Myrtle Beach Resort 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.

Deed-protected right to rent for any period with no on-site program, minimum stay or manager requirement, tempered only by rental-agent registration, a 23+ occupant rule for under-90-day stays and a total sign ban.

Short-term rentalsAllowed

Must use on-site programNo

Owner may rent it personallyYes

Off-site manager allowedYes

Owner-use limitsNone stated. Residential use only; leasing for residential purposes is expressly not a 'business'. Under-90-day leases must include an occupant aged 23+ (organized youth groups excepted with one 23+ chaperone per ten minors); 90-day-plus leases need an occupant 21+. No apartment may be sold, leased or marketed under any time-share, interval or multiple-use plan without the Declarant's written consent.

RegistrationOwner must give Management the name and contact information of their rental agent and is responsible for the rental company's compliance and for timely reporting of unit damage (Rules Art. V(c)). A key or key code must be on file with the Association (Rules Art. II §6(a), §19). Service/emotional-support animals require 30-day advance registration, and ESAs are not available to short-term guests. Utility-trailer entry requires advance notice to Management for the MBR HOA security gate. No gate pass or wristband registration process for guests is described.

Advertising rulesNo signs whatsoever may be installed on the building, common areas or any part of a unit visible from the exterior (Rules Art. II §17); the Master Deed bars signs, advertisements or notices on common elements or apartments except as the Board consents (Art. XII §3(d)). No rules on use of the resort name, photos or online listings.

Disclaimer in your listingNot required

Vote to change rental rulesRental rights sit in the Master Deed (Art. XI), which can be amended only by 67% of all Voting Members (Art. VI), and no amendment may change Declarant rights without Declarant consent. Rules and Regulations may be changed by the Board alone on 30 days' written notice (Rules Preamble, Art. IX §1) but cannot override the deed ('In the event the RULES conflict with any provisions of the MASTER DEED, the MASTER DEED shall prevail').

What the documents say (9)

“nothing herein contained nor any present or further action by the Council of Co-Owners or its Board of Directors shall prevent any Co-Owner from leasing or renting his Apartment for such period or periods as he shall determine in his sole discretion to third parties; provided, however, such Apartment shall, if so rented or leased, be used for residential purposes only by such lessee or renter and in compliance with this Master Deed and its Exhibits, the Act and Rules and Regulations properly promulgated.”Master Deed of Myrtle Beach Resort Five Seasons Centre HPR, Article XI Use and Occupancy, page 15

“Such renter or lessee may be removed from the Property and/or refused further entrance by the Board of Directors of the Association or its designee for non-compliance, and the Co-Owner of that Apartment shall be liable for ~11 damages caused by his lessee or renter and all costs of removal which shall be a lien upon his Apartment the same as the lien for unpaid Common Expenses.”Master Deed of Myrtle Beach Resort Five Seasons Centre HPR, Article XI, page 15

“Notwithstanding the foregoing, all Unit Owners expressly agree to allow Declarant and Declarant expressly reserves the right for itself, in its sole discretion, or any successor in interest to the Declarant as developer of the Regime to sell, commit and/or convey any Apartment under any plan of multiple use, interval ownership or time sharing arrangement; provided, further, no Apartment may be sold, leased or otherwise marketed under any plan of multiple use, interval ownership or time sharing arrangement without express written consent of Declarant.”Master Deed of Myrtle Beach Resort Five Seasons Centre HPR, Article XI, page 15

“Leasing a UNIT for residential purposes shall not be considered a "business" within the meaning of this Section 1 .”MBR Five Seasons Centre Rules and Regulations (2022), Article II Section 1, page 3

“c. 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.)”MBR Five Seasons Centre Rules and Regulations (2022), Article V Leasing, page 8

“(2) Each UNIT leased for a term of fewer than Ninety (90) days must be occupied by at least one person who has attained the age of twenty three (23) years as of the beginning of the lease term, subject to (3) below.”MBR Five Seasons Centre Rules and Regulations (2022), Article V(d) Lease Restrictions, page 8

“Section 17. Signs. No signs whatsoever 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”MBR Five Seasons Centre Rules and Regulations (2022), Article II Section 17, page 5

“Section 6. Each Apartment, other than any Apartment owned by Declarant or designated as a Commercial Unit shall be utilized for residential purposes only, provided, however, such shall not prevent rent or lease of his Apartment by a Co-Owner to a lessee or renter to use for residential purposes.”By-Laws of the Myrtle Beach Resort Five Seasons Centre Council of Co-Owners, Article XII Section 6, Exhibit 3-6

“This Master Deed may be amended at the regular or any special meeting of the Association of the Regime, called and convened in accordance with the Bylaws, upon the affirmative vote of sixty-seven (67%) percent of all the Voting Members of the Association”Master Deed of Myrtle Beach Resort Five Seasons Centre HPR, Article VI Amendment of the Master Deed, page 8

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 get every Five Seasons amenity and resort-wide access by rule and deed, but there is no front desk, the owner handles keys and gate logistics, gate/pass terms are undocumented, pets are banned outright, and both the Five Seasons deed (guest fee hook) and the 1982 resort deed (beach/oceanfront-amenity access 'subject to reasonable fees') let fees be charged for use.

Amenities for your guestsSame as program guests

Wristbands & parking passesNot described for Five Seasons. Parking spaces are unreserved and unnumbered and the deed grants a resort-wide parking easement to all owners, occupants and visitors within Myrtle Beach Resort. The security gate is controlled by the master MBR HOA; rental guests may bring motorcycle trailers only during official Bike Weeks 'subject to an entry fee at the security gate', guests may never bring utility trailers, and owners must notify Management in advance so the gate is told. Guest passes, wristbands and their cost are unstated (MBR HOA documents are not in the set). The Master Deed also lets the Board require its express permission and 'the payment of a fee' before guests and invitees of an occupant (and an owner whose unit is occupied by someone else) use the common elements. Beach and oceanfront-amenity access for Five Seasons occupants rests on easements the original resort deed reserved for owners of the land between the A regime and U.S. Highway 17: access across the A regime to the Atlantic Ocean and to 'amenities and facilities within the Regime' is by easement and license only, and 'such users may be required to pay reasonable fees commensurate with such use' (Reference Master Deed, Art. XIX(J), p. 30; Art. XIV, p. 22). Whether any such fee is charged today is unstated.

Check-inunstated (no front desk or check-in procedure appears in any document; owner handles keys, and a key or key code must be on file with the Association)

TrashBagged household trash goes in on-site dumpsters; nothing may be left on balconies or around the trash enclosure; furniture, appliances, mattresses and similar must be taken to an off-site facility at the owner's expense; owner pays for any common-element damage caused by trash removal; non-compliance fined under Exhibit A.

Elevatorsunstated; all residential buildings are three floors and no elevator or service-elevator rule exists in the Five Seasons documents

Housekeeping & linenunstated. No housekeeping or linen service is described. Washers and dryers may not be installed in any unit (grandfathered ones must be removed at sale); Phase II has common laundry rooms and the budget shows Laundry/Vending Income, so laundry is presumably coin-operated on site. Commercial Unit C consists of three 'housekeeping rooms' in Building C, owner/operator unstated.

What the documents say (10)

“The amenities at MBR Five Seasons Centre 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 for a period of up to thirty (30) days.”MBR Five Seasons Centre Rules and Regulations (2022), Article VI Recreational Amenities, pages 8-9

“Any Occupant may use the Common Elements reserved for the use of the Apartment he occupies during the time such Occupant is actually'in residence in the Apartment. Guests and invitees of an Occupant of an Apartment and the Co-Owner of an Apartment (while another occupies his Apartment) may only use the Common Elements, including facilities under the Long Term Lease, with the express permission of the Board of Directors and subject to such terms and conditions as the Board of Directors may specify in its sole discretion, including the payment of a fee for the use thereof.”Master Deed of Myrtle Beach Resort Five Seasons Centre HPR, Article III Property Rights §3, page 5

“Developer does, by the recording of this Master Deed, give the Council of Co-Owners, the present and future Co-Owners thereof, all Occupants of the Apartments and their successors and assigns, non-exclusive easements and licenses of use of the pathways, streets and xoads (togethex with roadside and entrance areas), paved areas and recreational· facilities and amentities of the Resort (herein •~esort facilities").”Master Deed of Myrtle Beach Resort Five Seasons Centre HPR, Article XVIII The Myrtle Beach Resort, pages 23-24

“Parking spaces shall not be reserved solely for the use of Occupants of any particular Apartment nor shall they be numbered. Further, Declarant hereby reserves unto itself (including the right to grant to others) and grants to all present and future Owners of real property interests within, Occupants of and visitors within Myrtle Beach Resort (as hereafter described) an easement for vehicular parking upon the parking spaces within the Regime”Master Deed of Myrtle Beach Resort Five Seasons Centre HPR, Article III §5, page 5

“Rental guests are only allowed motorcycle trailers during official designated Bike Weeks and are subject to an entry fee at the security gate controlled by the Myrtle Beach Resort HOA (Master) Association.”MBR Five Seasons Centre Rules and Regulations (2022), Article II Section 24, page 6

“Guests are not allowed entry with a utility trailer at any time of the year. Vehicles may not be stored or parked long-term in any Five Seasons parking area.”MBR Five Seasons Centre Rules and Regulations (2022), Article II Section 25, page 6

“Section 1 4. Trash. Refuse, rubbish and garbage shall be disposed of in a secured, heavy duty plastic bag and deposited in dumpsters located on the property. No refuse, rubbish, or garbage shall be placed on the balconies, around the trash enclosure or on the floor of the trash enclosure, etc. at any time or for any reason. Discarded household items such as, furniture, appliances, monitors, screens, beach chairs, paint cans, mattresses etc. must be disposed of at a proper off-site location at the owner's expense.”MBR Five Seasons Centre Rules and Regulations (2022), Article II Section 14, page 4

“(s) The maximum number of swimmers allowed in the clubhouse in/out pool and spa is 75. The 6000 courtyard pool maximum number is 25.”MBR Five Seasons Centre Rules and Regulations (2022), Article VI Section 1(s), page 10

“Declarant presently holds certain options to purchase certain real property lying between the Regime (as it will be comprised upon inclusion of all phases, if included) and U. S. Highway 17. Declarant, its successors and assigns may, but are not required to, use such for commercial development and/or multi-family development. As a consequence, Declarant reserves unto itself, its successors and assigns, the right to grant unto itself and owners and/or occupants of said real property easements for ingress and egress across areas of the Regime suitable for such purposes for access to the Atlantic Ocean and its beaches, and to amenities and facilities within the Regime, together with licenses to use such facilities and amenities provided such users may be required to pay reasonable fees commensurate with such use.”Master Deed of Myrtle Beach Resort HPR (1982 resort-level reference deed), Article XIX Miscellaneous Provisions, paragraph J, page 30

“the right to grant to others (including owners, occupants and users of other properties, facilities and horizontal property regimes within the Resort or in proximity thereto) easements for access and for ingress and egress across portions of the Submitted Property suitable for such purpose, for pedestrian and vehicular purposes and for utility services and drains, and easements and licenses of use of the beach area, and amenities and facilities of the Regime, provided any grant of use(s) of facilities or amenities shall require the grantee(s) thereof to pay fees commensurate with such use(s) for such use(s).”Master Deed of Myrtle Beach Resort HPR (1982 resort-level reference deed), Article XIV, page 22

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.

Little beyond normal hosting - dumpsters on site, no elevators, no local-contact or response rule - but the owner must lodge a key with the Association, register the rental agent, post the rules, absorb tenant fines, and cope with the in-unit washer/dryer ban.

Local contactunstated as a requirement; the only related rule is that owners must give Management the name and contact information of their rental agent (Rules Art. V(c)).

Locks & keysOwner may replace knobs, deadbolts and locks, but 'A key or key code must be provided to the Association for emergencies or maintenance' and 'No OWNER nor tenant shall alter any lock or install new locks on any door without providing the ASSOCIATION access to their unit' (Rules Art. II §6(a), §19). The Master Deed gives the Board a right of entry for maintenance, emergencies and compliance checks (Art. XII §3(c)). No master-key system is mandated at Five Seasons (unlike the A Building regime).

FinesOwner is 'ultimately responsible' for fines caused by tenants (Rules Art. V(a), VII(d)). Exhibit A Fine Policy: general violations up to $100 per day or per occurrence; pet violations $100 per occurrence and unapproved emotional support animal $50 per day until removed; health and safety violations (fireworks, throwing items from balconies, trash accumulation, glass at pool, flood/fire threat) up to $500 per occurrence; maximum annual fine $1,500; 15-day written hearing request window; owner liable for enforcement costs including attorneys' fees. Board may also suspend amenity use for up to 30 days and, for unpaid assessments, deny occupancy and common-element use (MD Art. III §3). Willful violations litigated by the Association carry attorneys' fees (MD Art. XIX §9).

Contractors & vendorsNo in-unit contractor work unless the owner first gives the Association proof of a valid contractor/specialty licence plus liability and workers' compensation certificates; contractors must wear ID, display a parking permit, remove debris by 6:00 p.m. daily; work hours 8:00 a.m.-5:00 p.m. Monday-Saturday, none on Sunday; owners may not hire contractors to touch common elements or direct Association contractors (Rules Art. IV). Interior wall, plumbing or electrical changes need written Association approval; exterior changes (screen/storm doors, window treatments, etc.) need MBR HOA (master) written approval via Management (Rules Art. III).

AlsoOwner must repair/maintain all interior and exterior doors, windows, screens, glass, HVAC, water heater and appliances (MD Art. XII §3(a)); water heaters must be replaced at end of useful life, recommended every 10 years (Rules Art. II §8). Washers and dryers are banned in units since January 20, 2022 (grandfathered units must remove them before any sale). Owners 'should' post the Rules in the unit and notify tenants that fines apply (Rules Art. VII(d)). Carpet replacement, telephone and individually-billed utilities are owner costs. Reconstruction after casualty is compulsory and any uninsured shortfall is split equally among the affected apartments (MD Art. X §6-7). Hurricane-season items (storm shutters, screens) need Board/master approval.

What the documents say (10)

“a. An OWNER may replace door knobs, handles, deadbolts and locks and may install reinforcement plates on door frames. A key or key code must be provided to the Association for emergencies or maintenance. See Section 19.”MBR Five Seasons Centre Rules and Regulations (2022), Article II Section 6(a), page 3

“No OWNER nor tenant shall alter any lock or install new locks on any door without providing the ASSOCIATION access to their unit.”MBR Five Seasons Centre Rules and Regulations (2022), Article II Section 19 Right of Access, page 6

“a. 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.”MBR Five Seasons Centre Rules and Regulations (2022), Article V Leasing (a), page 8

“ALL VIOLATIONS SHALL BE THE FINAL RESPONSIBILITY OF THE OWNER. MAXIMUM ANNUAL FINE AMOUNT IS $1500.00. (1) GENERAL VIOLATIONS: Subject to fines, not to exceed $10 0.00 per day or per occurrence (up to the maximum annual amount). (2) PET VIOLATIONS: Subject to a $100.00 fine per occurrence. Pets are not allowed and considered a nuisance and will be remov ed from the property in accordance with the Master Deed. Unapproved Emotional Support Animal is subject to a $50.00 fine per day until removed. (3) HEALTH AND SAFETY VIOLATIONS: Subject to fines, not to exceed $500.00 per occurrence”MBR Five Seasons Centre Rules and Regulations (2022), Exhibit A Fine Policy, page 11

“Section 1. Owner Duties. No repairs, renovations or construction work shall be performed inside a UNIT by c ontractors, 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.”MBR Five Seasons Centre Rules and Regulations (2022), Article IV Contractors Section 1, page 8

“Section 3. Work Hours . Work hours shall be observed fr om 8:00 a .m. until 5 :00 p.m. Monday through Saturday. No work is allowed on Sunday.”MBR Five Seasons Centre Rules and Regulations (2022), Article IV Section 3, page 8

“Amendment dated August 29, 2022: Washers and dryers are not allowed to be installed in any Myrtle Beach Resort Five Seasons Centre condo as of January 20, 2022.”MBR Five Seasons Centre Rules and Regulations (2022), Article III Architectural Control, page 7

“At any point in the future, when the condo is sold or transferred to a new owner, the washer and dryer must be removed prior to closing. The new owner is not allowed to keep the existing washer and dryer or install a new washer and dryer.”MBR Five Seasons Centre Rules and Regulations (2022), Article III Architectural Control, page 7

“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.”MBR Five Seasons Centre Rules and Regulations (2022), Article VII(d), page 10

“The Association shall have the right to deny any Co-Owner or Occupant the right to use the Common Elements for a period not to exceed thirty (30) days for a violation of the rules and regulations promulgated for the use of the Property. If a Co-Owner fails to pay an Assessment for the period specified herein, the Association may deny such Co-Owner or any Occupant of that Co-Owner's Apartment the right to occupy that Apartment and the right to use the Common Elements until such time as all Assessments are paid.”Master Deed of Myrtle Beach Resort Five Seasons Centre HPR, Article III §3, page 5

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 were flat and inclusions are broad, but insurance is 25% of the budget and rising, 20% passes through to an undocumented master HOA, and 38% of what owners pay services an unexplained 'SAB Loan Plan' with no reserve balance or study in the set.

2025 budget$1,519,307

Dues change+0.0% on the year

Reserves58% of budget

Reserve studyOn file

Special assessmentsNone in the documents

Insurance2025 budget line 'Insurance Expense 377,992 - 24 Actual $343,629 + 10%' (2024 budget $357,228; +5.8% budget-to-budget, +10% over 2024 actual). Insurance is billed to owners as a separate 'Insurance Assess' income line and, under Master Deed Art. X §3, premiums are 'paid separately and to the Insurance Trustee by each Co-Owner' monthly; the 1985 trustee named is Mellon Bank, N.A. Commercial unit owners may opt out of the master policy. Current carrier, deductibles and policy limits are not in the set.

Floodunstated whether a flood policy is carried; the Master Deed (Art. X §1) requires the master policy to insure against fire, earthquake, flood, vandalism and windstorm at not less than 115% of replacement cost, with a self-insurance fund for deductibles

Passes through to a master association20% of the budget

DelinquencyBudget: Uncollectible Assessments $12,000 (0.8% of budget) and Late Fees/NSF income $800. Master Deed Art. IX / By-Laws Art. XII §2: late charge of $10 or 10% of the amount due (whichever is greater) after 10 days, interest, collection costs and attorneys' fees, lien on the apartment foreclosable like a mortgage; Board may suspend membership (By-Laws XVI §3) and deny occupancy and common-element use until paid (MD Art. III §3). A working-capital contribution equal to one month's assessment is collected at each closing (MD Art. XIX §1). Actual delinquency rate unstated.

What the documents say (12)

“Regular Assessments 1 1,932,071$ 1,910,982$ Projected Regular Assessment Reserve Funding 2 (851,859) (873,155) Based on SAB Loan Plan Prior Yr Carryover 3 - 67,391 Unspent PY Assessments Insurance Assess 4 357,228 377,992 24 Actual $343,629 + 10%”MBR Five Seasons Operation Budget 2025, Page 1, Income

“Total Income 1,473,538$ 1,519,307$”MBR Five Seasons Operation Budget 2025, Page 1

“Management Services ## 49,470 54,015 New Exclusive Manager”MBR Five Seasons Operation Budget 2025, Page 1, General & Administrative

“Building Maintenance ## 100,000 70,000 Reduced 30% Phase 1 Finished”MBR Five Seasons Operation Budget 2025, Page 1, Repairs & Maintenance

“MPOA Assessments ## 286,703 301,391 5% Increase Owned Unit Assessmnt ## 37,416 38,000 2% incease Reserve Study ## - - No study needed 2025”MBR Five Seasons Operation Budget 2025, Page 2, Other Expenses

“Insurance premiums are and shall be a part of the Common Expenses; provided, however, they shall be paid separately and to the Insurance Trustee by each Co-Owner at such address as it shall designate.”Master Deed of Myrtle Beach Resort Five Seasons Centre HPR, Article X Insurance §3, page 12

“The Co-Owners shall each be members of The Myrtle Beach Resort Homeowners Association and as such shall pay pro rata with the Owners of other dwelling Apartments and other interests in real property within the Resort who shall be given similar easements and license of use all costs of maintenance, upkeep and repair arising out of or associated with the Resort Facilities as such exist from time to time; such costs to include, but not be limited to, providing management supervision and control thereof, property taxes, insurance, maintenance and reserve funds and all other costs connected or associated therewith (herein collectively "Resort Expenses").”Master Deed of Myrtle Beach Resort Five Seasons Centre HPR, Article XVIII The Myrtle Beach Resort, page 25

“There is appurtenant to each two bedroom Apartment an undivided .6977 percent ownership in the Common Elements of the Property and share in the Common Expenses and Assessments and Common Surplus of the Regime.”First Amendment to Master Deed (Phase II), Exhibit 3 Property Rights and Percentage of Interest, Exhibit 3-1, page 100

“There is appurtenant to each one bedroom Apartment and to Commercial Unit Can undivided .4651 percent ownership in the Common Elements of the Property and share in the Common Expenses and Assessments and Common Surplus of the Regime.”First Amendment to Master Deed (Phase II), Exhibit 3, Exhibit 3-1, page 100

“Upon assessments that are unpaid for over ten (10) days after due date, at the sole discretion of the Board of Directors (and if not prohibited by law), a late charge not to exceed Ten ($10.00) Dollars or ten (10%) percent of the amount due, whichever is greater, shall also be due and payable to defray the expense of late collection.”Master Deed of Myrtle Beach Resort Five Seasons Centre HPR, Article IX Assessments, page 10

“If the Property is not insured or if the insurance proceeds are insufficient to cover the costs of reconstruction, rebuilding costs shall be paid by all of the Co-Owners directly affected by the damage and each shall be responsible for a share equal to the total cost times a fraction, the numerator of which is one and the denominator of which is the number of Apartments so directly affected.”Master Deed of Myrtle Beach Resort Five Seasons Centre HPR, Article X §7, pages 13-14

“The Co-Owners shall pay, pro rata with other owners of dwelling Apartments in other properties within the Resort who shall be given similar easements and licenses of use, all costs of maintenance, upkeep and repair arising out of or associated with the Resort Facilities as such exist from time to time ... Such Resort Expenses shall be included as an item of Common Expense and paid over by the Council of Co-Owners to Declarant, its successors or assigns (or Present Owner, as the case may be), or its devisee, upon such schedule (but not more frequently than once a month) and in advance for use for such purposes, provided the Board or the Council of Co-Owners shall be entitled to an annual accounting of the use of all Resort Expenses”Master Deed of Myrtle Beach Resort HPR (1982 resort-level reference deed), Article XVIII The Myrtle Beach Resort, page 27

Who's really in charge?

Favorable

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 board, 67% amendment threshold and no rental or guest-services monopoly in either deed, offset by five commercial units, residual Declarant consent rights, and subordination to a master HOA whose resort expenses and facility rules are set by the developer/successor or its designee under both the 1985 and 1982 deeds.

StructureTwo tiers: a master association above this one

Master associationThe Myrtle Beach Resort Homeowners' Association, Inc. (MPOA)

Commercial unitYes, with its own deed rights

BoardFive directors, all must be owners in good standing; two-year staggered terms elected at the first-quarter annual meeting, no cumulative voting; officers elected by the board; at least quarterly board meetings; directors serve without pay. Declarant's three-member initial board was to hand over no later than four months after 75% of apartments were conveyed or five years after the first conveyance (1985 deed), so turnover is long complete.

Developer rightsResidual: no Master Deed or Bylaw amendment may change Declarant rights without Declarant consent; Declarant (or successor 'developer of the Resort') consent needed for any time-share/interval plan; Declarant/successor or its designee sets Resort Expenses and rules for Resort Facilities, may add land/facilities to the Resort and convey Resort Facilities to the master HOA by its sole signature; Declarant reserved Phase III/IV annexation rights (20-year window from 1985, now expired) and contracting rights for utilities/TV/telephone. Rules note Five Seasons is subordinate to MBR HOA's Declaration of Covenants, which is not in the set. The circa-1982 resort-level deed (the template for these clauses) confirms the same Declarant/successor or 'Present Owner' may add land, roads and marsh areas to the Resort, set Resort Expenses and Resort Facilities rules, and convey Resort Facilities by its sole signature; it predates and never mentions the homeowners' association, so the HOA's own covenants remain the missing link.

Commercial-unit rightsFive commercial units (A arcade, B snack bar with limited-common-element patio, C three housekeeping rooms with limited common elements, D Pro Shop/Resales Building, E Pro Shop) carry 1-5 votes each (about 3.0% of ownership/votes combined). They may use adjoining common elements for their business, post harmonious signs, opt out of the master insurance policy, and Unit D maintains its own exterior and is exempt from some fees. No deed-level rental, guest-services, check-in or amenity monopoly is granted to any commercial unit, operator or developer; residential owners may rent freely.

Votes430 total votes after Phase II: 3 votes per two-bedroom (0.6977% each), 2 per one-bedroom (0.4651%), 4/1/2/5/1 for Commercial Units A-E. One voting member per unit, votes indivisible, proxies allowed (filed 15 days before regular meetings). Majority = 51% of total votes; quorum 51% (if not met, a two-thirds board vote can declare a quorum with one-third of votes present). Special meetings on request of 50% of votes. Written consent in lieu of meeting needs 67%.

Changing the deedMaster Deed: 67% of all Voting Members; unanimous owners and mortgagees to change any unit's percentage share or votes or to terminate; Institutional Mortgagee approval for provisions affecting them; Declarant consent for Declarant rights. Bylaws: 67% of total vote, recorded as an amendment to the deed. Alterations/additions to common elements: Board plus 75% of total votes plus mortgagees holding 90% of mortgage debt. Rules: Board alone, effective 30 days after mailing, filed with the Horry County Register of Deeds.

Disputes or lawsuitsNone stated in any document. Budget carries a routine $5,000 legal services line and $12,000 uncollectible assessments. No lawsuit, complaint or dispute document is in the set.

What the documents say (11)

“Section 1. The Association shall be mana ged and governed by a Board of Directors (herein called the Board) consisting of five (5) me mbers.”By-Laws of the Myrtle Beach Resort Five Seasons Centre Council of Co-Owners, Article VIII Section 1, Exhibit 3-2

“Directors elected at subsequent elections shall be elected for a term of two years, and shall be elected at the regular Annual Meeting of the Association.”By-Laws of the Myrtle Beach Resort Five Seasons Centre Council of Co-Owners, Article VIII Section 1, Exhibit 3-3

“Declarant shall release control upon calling a meeting of the Co-Owner for purposes of taking control, which meeting shall be called no later than: (i) four (4) months after seventy-five (75%) percent of the Apartments have been conveyed to the Co-Owners; or (ii) five (5) years following the conveyance of the first Apartment conveyed in a phased project.”Master Deed of Myrtle Beach Resort Five Seasons Centre HPR, Article II §4, page 4

“These By-Laws may be amended by a vote of sixty-seven (67%) percent of the total vote of the Regime, unless some other or greater vote is required herein, in the Master Deed and/or the Act; provided, however, no amendment may be enacted affecting the security or rights of an Institutional Mortgagee. No amendment may be enacted affecting any right of the Declarant without consent of the Declarant.”By-Laws of the Myrtle Beach Resort Five Seasons Centre Council of Co-Owners, Article XX Amendments, Exhibit 3-10

“No amendment shall change the rights and privileges of Declarant, its successors and assigns, without written approval and consent of the Declarant, or its successors or assigns.”Master Deed of Myrtle Beach Resort Five Seasons Centre HPR, Article VI, page 8

“There are four hundred thirty (430) total votes in the Regime.”First Amendment to Master Deed (Phase II), Exhibit 3, Exhibit 3-1, page 100

“Myrtle Beach R esort Five Seasons Centre is subordinate to MBR HOA pursuant to the Declaration of Covenants, Conditions and Restrictions for MBR HOA . All OWNERS, residents, guests, tenants and invitees shall be subject to the rules and regulations, Covenants and Bylaws of MBR HOA.”MBR Five Seasons Centre Rules and Regulations (2022), Article X, page 10

“Declarant (its successors or assigns or Present Owner, as the case may be) or its designee shall establish rules and regulations for use of the Resort Facilities and the Board of Directors shall appoint a Resort Facilities committee and, if appropriate, one member to serve on the Board of Directors of the Homeowners”Master Deed of Myrtle Beach Resort Five Seasons Centre HPR, Article XVIII, page 25

“2. There shall be no alterations or additions to the Common Elements or any part(s) thereof except as authorized by the Board of Directors and approved by not less than seventy-five (75%) percent of the total vote of the Co-Owners of the Regime”Master Deed of Myrtle Beach Resort Five Seasons Centre HPR, Article XII §2, page 16

“All site work, improvements and other items placed on a UNIT are subject to prior approval of the MASTER ASSOCIATION.”MBR Five Seasons Centre Rules and Regulations (2022), Article III Architectural Control, page 6

“Declarant (its successors or assigns or Present Owner, as the case may be) may, in its sole discretion, at any time convey to the Regime and its Co-Owners and/or any other horizontal property regimes or other multi-family developments within the Resort, or which Declarant has developed in proximity to the Resort, having like non-exclusive easements and licenses of use, all or any portion of the Resort Facilities or any interest ... Execution only by the Declarant (its successors or assigns or Present Owner, as the case may be) shall be sufficient and no execution, concurrence or consent shall be required of the Council of Co-Owners, any Co-Owner, any mortgagee or any third party whatsoever.”Master Deed of Myrtle Beach Resort HPR (1982 resort-level reference deed), Article XVIII, page 28

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

Right to rent is written into the Master Deed and is protected from Board or Association action: owners may lease 'for such period or periods as he shall determine in his sole discretion', so there is no minimum stay and no on-site rental program requirement (Master Deed, Art. XI).
Leasing is expressly carved out of the 'no business' rule, and owners may use any rental agent they like as long as Management has the agent's name and contact details (Rules, Art. II §1 and Art. V(c)).
Tenants are on equal footing with owners for the Five Seasons amenities (indoor/outdoor pool, spa, sauna, steam rooms, tennis courts, 6000 courtyard pool and putting greens): 'The amenities at MBR Five Seasons Centre are for the exclusive use and enjoyment for OWNERS, guests and tenants' (Rules, Art. VI).
Occupants of every apartment hold a deed-granted non-exclusive easement to the resort-wide pathways, roads, paved areas and 'recreational facilities and amenities of the Resort', paid for through the MPOA line in dues rather than per-guest fees (Master Deed, Art. XVIII).
No rental disclaimer, resort-name or photo rule, and no required check-in through any operator; the only advertising limit is a ban on physical signs (Rules, Art. II §17).
Total owner assessments were flat year over year ($2,289,299 in 2024 vs $2,288,974 in 2025) and the operating budget rose only 3.1% (Budget 2025, p. 1).
Dues bundle water and sewer, trash, pest and termite control, master insurance, maintenance staff, pools, landscaping and the master-association charge, leaving few surprise bills beyond in-unit systems (Budget 2025, pp. 1-2).
Everyday hosting logistics are light: trash goes in on-site dumpsters, there are no elevators or service-elevator rules, and there is no local-contact or response-time rule (Rules, Art. II §14).
Fines are capped at $1,500 per year with a written 15-day hearing right, and no fines are set for rental activity itself (Rules, Exhibit A).
Governance is owner-controlled: a five-member owner board with two-year staggered terms, 51% majority voting, and a 67% owner vote needed to change the Master Deed or Bylaws; Declarant turnover was due by 1990 at the latest (Bylaws, Art. VIII and XX; Master Deed, Art. II §4 and VI).
Commercial units are small service spaces (arcade, snack bar, housekeeping rooms, pro shop) with about 3% of votes and no deed-level monopoly on rentals, keys or guest services (Master Deed Exhibit 2; First Amendment, Art. V and Exhibit 3).

Watch-outs

The 2025 budget routes $873,155 of the $1,910,982 regular assessment to 'Reserve Funding ... Based on SAB Loan Plan' (38% of everything owners pay); this reads as debt service on a bank loan and the loan amount, term, purpose and any associated special-assessment resolution are not in the set (Budget 2025, p. 1).
Insurance is the single largest cost at $377,992, 24.9% of the operating budget, budgeted at 2024 actual plus 10%, and is billed as a separate monthly insurance assessment; wind/named-storm deductibles, flood coverage and the self-insurance fund the deed requires are all undocumented (Budget 2025, p. 1; Master Deed, Art. X §1 and §3).
Nearly one fifth of the budget ($301,391, +5%) is a pass-through to the master Myrtle Beach Resort HOA, whose covenants, budget, gate/pass rules and amenity fees are not in the set; under the deed, Resort Expenses are set by the developer/successor or its designee with only an annual accounting owed to the regime (Budget 2025, p. 2; Master Deed, Art. XVIII).
Guests and invitees of an occupant (and an owner while a tenant is in the unit) may use the common elements only 'with the express permission of the Board of Directors ... including the payment of a fee for the use thereof' - a deed-level hook for guest fees or pass charges (Master Deed, Art. III §3).
Absolute no-pet rule for owners, guests and tenants, with emotional support animals unavailable to short-term renters and a $100-per-occurrence / $50-per-day fine regime; pet-friendly listings are off the table (Rules, Art. II §16 and Exhibit A).
Washers and dryers are banned in units since January 20, 2022; a grandfathered set must be removed before closing, so turnover laundry must use the coin laundry rooms or go off-site (Rules, Art. III amendment of August 29, 2022).
Short-term (under 90 days) bookings must include a guest aged 23 or older and youth-group bookings need a 23+ chaperone per ten minors; the owner is liable for every tenant fine up to $1,500 a year plus enforcement costs and attorneys' fees (Rules, Art. V(d) and Exhibit A).
A key or key code must be lodged with the Association and locks may not be changed without giving the Association access; the Board also has a deed right of entry (Rules, Art. II §6(a) and §19; Master Deed, Art. XII §3(c)).
Any exterior change (screen or storm door, shutters, slider replacement, window film) needs written approval from the master MBR HOA through Management, and interior wall, plumbing or electrical changes need the Association's written approval; contractors need licence and insurance proof and may work only 8-5 Monday-Saturday (Rules, Art. III and IV).
The Board may suspend an owner's and tenant's use of the common elements for up to 30 days for any rule violation and may bar occupancy altogether while assessments are unpaid, with no dues abatement (Master Deed, Art. III §3; Rules, Art. VI and VIII).
No signs of any kind are allowed, even a 'For Rent' card, unlike the neighbouring A Building regime which permits a small one (Rules, Art. II §17).
Reconstruction after a casualty is compulsory and any uninsured shortfall is split equally among the affected apartments regardless of unit size, on top of the master policy's 115%-of-replacement-cost mandate with automatic 2% quarterly escalation (Master Deed, Art. X §1, §6 and §7).
The association pays a $38,000 'Owned Unit Assessment' and books $27,798 of rental/lease income, meaning it owns and leases out units or spaces that the documents never identify (Budget 2025, pp. 1-2).
Time-share, interval or 'multiple use' marketing of any apartment still requires the 1985 Declarant's (or successor's) written consent, and Declarant rights cannot be amended away without that consent (Master Deed, Art. XI and VI).
Five Seasons sits inland of the oceanfront A Building regime, and the original 1982 resort deed grants owners on the Five Seasons side only easements and licenses to cross that regime to the beach and to use its pools and amenities, 'provided such users may be required to pay reasonable fees commensurate with such use'; no current fee schedule, gate-pass or wristband policy is in the set, and the second 'resort' rulebook supplied is the A Building's, not the master HOA's (Reference Master Deed, Art. XIX(J) p. 30 and Art. XIV p. 22; documents 49b8697c and 6cf518ce).

Unit type	Per month	Per year
Two-bedroom apartment (0.6977% interest, Phases I+II) - computed share of total 2025 owner assessments $2,288,974 (regular $1,910,982 + insurance assessment $377,992)	$1,331	$15,970
One-bedroom apartment (0.4651% interest, Phases I+II) - computed share of total 2025 owner assessments $2,288,974	$887	$10,646
Two-bedroom - regular assessment only, excluding the separately billed insurance assessment	$1,111	$13,333
One-bedroom - regular assessment only, excluding the separately billed insurance assessment	$741	$8,888

Myrtle Beach Resort.

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, 2025

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.

Myrtle Beach Resort.

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, 2025

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.