.”Master Deed for Landmark Horizontal Property Regime (2004), Article XXX B, pages 28-29
“SMOKING PROHIBITED IN CERTAIN AREAS. Smoking is prohibited on ali common areas, except for the designated smoking area within the Landmark Horizontal Property Regime. Without limiting the generality of the foregoing, this prohibition applies to recreation buildings, swimming pools, landscaped common areas, hallways, elevators, decks, and the general common elements except for those excluded”Resolution to Prohibit Smoking within Landmark Horizontal Property Regime (adopted 2015, recorded 12/04/2018), Page 2
04

Is the money healthy?

Typical

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 include unit electricity, water, cable/internet and insurance, no special assessment is referenced and insurance rose only 2.2%, but 2026 dues jump about 11%, insurance is 26.6% of budget with undisclosed deductibles, reserves are 13.3% with no study or balance on file, and the contingency line rose to $200,000 for 1973/1996 towers.

2026 budget$6,027,612
Dues change+11.0% on the year
Reserves13% of budget
Special assessmentsNone in the documents
InsuranceInsurance Expense rises from $1,570,000 (2025) to $1,605,014.42 (2026), +2.2%. A new 'Insurance Claims' line of $50,000 appears in 2026 (none budgeted in 2025), suggesting a budgeted deductible/claims allowance. Association's casualty policy covers units and common elements at full replacement value; owners carry contents/liability (Art. XXIII) and pay the deductible share for in-unit items (Art. XXI). Board is the Insurance Trustee (Art. XXIV).
FloodMaster Deed Art. XXIV requires Association casualty coverage including windstorm, wind-driven rain, water damage 'and flood damage, if available'; no policy or declarations page on file
DelinquencyAssessment is in default if not paid on the due date; the Board may accelerate the whole annual assessment on 10 days' notice; after 20 days the Association may enforce by lien foreclosure and sale, with interest at a Board-set rate, a $25 late fee per installment after 30 days, attorney's fees, appointment of a receiver and rental from the owner (Master Deed Art. XXVII G-K). By-laws treat a monthly installment as delinquent on the 15th. Since 2014, an owner who rents must remit all rental income to the Association once 90+ days past due. Lien is subordinate to prior-recorded mortgages; foreclosure buyers take free of prior delinquencies. 2026 budget carries $5,000 bad debt and a $200,000 contingency/budget shortfall line (up from $12,500).
What the documents say (10)
“Units: 570 Condo units / 1 Commercial unit ... Regular Assessments 5,429,166.26$ 6,027,612.48$”Landmark HOA 2026 Operating Budget (10/17/2025), Page 1, header and Income
“Insurance Expense 1,570,000.00$ 1,605,014.42$ / Insurance Claims 50,000.00$”Landmark HOA 2026 Operating Budget (10/17/2025), Page 1, General & Administrative
“General Reserves Contribution 760,000.00 800,000.00 / Contingency / Budget Shortfall 12,500.00 200,000.00”Landmark HOA 2026 Operating Budget (10/17/2025), Page 1, Other Expenses
“118 Oceanfront Executive Suite (L,M) 0.001893 857.00$ 951.00$”Landmark HOA 2026 Operating Budget (10/17/2025), Page 2, Landmark Regular Assessment Fees (monthly)
“Expenses declared common expenses by provisions of this Master Deed, including electricity charges for lighting, heating and air conditioning all units”Master Deed for Landmark Horizontal Property Regime (2004), Article XXXVI G.2, page 32
“Any and all assessments made by the Master Association in accordance with the Master Declaration.”Master Deed for Landmark Horizontal Property Regime (2004), Article XXXVI G.4, page 33
“The Board of Directors of the ASSOCIATION, in establishing said annual budget for the operation, management and maintenance of the Condominium shall include therein a sum to be collected and maintained as a reserve fund for replacement of COMMON ELEMENTS”Master Deed for Landmark Horizontal Property Regime (2004), Article XXVII D, page 24
“Granter hereby discloses, and by acceptance of a deed conveying a UNIT each OWNER of a UNIT hereby acknowledges, that the construction of the buildings comprising the Condominium were constructed in 1973 and 1996.”Master Deed for Landmark Horizontal Property Regime (2004), Article XXXVII, page 34
“Based upon this investigation, Grantor has made an initial contribution in the amount of $251,500.00 to the ASSOCIATION as reserves for replacements and repairs of components of the buildings”Master Deed for Landmark Horizontal Property Regime (2004), Article XXXVII, page 34
“The Board of Directors shall have the power to borrow money for the purpose of repair or restoration of the Common Areas or for the purpose of funding budgetary shortfalls, without the approval of the membership”By-Laws of Landmark Homeowners' Association, Inc. (Exhibit E), Article III, Section 19, page 9
05

Who's really in charge?

Caution

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.

The board is owner-elected with ordinary 67% amendment rules, but Commercial Unit CU-1 holds a perpetual, deed-level monopoly on rental-management, front-desk, food/beverage and advertising on the common elements that is protected from rules and amendments without its consent and a unanimous owner vote, and owners waived jury trial in favor of arbitration.

StructureOne association
Commercial unitYes, with its own deed rights
Board3 to 5 directors elected by the members (directors need not be members); initial staggered 3/2/1-year terms, then 2-year terms; nominating committee plus floor nominations; any director removable with or without cause by majority vote of the membership; a director 30+ days delinquent or with 3 unexcused absences may be removed by the Board. Officers elected annually by the Board. Board meetings open to members, with executive sessions allowed. Audited annual report to members within 120 days of fiscal year end (By-Laws Art. III and IV). The 2014 Third Amendment was executed by the owner Association itself, showing an owner-run board by then.
Developer rightsGrantor (Landmark, LLC, and assigns such as Landmark Phase II Development, Inc.) reserved the right to add Phases II-VI without owner consent until March 1, 2026 (now expired per Art. III and XXIX), to correct scrivener's errors unilaterally, to use units for sales/marketing while it owned any unit, to submit additional-phase units to timeshare, and to grant utility easements. Any amendment touching Grantor rights needs the Grantor's written consent; rules affecting the commercial unit do not bind the Grantor/CU owner without its written consent (Art. XV). Grantor or an affiliate may be hired as managing agent (By-Laws Art. III Sec. 17).
Commercial-unit rightsCommercial Unit CU-1 (6.976% interest; lobby front desk, reservations, restaurant, pub, gift shop, laundry, housekeeping, meeting rooms, service elevator) holds: the exclusive right to conduct commercial activity on the common elements including rental management, reservations, key pick-up/drop-off, front desk, concierge, cable/internet/telephone services, food and beverage, retail on pool decks and rooftops, signage and 'child activity programs' (Art. XIV); a perpetual exclusive easement for advertising, signage, food and beverage and any other commercial activity over corridors, elevators, building exterior and parking garage (Exhibit B); control of movable signage and ownership of the telephone switchboard (Art. VIII); the right to alter CU-1 without Board consent (Art. XIX); exclusive use of maid closets; the right to specifically enforce Art. XIV against the Association and owners with fee-shifting (Art. XXX F); and protection from any rule or amendment that diminishes these rights without its and the Grantor's written consent (Art. XV, XXIX). The Association must still maintain the meeting rooms' HVAC, utilities, doors, service elevator and lighting at common expense (Art. XXII, unamendable without Grantor consent). CU-1 owner took on one-time repair obligations in 2004 (boilers, roofs, pool deck, painting overage) per Art. XXXVII.
VotesOne vote per unit, weighted by the unit's percentage of undivided interest in the common elements (Exhibit C as amended); co-owners designate one voting member; proxies allowed if delivered 48 hours before the meeting; quorum 51% of total vote; majority means more than 50% of total percentage interest; special meetings on petition of 5% of votes (By-Laws Art. II).
Changing the deedMaster deed: proposed by board majority or members holding 25% of interest, adopted by members owning at least 67% of undivided interest at a special meeting (written votes accepted 48 hours ahead); unanimous consent of owners and mortgagees to change percentage interests or assessment basis; Grantor and commercial-unit consent for their reserved rights; termination requires unanimous owners and lienholders (Art. XXVIII-XXIX). By-laws: 67% of total votes, recorded to be effective (By-Laws Art. VI Sec. 6).
Disputes or lawsuitsNo lawsuit, complaint or dispute is referenced in any document on file. The master deed contains a jury-trial waiver (Art. XXXVIII) and a mandatory binding arbitration clause before a three-arbitrator AAA panel in Horry County for all claims about interpretation, enforcement, design or construction, excluding Association collection suits (Art. XXXIX). Budget legal line is only $6,000 for 2026.
What the documents say (10)
“The number of Directors in the ASSOCIATION shall not be less than three (3) nor more than five (5), as provided below.”By-Laws of Landmark Homeowners' Association, Inc. (Exhibit E), Article III, Section 2, page 4
“Any Director of the ASSOCIATION may be removed, with or without cause, by a vote of the Voting Members with a majority vote of the membership.”By-Laws of Landmark Homeowners' Association, Inc. (Exhibit E), Article III, Section 5, page 5
“At such meeting, the amendment or amendments proposed must be approved by an affirmative vote of MEMBERS owning at least sixty-seven (67%) percent of the undivided interest in the COMMON ELEMENTS of the Condominium in order for such amendment or amendments to become effective.”Master Deed for Landmark Horizontal Property Regime (2004), Article XXIX, page 28
“Provided, however, any such rules or regulations that purport to diminish, abrogate or in any way affect the COMMERCIAL UNITS, including the LIMITED COMMON ELEMENTS appurtenant thereto or other rights reserved herein in favor of the GRANTOR, its successors and assigns relative to the UNITS, COMMERCIAL UNITS, COMMON ELEMENTS, LIMITED COMMON ELEMENTS or any other portion of the Condominium shall not be binding upon the GRANTOR, its successors and assigns, unless and until the GRANTOR consents in writing to the same.”Master Deed for Landmark Horizontal Property Regime (2004), Article XV, page 14
“Furthermore, a perpetual, appurtenant, exclusive easement for advertising, signage, food and beverage service and any other commercial activity is hereby reserved over the corridors, passageways, elevators, building exterior, parking garage and other COMMON ELEMENTS, which easement is a LIMITED COMMON ELEMENT for the exclusive use and benefit of UNIT CU-1 and the owner thereof.”Master Deed for Landmark Horizontal Property Regime (2004), Exhibit B, page 42
“The OWNER of UNIT CU-1 shall have the right to specifically enforce the provisions of Article XIV restricting the right and authority of the ASSOCIATION or the OWNERS of RESIDENTIAL UNITS to conduct commercial activities.”Master Deed for Landmark Horizontal Property Regime (2004), Article XXX F, page 30
“The GRANTOR may elect to exercise this right or option as to Phases II through VI, or any one or more of them, no later than March 1, 2026.”Master Deed for Landmark Horizontal Property Regime (2004), Article III, page 5
“GRANTOR HEREBY DECLARES, ON BEHALF OF ITSELF, THE ASSOCIATION, AND ANY OWNER OF A UNIT, THAT ANY AND ALL RIGHT TO TRIAL BY JURY SHALL BE WAIVED BY GRANTOR, THE ASSOCIATION, OR ANY OWNER OF A UNIT IN ANY DISPUTE, PROCEEDING, CASE OR CONTROVERSY ARISING UNDER OR RELATED TO THE WITHIN MASTER DEED.”Master Deed for Landmark Horizontal Property Regime (2004), Article XXXVIII, page 35
“WHEREAS, at a Special Member's Meeting, at which a quorum was duly constituted, by proxy, the members of Landmark Homeowners' Association, tnc, approved by at least 67% this Third Amendment to the Master Deed.”Third Amendment and Supplement to Master Deed (2014), Recitals, page 1
“Phase IT of the Condominium consists of Two Hundred Thirty-One (231) residential UNITS created from the division of former Commercial UNIT CU-2.”First Amendment to Master Deed (2005), Exhibit B-2, page 4
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

  • The deed expressly protects every owner's right to rent or lease the unit, with no minimum stay, no rental cap and no requirement to use the on-site program (Master Deed, Art. XIV, pp. 12-13).
  • The deed recognizes owner-hired 'rental managers and their agents', so an off-site manager or self-management is contemplated (Master Deed, Art. XVII, p. 15).
  • The Association itself is barred from going into the rental-management business, so the board is not a competing rental program (By-Laws, Art. I Sec. 4, p. 1).
  • Guests, licensees and invitees of owners get a perpetual easement over all common elements, which include the pools, lazy rivers, saunas, pool decks and exercise room (Master Deed, Art. VII p. 9 and Art. IV p. 7).
  • Owners may use independent daily or weekly maid contractors (Master Deed, Art. XIV, p. 13).
  • Dues cover in-unit electricity for lighting, heat and AC, water/sewer, cable TV and internet, trash, monthly pest control and building insurance (Master Deed Art. XXXVI G.2, p. 32; 2026 Budget p. 1).
  • No special assessment is referenced in any document, and building insurance rose only about 2.2% from 2025 to 2026 (2026 Budget, p. 1).
  • Reserve contribution is $800,000, 13.3% of the 2026 budget, with a separate reserve fund required by the deed (2026 Budget p. 1; Master Deed Art. XXVII D, p. 24).
  • Owner-elected board of 3-5, directors removable by simple majority, open meetings and an audited annual report within 120 days of year end (By-Laws, Art. III Secs. 2, 5, 14, 18, pp. 4-9).
  • Owners proved they can pass a 67% deed amendment by proxy in 2014 (Third Amendment, Recitals, p. 1).
  • The developer's option to add more phases expired March 1, 2026 (Master Deed, Art. III, p. 5).

Watch-outs

  • Deed-level monopoly: only Commercial Unit CU-1 may run front desk, reservations, key pick-up/drop-off, concierge or rental-management services on the common elements, and owners 'are restricted against using any part of the COMMON ELEMENTS to engage in the business of renting' - this cannot be amended without the Grantor's consent and a unanimous owner vote (Master Deed, Art. XIV, p. 13).
  • CU-1 holds a perpetual exclusive easement for advertising, signage, food and beverage and 'any other commercial activity' over corridors, elevators, building exterior and the parking garage, and the Grantor/CU-1 may impose rules on how owners use the Landmark name and photos in rental ads (Master Deed, Exhibit B p. 42; Art. VII p. 9).
  • Rules that would limit the commercial unit are not binding without the Grantor's written consent, and CU-1 can sue the Association or owners to enforce its monopoly with fee-shifting (Master Deed, Art. XV p. 14; Art. XXX F p. 30).
  • Only CU-1 may use the on-premises maid closets, so an owner's cleaners must bring supplies in and out (Master Deed, Art. XIV, p. 13).
  • If assessments go 90+ days past due, a renting owner must remit all rental income directly to the Association until current (Third Amendment 2014, para. 1, p. 2).
  • Dues jump about 11% for 2026 (e.g., $857 to $951/month for a 0.1893% oceanfront suite), the contingency line rises from $12,500 to $200,000 and a new $50,000 insurance-claims line appears (2026 Budget, pp. 1-2).
  • Insurance is 26.6% of the budget at $1.6 million, and wind/named-storm deductibles are not disclosed anywhere on file (2026 Budget p. 1; Master Deed Art. XXIV).
  • Reserve funding is 13.3%, below the 15% benchmark, with no reserve study or balance on file for towers built in 1973 and 1996 that owners accepted 'as is' (2026 Budget p. 1; Master Deed Art. XXXVII, p. 34).
  • The board may borrow to cover budget shortfalls without a member vote (By-Laws, Art. III Sec. 19, p. 9).
  • Smoking is banned on all common areas including decks and elevators, the owner is liable for guests' violations under a Board fine schedule that is not on file (Smoking Resolution, p. 2).
  • Pets need the Board's express written consent (Master Deed, Art. XV, p. 14).
  • Owners may have to deposit a unit key with the Association and must allow monthly in-unit pest-control entry (Master Deed, Art. XVII-XVIII, p. 15).
  • All disputes are subject to a jury-trial waiver and binding three-arbitrator AAA arbitration (Master Deed, Arts. XXXVIII-XXXIX, pp. 35-37).
  • The deed treats 'assessments made by the Master Association in accordance with the Master Declaration' as a common expense, but no master declaration is on file or identified (Master Deed, Art. XXXVI G.4, p. 33).
  • The file labeled 'Rules and Regulations' is only a smoking resolution; the actual check-in, parking pass, guest and fine rules for this hotel-style resort are not on file, and the 2009 Second Amendment is missing (Smoking Resolution 2018; Third Amendment 2014, Recitals, p. 1).
  • Fines for an occupant's violation fall on the owner if the guest does not pay, and the Association may tow vehicles without a hearing (By-Laws, Art. III Sec. 21, p. 10).
04 The money

What you pay, and where it goes.

An HOA fee is a share of a budget. The budget tells you whether the fee is buying upkeep or catching up on it.

Regular assessments, 2026

Unit typePer monthPer year
Deluxe OF Executive Suite (N,O) - 64 units - 0.2259%$1,135$13,620
Deluxe Angle OF Executive Suite (P) - 37 units - 0.2026%$1,018$12,216
Oceanfront Executive Suite (L,M) - 118 units - 0.1893%$951$11,412
Angle OF Executive Suite (G,Q,R) - 38 units - 0.1794%$902$10,824
Commercial Unit CU-1 - 1 unit - 6.976%$35,041$420,492
Oceanfront Unit #1528 (AH) - 0.3056%$1,536$18,432
Oceanfront Unit #1530 (AI) - 0.289%$1,452$17,424
Oceanview #1501, 1509, 1519 (AJ) - 3 units - 0.2691%$1,352$16,224
Oceanview #1505, 1515, 1523 (AK) - 3 units - 0.2525%$1,269$15,228
Oceanfront Efficiency Stack 26 (AE, AS) - 13 units - 0.186%$935$11,220
Oceanfront Stacks 28-31 (AA) - 48 units - 0.1827%$918$11,016
Oceanfront King Stack 27 (AD, AF) - 13 units - 0.1794%$902$10,824
Oceanview (AB) - 126 units - 0.1362%$685$8,220
Courtyard (AC) - 105 units - 0.0864%$434$5,208

What the dues cover

Electricity for lighting, heating and air conditioning of all units (Master Deed Art. XXXVI G.2; 2026 Electricity $596,312)Water/sewer ($387,725)Cable TV & internet ($210,029)Trash removal ($64,635)Monthly in-unit pest control ($31,909)Building casualty/liability insurance on units and common elements ($1,605,014)Security services and monitoring ($378,000)Elevator, fire system, generator/boiler and pool maintenance; contract maintenance and janitorialFuel ($170,674) and management services ($137,257)General reserves contribution ($800,000)

Where the budget goes

Insurance Expense$1,605,014 · 27%
General Reserves Contribution$800,000 · 13%
Contract Maintenance$624,006 · 10%
Electricity$596,312 · 10%
Water/Sewer$387,725 · 6%
Security Services$325,000 · 5%
General Maintenance/Materials$300,000 · 5%
Cable TV & Internet$210,029 · 4%
The figures, in the documents' words (10)
“Units: 570 Condo units / 1 Commercial unit ... Regular Assessments 5,429,166.26$ 6,027,612.48$”Landmark HOA 2026 Operating Budget (10/17/2025), Page 1, header and Income
“Insurance Expense 1,570,000.00$ 1,605,014.42$ / Insurance Claims 50,000.00$”Landmark HOA 2026 Operating Budget (10/17/2025), Page 1, General & Administrative
“General Reserves Contribution 760,000.00 800,000.00 / Contingency / Budget Shortfall 12,500.00 200,000.00”Landmark HOA 2026 Operating Budget (10/17/2025), Page 1, Other Expenses
“118 Oceanfront Executive Suite (L,M) 0.001893 857.00$ 951.00$”Landmark HOA 2026 Operating Budget (10/17/2025), Page 2, Landmark Regular Assessment Fees (monthly)
“Expenses declared common expenses by provisions of this Master Deed, including electricity charges for lighting, heating and air conditioning all units”Master Deed for Landmark Horizontal Property Regime (2004), Article XXXVI G.2, page 32
“Any and all assessments made by the Master Association in accordance with the Master Declaration.”Master Deed for Landmark Horizontal Property Regime (2004), Article XXXVI G.4, page 33
“The Board of Directors of the ASSOCIATION, in establishing said annual budget for the operation, management and maintenance of the Condominium shall include therein a sum to be collected and maintained as a reserve fund for replacement of COMMON ELEMENTS”Master Deed for Landmark Horizontal Property Regime (2004), Article XXVII D, page 24
“Granter hereby discloses, and by acceptance of a deed conveying a UNIT each OWNER of a UNIT hereby acknowledges, that the construction of the buildings comprising the Condominium were constructed in 1973 and 1996.”Master Deed for Landmark Horizontal Property Regime (2004), Article XXXVII, page 34
“Based upon this investigation, Grantor has made an initial contribution in the amount of $251,500.00 to the ASSOCIATION as reserves for replacements and repairs of components of the buildings”Master Deed for Landmark Horizontal Property Regime (2004), Article XXXVII, page 34
“The Board of Directors shall have the power to borrow money for the purpose of repair or restoration of the Common Areas or for the purpose of funding budgetary shortfalls, without the approval of the membership”By-Laws of Landmark Homeowners' Association, Inc. (Exhibit E), Article III, Section 19, page 9
05 Rules your guests will feel

What to put in the house manual.

Fines for these land on the owner, not the guest.

PetsHousehold pets only with the express written consent of the Board, subject to Board rules that may exclude any type; no breeding or commercial purpose; a nuisance pet must be permanently removed on three days' written notice (Master Deed Art. XV).
SmokingSmoking prohibited on all common areas except a designated smoking area, expressly including recreation buildings, pools, landscaped areas, hallways, elevators and decks; owner responsible for residents, guests and invitees; fines per Board schedule (Board resolution adopted January 9, 2015, recorded 12/04/2018). In-unit smoking is not addressed.
ParkingEight-story parking garage across Ocean Boulevard (connected by pedestrian bridge), below-street garage under both towers and surface parking are common elements (Exhibit B). Grantor reserved the right to relocate parking during construction (Exhibit A). Association may tow vehicles violating parking rules (By-Laws Art. III Sec. 21(d)). No pass, decal, per-unit limit or fee is stated in any document on file.
Grillsunstated - family cookouts and picnics on common elements are allowed as non-commercial use subject to Association rules (Art. XIV); no grill rule on file
AlsoNo timeshare/interval ownership except as the Grantor may have created in additional phases (Art. XIV). No signs visible from the exterior, including 'For Sale' signs; no antennas or satellite dishes on balconies; no clotheslines; uniform window-treatment backing; balconies may hold only normal patio furniture and may not be enclosed or used for storage; no exterior changes, storm panels or awnings without written Association consent; structural changes need Association (and Grantor, while it owns units) consent (Art. XIX). No nuisance, no use that raises insurance rates (Art. XVI). Units may not be subdivided or combined (Art. V). Residential use only except commercial units (Art. XIV).
06 Before you write an offer

What to ask the association for.

The documents we had leave these open. Ask for them in the due-diligence period and the score firms up.

Documents read October 2026. Full read: Deed, rules and the money were all on file.

Read this before relying on anything aboveEvery statement on these pages is read from the association's own recorded documents, named on the page, as they stood on the date shown. Boards amend rules, budgets change every year, and a recorded amendment can change a score overnight. Confirm anything you would rely on with the association or your closing attorney before you write an offer. This is not legal, tax or investment advice.
The next step

Have the documents read
for the building you are weighing.

This page says what the association's documents allow, require and cost. It cannot tell you which unit is listed this week, or what the seller's estoppel will say. Tell us the resort and we will read its documents against this framework, or pull them if you are under contract.

We use the numbers on this page to answer you specifically. No list, no drip sequence — a person reads it.