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 through any channel with no on-site program, registration or advertising limits; only the 23-and-over party rule, occupancy caps and gate hangtags hold it below a 5.

Short-term rentalsAllowed

Must use on-site programNo

Owner may rent it personallyYes

Off-site manager allowedYes

Owner-use limitsNone stated. Occupancy is capped at six persons in a 2-bedroom and four in a 1-bedroom at any time, and every short-term rental party must include someone at least 23 years old (OFS Rules, Renting, p.1).

RegistrationNo rental registration, rental license or renter roster is required by the OFS documents. Tenants and guests must obtain a parking hangtag by contacting Security (resort gate) and display it at all times; owners display an owner pass. The owner must lodge a unit key or lock access code with the Managing Agent and Security Office under the Reasonable Access Policy. Service animals / ESAs must be registered 30 days before arrival.

Advertising rulesNo restrictions on online advertising or use of the resort name are stated. Exterior and window signs are prohibited ('No signs are permitted in or on the windows'); only small informational placards such as 'No Smoking' may go on the hallway door. The Master Deed bars any signs on common elements except for commercial units and the Declarant.

Vote to change rental rulesThe owner's rental right sits in Master Deed Article XI, which says no present or future Board or Council action can prevent an owner from renting for any period; changing it needs a Master Deed amendment approved by 67 percent of all Voting Members (Art. VI), and no amendment may change Declarant's rights without Declarant's written consent. Rules and Regulations (age, occupancy, parking) can be changed by the Board alone. By-Laws need 67 percent of the total vote (By-Laws Art. XX).

What the documents say (7)

“provided, however, nothing herein contained nor any present or future action by the Council of Co-Owners or its Board of Directors shall prevent any Co-Owner from leasing or renting his h~artment for such period or periods as he shall determine in his sole discretion to third parties; proviued, however, such Apartment shall, if so rented or leased, be used for resi~ential purposes only oy such lesse~ or renter and in co~~liance with this Master Deed and its Exhibits, the Act and Ruh,'> and Regulations properly promulgated.”Master Deed of Myrtle Beach Resort Ocean Front Spa HPR, Article XI Use and Occupancy, pp. 12-13

“Such renter or lessee may L~ removed from the Property and/or refused further entrance by the Board of Directors of the Association 0r its designee for non-compliance, and the Co-Owner of that Apartment shall be liable for all damages caused by his lessee or renter and all costs of removal which shall be a lien upn his Apartment the same as the lien for unpaid Common Expenses.”Master Deed of Myrtle Beach Resort Ocean Front Spa HPR, Article XI Use and Occupancy, p. 13

“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 Ocean Front Spa HPR, Article XI Use and Occupancy, p. 13

“Section 6. Each Apartment, other than any Apartment owned by Declarant or specifically designated as a Commercial Unit shall be utilized for residential purposes only, provided, however, such shall not prevent rent or lease rf his Apartment by a Co-owner to a lessee or rentor to use for residential purposes.”By-Laws of Myrtle Beach Resort Ocean Front Spa HPR Council of Co-Owners, Article XII Obligations of Co-Owners, Section 6 (Exhibit 3-7)

“Owners are responsible for their tenant's compliance with the Rules and Regulations of the Association. All short-term rentals must have at least one member of the party that is at least 23 years of age. Any violation of the Rules and Regulations will be the responsibility of the unit owner.”Ocean Front Spa Rules & Regulations (approved 12/26/24), RENTING, p. 1

“To alleviate any parking problems or excessive wear and tear to your unit, or to the amenities of the Association, no more than six persons are permitted to reside in a 2-bedroom unit at any given time and no more than four persons are permitted to reside in a 1-bedroom unit at any given time.”Ocean Front Spa Rules & Regulations (approved 12/26/24), RENTING, p. 1

“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 By-Laws, upon the affirmative vote of 67 percent of all the Voting Members of the Association”Master Deed of Myrtle Beach Resort Ocean Front Spa HPR, Article VI Amendment of the Master Deed, p. 6

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.

Off-program guests get every OFS and resort amenity on the same footing as owners, but there is no front desk: the owner handles keys and lockouts, guests must obtain gate hangtags from Security, and conference-room use is closed to short-term renters.

Amenities for your guestsSame as program guests

Off limits to your guestsWinter Center conference room cannot be reserved for private use by short-term (under 90 day) renters (OFS Rules, Conference Room Policy, p.15), Luggage carts are for guests and owners only; cleaning companies, rental agents and contractors may not use them (OFS Rules, Luggage Carts, p.1), Emotional support animals are not permitted for stays under 90 days (OFS Rules, Pets, p.2), Building A's two outdoor pools, pool building and tennis courts are common elements of the sibling Myrtle Beach Resort HPR (Phase I), not shared 'Resort Facilities'; OFS guests' access to them (and to the lazy river the Building A rules mention) rests on cross-licenses or MBR HOA rules that are not in the set, so it is unverified rather than excluded (MBR HPR Master Deed 1982, Sec. 6(a) p.6 and Art. XIV p.22)

Wristbands & parking passesVehicle hangtags for tenants and guests are obtained by contacting Security (the resort front gate run by the master association); owners display an owner pass; every vehicle must display one at all times; each unit is limited to 2 overnight vehicles; violators are towed at the vehicle owner's expense. Hangtag cost is unstated. For non-resident guests invited to a conference-room event the Conference Room Policy mentions a prepaid per-person guest fee, a one-day gate fee per vehicle and a liability waiver, with amounts on an annual fee schedule that is not in the set. No wristband system is mentioned. The separate OFS Parking Policy is referenced but not provided. The sibling Building A rules confirm the security gate is controlled by the Myrtle Beach Resort HOA (Master) Association and that rental guests can be charged an entry fee at the gate (there, for motorcycle trailers during Bike Weeks), so gate fees for OFS guests are set at master-HOA level and are unstated in this set (6cf518ce rules, p.7).

Check-inowner handles - no front desk or check-in service is described; lockouts are expressly the responsibility of the rental agent, homeowner or a locksmith at the guest's expense

TrashRefuse must go in secured heavy-duty plastic bags into the receptacles by the elevators on each floor; a leaking bag left outside the unit or staining the carpet results in a carpet-cleaning fine to the owner; oversized items must be taken off-site by the owner; contractors must remove their own trash daily and may not use resort dumpsters or the compactor.

ElevatorsNo service-elevator or guest elevator rules stated; contractors must keep hallways, stairs and elevators clear of debris.

Housekeeping & linenNot addressed. Washers and dryers are prohibited in units except the Portico units x52-x55 and grandfathered installations that must be removed on sale, so in-unit laundry for turnovers is generally unavailable; common laundry rooms exist (budget shows $40,000 laundry room income). Cleaning companies may not use the luggage carts.

What the documents say (12)

“Resident shall mean the owner of a condominium unit, tenants, and/or their guests/invitees. Any other person may be deemed a trespasser with respect to the common elements.”Ocean Front Spa Rules & Regulations (approved 12/26/24), GENERAL, p. 1

“A valid hangtag or owner pass must always be displayed in vehicles at all times while on property. Hangtags for tenants and guests must be obtained by contacting Security.”Ocean Front Spa Rules & Regulations (approved 12/26/24), MOTOR VEHICLES AND PARKING, p. 2

“Luggage Carts are available to only guests and owners of Ocean Front Spa for use when transporting their personal items. They are available on a "first come, first serve" basis. After use they are to be returned to the first-floor lobby. Non-residents, for example, cleaning companies, rental agents, and contractors are not permitted to use luggage carts.”Ocean Front Spa Rules & Regulations (approved 12/26/24), LUGGAGE CARTS, p. 1

“Anyone who loses their unit key or has other problems with locks should contact their respective rental agent, homeowner, or a locksmith at their own expense. The Association is not responsible for lockouts.”Ocean Front Spa Rules & Regulations (approved 12/26/24), LOCKOUTS, p. 5

“The Conference Room, may not be reserved for private use by short term (less than 90 day) renters.”Ocean Front Spa Rules & Regulations (approved 12/26/24), WINTER CENTER CONFERENCE ROOM POLICY, p. 15

“Developer does, by the recording of this Master Deed, include the Regime within the Resort and does hereby grant to the Council of Co-Owners, the present and further 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 roads (together with roadside and entranr areas), paved areas and recreational faciljties and ameniti~s L the Resort”Master Deed of Myrtle Beach Resort Ocean Front Spa HPR, Article XVIII The Myrtle Beach Resort, p. 21

“Guests and invitees of an Occupant of a Apartment and the Co-Owner of an Apartment (while another occupies his Apartment> may only URe the Common Elements with the express permission of the Board of Directors and subject to such terms and conditions as the Board of Directors may specify.”Master Deed of Myrtle Beach Resort Ocean Front Spa HPR, Article III Property Rights, Section 3, pp. 4-5

“All refuse must be put in secured, heavy-duty plastic bags and placed into the proper receptacles located by the elevators on each floor. Leaking refuse bags left outside the unit or that stains the carpet will result ina fine to the owner of the unit for carpet cleaning.”Ocean Front Spa Rules & Regulations (approved 12/26/24), REFUSE DISPOSAL, p. 3

“Washer and dryers are prohibited in condominium units. Only Porticos (units x52-x55) are permitted to house laundry equipment because these units included laundry systems in the original building design.”Ocean Front Spa Rules & Regulations (approved 12/26/24), ARCHITECTURAL POLICY, 5. Personal Laundry Equipment, p. 14

“Declarant has included within the Regime certain property and improvements including buildings containing Apartments numbered A101-A151, A201-A251, A301-A351, A401-A451 and A501-A551 (however, there are no Apartments numbered A521, A522, A536 or A537), two (2) swimming pools, pool building, tennis courts and roof gardens, the same being shown and designated in the Exhibits hereto.”Master Deed of Myrtle Beach Resort Horizontal Property Regime (Phase I / Building A, 1982), Section 6(a) Development Plan, p. 6

“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 amentities shall require the grantee(s) thereof to pay fees commensurate with such use(s) for such use(s).”Master Deed of Myrtle Beach Resort Horizontal Property Regime (Phase I / Building A, 1982), Article XIV Easements, p. 22

“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.”Myrtle Beach Resort Horizontal Property Regime, Inc. (Building A) Rules and Regulations (2022) - sibling regime, context only, Section 24 Motorcycles, p. 7

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.

Key or lock code must be on file with management, contractors must register and may only work in the off season, no in-unit laundry, and all guest fines fall on the owner, though there is no local-contact, response-time or trash-hauling rule.

Local contactunstated - no requirement to designate a local agent or contact appears in the OFS documents (the sibling Building A regime's rules require a rental agent's name, but they do not apply to OFS)

Locks & keysOwner must give the Managing Agent and Security Office a unit key or lock access code; if none is on file the owner gets 30 days written notice and then the unit may be re-keyed at the owner's expense; in an emergency without a key on file forced entry is immediate and the association has no liability for damage. Lockouts are the owner's/rental agent's problem. Owners may change locks but hallway-door hardware changes are architectural items under the Architectural Policy.

FinesFine Policy (approved 12/26/24): fines start at $50; general violations up to $100 per day or per occurrence; vehicle maintenance $50; trailers/boats/jet skis/campers $100 first, $250 second, $500 third offense plus towing; pets $100 and the renters/guests and pet are evicted; health and safety violations (fireworks, throwing items from balconies, tampering with fire system, bypassing barricades, trash accumulation) up to $500 per occurrence; vandalism $250 plus restoration cost; exterior sign/decoration removal billed at $50 per hour plus materials; failure to have dryer vents cleaned annually (where a W/D exists) $100 plus the contracted cleaning cost; leaking trash bags trigger a carpet-cleaning fine. 'ALL VIOLATIONS SHALL BE THE FINAL RESPONSIBILITY OF THE OWNER.' The Master Deed also lets the Board suspend common-element use for up to 30 days and remove a non-compliant renter with the owner liable for removal costs. No annual fine cap or hearing procedure is stated in the OFS policy.

Contractors & vendorsAny contractor must register with the Building Manager before starting work each day and have a business license, certificate of insurance and workers' compensation policy on file with management before work begins; the homeowner is responsible for verifying this. Work inside condos by contractors or owners is allowed only in the off season (September 15 through April 30), 9:00 AM to 7:00 PM Monday through Saturday. Contractors may not use luggage/grocery carts, resort trash cans, compactor or dumpsters and must remove their own trash daily; loading zones are 20 minutes. An owner must write to the OFS office to have staff unlock a unit for a contractor. ARC written approval is required for plumbing, electrical, structural, water heater, kitchen/bathroom, window/door and balcony floor work.

AlsoWater heaters must be replaced at 10 years with a piped drain pan and inspected shutoff valve, tankless heaters are not permitted; exterior windows and sliding doors are the owner's responsibility and replacements must meet ASTM E1996 large-missile / PG-40 impact standards; balcony tile is prohibited (post-Feb 2023 tile must be removed) and ocean-front balconies may not be modified; interior-hall window coverings must be white or alabaster; grandfathered washer/dryers must be removed on sale; owner is liable for water intrusion from balconies, windows, water heaters or laundry equipment as negligence. The off-season-only work rule means no in-unit repairs or renovations by contractors from May 1 to September 14.

What the documents say (11)

“The owner is responsible for providing the Managing Agent a key (or lock access code) to their individual unit, so as to maintain the integrity of the Reasonable Access Policy.”Ocean Front Spa Rules & Regulations (approved 12/26/24), REASONABLE ACCESS TO UNIT POLICY, p. 6

“If the violation is not remedied within 30 days of notification, the Managing Agent, on behalf of the Association, reserves the right to re-key the unit lock at the individual owner's expense, so that reasonable access shall be restored.”Ocean Front Spa Rules & Regulations (approved 12/26/24), REASONABLE ACCESS TO UNIT POLICY, p. 6

“Any work inside the condos, by contractors or individual owners, must be accomplished only during the off season (September 15" through April 30") and only between the hours of 9:00 AM - 7:00 PM, Monday through Saturday, to avoid disturbing others.”Ocean Front Spa Rules & Regulations (approved 12/26/24), WORKING HOURS, p. 2

“A current copy of the contractor's business license, Certificate of Insurance (COI) and worker's compensation policies must be on file with the association management before work commences. * Individual homeowners are responsible for verifying their contractor has complied with this rule.”Ocean Front Spa Rules & Regulations (approved 12/26/24), CONTRACTOR'S RULES AND REGULATIONS, item 3, p. 7

“VIOLATIONS: When a violation is reported, the OWNER shall receive written notice from the management in accordance with the MASTER DEED AND BYLAWS for Ocean Front Spa. OWNERS may be subject to fines starting at $50.00, unless otherwise noted and/or legal action.”Ocean Front Spa Rules & Regulations (approved 12/26/24), FINE POLICY, p. 8

“(1) GENERAL VIOLATIONS: Subject to fines, not to exceed $ 100.00 per day or per occurrence (up to the maximum allowed by law).”Ocean Front Spa Rules & Regulations (approved 12/26/24), FINE POLICY, p. 8

“(4) PETS: NO Pets are not permitted on the property at any time, except as provided by law. Subject to a $100.00 fine and renters/guests and pet will be evicted from the property.”Ocean Front Spa Rules & Regulations (approved 12/26/24), FINE POLICY, p. 8

“(5) HEALTH AND SAFETY VIOLATIONS: - Subject to fines, not to exceed $500.00 per occurrence (including but not limited to shooting fireworks on ASSOCIATION PROPERTY; tampering with or damaging fire system or building common elements, throwing items from balconies; bypassing any form of safety or construction barricade, such as caution tape, cones, or physical barrier, accumulation of trash and/or other materials that may attract pests; or actions that could cause flood or fire damage to neighboring properties, etc.).”Ocean Front Spa Rules & Regulations (approved 12/26/24), FINE POLICY, p. 8

“The Association shall have the ri~ht to deny any co-Owner or Occupant the right to use the Common Element, for a period not to exceed thirty ( 30 > days for a violation of the rules and regulations promulgated for the use of the Property.”Master Deed of Myrtle Beach Resort Ocean Front Spa HPR, Article III Property Rights, Section 3, p. 4

“Water heaters that reach the age of 10 years must be immediately replaced, unless such water heaters have a warranty exceeding 10 years in effect.”Ocean Front Spa Rules & Regulations (approved 12/26/24), ARCHITECTURAL POLICY, 3. Water Heater Replacement, p. 13

“Any - violation of this rule will be immediately corrected by the maintenance staff at the owner's expense at a charge of $50.00 per hour plus the cost of any materials required to remove the item and to restore the exterior surface to its original condition.”Ocean Front Spa Rules & Regulations (approved 12/26/24), SIGNS, p. 3

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.

Reserves at 20.8% of budget and falling dues are strong, but the 2026 insurance line is budgeted 47% below the 2025 actual, 19.7% of the budget is an opaque master HOA pass-through, 2025 closed at a loss, and no reserve balance, reserve study or insurance terms are provided.

2026 budget$2,399,003

Dues change-4.3% on the year

Reserves21% of budget

Special assessmentsNone in the documents

InsuranceInsurance line history: 2024 budget $1,200,000; 2025 budget $600,000; 2025 nine-month actual and full-year projection $879,457 (46.6% over the 2025 budget); 2026 budget $470,000, which is 46.6% below the 2025 actual with no explanation in the budget. Either a materially cheaper renewal was obtained or the 2026 line is under-budgeted. Deductibles, carriers, wind/named-storm terms and whether in-unit contents or loss assessment are covered are unstated. Commercial-unit owners may opt out of the master policy under Article X.

Floodunstated as to current coverage; the 1983 Master Deed Article X requires the association to carry all-risk coverage on units and common elements including fire, earthquake, flood, vandalism and windstorm, with an Insurance Trustee (Capital Acceptance Corporation) and a self-insurance fund for deductibles

Passes through to a master association20% of the budget

DelinquencyNo delinquency balance or aging is stated. Master Deed Art. IX / By-Laws Art. XII Sec. 2: assessments due the 1st of each month; after 10 days a late charge of $10 or 10% of the amount due, whichever is greater; lien on the unit, foreclosure in the manner of a mortgage, attorneys' fees recoverable; membership and amenity rights may be suspended for non-payment; Capital Telecommunications and the Insurance Trustee are subrogated to lien rights. 2026 budget expects $5,000 fines/late fees (2025 projected $9,109).

What the documents say (15)

“5000 Master HOA Assessment 482,576$ 510,000$ 340,267$ 507,311$ 472,105$”Myrtle Beach Resort Ocean Front Spa 2026 Budget, p. 1, Operating Expenses (columns: 2024 budget, 2025 budget, 2025 9-month actuals, 2025 projected, 2026 proposed)

“5600 Insurance 1,200,000 600,000 879,457 879,457 470,000”Myrtle Beach Resort Ocean Front Spa 2026 Budget, p. 1, Operating Expenses

“8400/8500 General Reserve Contribution 360,000 460,000 544,998 544,998 500,000”Myrtle Beach Resort Ocean Front Spa 2026 Budget, p. 1, Capital Expenditures

“DUES TO BE ASSESSED 2,469,560 2,399,003”Myrtle Beach Resort Ocean Front Spa 2026 Budget, p. 1, 2026 budget summary (2025 vs 2026)

“AMOUNT OF DUES TO BE RAISED 2,389,260 2,309,503”Myrtle Beach Resort Ocean Front Spa 2026 Budget, p. 1, 2026 budget summary (2025 vs 2026)

“65 1 Bedroom $600.00 $540.00 $516.67”Myrtle Beach Resort Ocean Front Spa 2026 Budget, p. 2, Monthly Dues Breakdown (2024 / 2025 / 2026 monthly)

“202 2 Bedroom $900.00 $810.00 $775.00”Myrtle Beach Resort Ocean Front Spa 2026 Budget, p. 2, Monthly Dues Breakdown (2024 / 2025 / 2026 monthly)

“5450 Legal/Professional Services 24,000 5,000 46,827 50,000 10,000”Myrtle Beach Resort Ocean Front Spa 2026 Budget, p. 1, Operating Expenses

“Net Income (263,473) (24,146)”Myrtle Beach Resort Ocean Front Spa 2026 Budget, p. 1 (2025 9-month actual and 2025 projected, after $281,666 of reserve expenses)

“Upon assessments that are unpaid for over ten (101 days after due date, at the sole discretion of the Board of Directors (and if not forbidden by law), a late charge not to exceed $10.00 or 10% of the amount due, whichever is greater, to the extent allowed by Law, shall also be due and payable to defray the expense of late collection.”Master Deed of Myrtle Beach Resort Ocean Front Spa HPR, Article IX Assessments, p. 8

“The Co-owners shall each be members of The Myrtle Beach Resort Homeowners Association and as such shall pay pro rata with the Owners cf other dwelling Apartments and other interests in real property within the Reso!'t 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 time1 such costs to include, but not be limited to, providing management supervision and control thereof, property taxe~, insurance, maintenance and reserve funds and all other costs connected or associated therewith (herein collectively wResort Expenses•>.”Master Deed of Myrtle Beach Resort Ocean Front Spa HPR, Article XVIII The Myrtle Beach Resort, p. 23

“The Board of Directors of t · ~ Association shall obtain insurance upon the Submitted Property insuring it (including both Common Elements and all Apartments> against all risks, all premiums of which shall be included as part of the Common Expenses.”Master Deed of Myrtle Beach Resort Ocean Front Spa HPR, Article X Insurance, Section 1, p. 9

“Water, sewerage, disposal and waste fees, electricity or other utility charges, if applicable, shall be part of the Common Expenses if billed to the Regime; however, if the individual bills are sent to each co-owner by the provider of such services, each such c~-owner shall pay said bill for his Apartment individually.”Master Deed of Myrtle Beach Resort Ocean Front Spa HPR, Article XII Maintenance and Alterations, Section 3(a), p. 15

“There is appurtenant to each two bedroom Apartment and to Commercial Unit A an undivided .40268 340/745ths percent ownership in the Common Elements of the Property and share in the Common Expenses and Assessments and Common Surplus of the Regime.”Master Deed of Myrtle Beach Resort Ocean Front Spa HPR, Exhibit 2 Property Rights and Percentage of Interest, p. 58

“4. 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 costs to include but not limited to providing management supervision and control thereof, property taxes, insurance and maitenance and reserve funds and all other costs connected or associated therewith (herein collectively called "Resort Expenses"). 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 Horizontal Property Regime (Phase I / Building A, 1982), Article XVIII The Myrtle Beach Resort, Section 4, p. 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 five-member board, ordinary 67% amendment rules and commercial units that are small, association-held and carry no rental or guest-service monopoly; the two-tier master HOA with developer-successor control of Resort Facility rules and expenses (confirmed in both the 1983 OFS deed and the 1982 Phase I deed) keeps it from a 5.

StructureTwo tiers: a master association above this one

Master associationThe Myrtle Beach Resort Homeowners Association, Inc. (MBR HOA) - every OFS co-owner is automatically a member and the regime pays 'Resort Expenses' to it (OFS Master Deed Art. XVIII; the sibling Building A rules Art. X call it 'Myrtle Beach Resort Homeowners Association, Inc. (MBR HOA)'); the 2026 budget carries a Master HOA Assessment line of $472,105

Commercial unitYes, with its own deed rights

BoardFive directors, all must be co-owners (or voting member of a corporate owner) in good standing and current on assessments; two-year staggered terms elected by the voting members at the annual meeting held in the first quarter; no cumulative voting; officers (President, VP, Secretary, Treasurer) elected by and from the Board within 30 days after the annual meeting; directors serve without pay; quarterly board meetings. Declarant's initial three-member appointed board was to hand over control within nine months of the 1983 recording.

Developer rightsResort Investment Corporation (1983 Declarant) reserved: rights while it owns any apartment (sales/rental offices, signs, unrestricted leasing, FNMA/FHLMC conforming amendments), the exclusive right to contract for utility, telephone and TV services, consent rights over any amendment that changes Declarant rights, consent over any timeshare/interval marketing of a unit, an easement-granting power, and, as 'developer of the Resort' (or its successors/assigns/Present Owner), the right to set rules for the Resort Facilities, add property to the Resort, declare natural areas, convey Resort Facilities to the master HOA by unilateral amendment, and collect Resort Expenses. The unit-ownership-based rights are presumably long expired, but the Resort-level rights run to successors and to the master HOA designee and the 0.116-acre oceanfront commercial parcel was excluded from the regime with perpetual easements over it. No post-1983 amendments are in the set to show the current state of these rights. The 1982 Phase I regime deed shows the same Resort-level scheme one year earlier: Resort Expenses were then payable to the Declarant, its successors or the 'Present Owner' with only an annual accounting owed to the council, the developer could convey Resort Facilities to any regime while keeping third-party use licenses and management contracts, and it reserved the right to open the Building A regime's amenities to occupants of optioned land toward Highway 17 for a fee (MBR HPR Master Deed 1982, Art. XVIII pp.27-28 and Art. XIX para. J p.30).

Commercial-unit rightsFour commercial units (A laundry ~925 sq ft, B bar/food ~224 sq ft with an adjacent limited common element for seating and food and beverage service, C office ~229 sq ft, D game room ~411 sq ft) with 9 of 745 votes (1.2%) and dues equal to a 2BR (A) or 1BR (B, C, D). Commercial owners/lessees may display signs on common elements, may opt out of the master insurance policy, may use adjoining common elements for uses normally attendant to the unit, and are exempt from the residential-use rule. There is no deed grant of exclusive rental, front-desk, housekeeping or guest-service rights to any commercial unit or operator. The 2026 budget labels A, B and D '(HOA)' and C '(OFS)', indicating the association itself now holds them and books the laundry, vending and storage income.

VotesOne voting member per unit; 745 total votes: 3 per two-bedroom (and Commercial A), 2 per one-bedroom (and Commercial B, C, D); votes may not be split; proxies allowed but must be filed 15 days before a regular meeting and one day before a special meeting; majority means 51% of total votes; quorum is 51% of votes (if not met, two-thirds of the Board may declare a quorum with one-third of votes present); action without a meeting needs 67% written consent; special meetings on petition of 50% of votes.

Changing the deedMaster Deed: 67% of all Voting Members (termination, changes to percentages or voting rights need all owners and all mortgagees; Declarant consent for changes to its rights; institutional mortgagee approval for changes affecting them). By-Laws: 67% of the total vote. Alterations/additions to common elements: Board plus 75% of total votes plus mortgagees holding 90% of mortgage debt. Rules and Regulations: Board alone, at any time. Recreation/club membership acquisitions: majority of votes plus majority of mortgage debt.

Disputes or lawsuitsNone disclosed in the documents. The budget shows Legal/Professional Services of $46,827 through nine months of 2025 and $50,000 projected against a $5,000 budget, plus $17,825 of 'Special Professional Services' in 2025, which is unexplained; 2026 budgets $10,000 legal. 2025 Billable Service Income of $45,125 is also unexplained.

What the documents say (15)

“Section 1. The Association shall be managed and governed by a Board of Directors (herein called the Board) consisting of five (5) members.”By-Laws of Myrtle Beach Resort Ocean Front Spa HPR Council of Co-Owners, Article VIII Administration, Section 1 (Exhibit 3-3)

“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 Myrtle Beach Resort Ocean Front Spa HPR Council of Co-Owners, Article VIII Administration, Section 1 (Exhibit 3-3)

“There are three (3) votes appurtenant to each two bedroom Apartment, two (2) votes appurtenant to each one bedroom Apartment, three {3) votes appurtenant to Commercial Unit A, two (2) votes appurtenant t0 Commercial Unit B, two (2) votes appurtenant to Commercial Unit C and two (2) votes appurtenant to Commercial Unit D.”Master Deed of Myrtle Beach Resort Ocean Front Spa HPR, Exhibit 2 Property Rights and Percentage of Interest, p. 58

“There are s,:,ven hundred forty-five ( 745) total votes in the Regime.”Master Deed of Myrtle Beach Resort Ocean Front Spa HPR, Exhibit 2 Property Rights and Percentage of Interest, p. 58

“Commercial Unit A consists of a laundry facility containing approximately 925 square feet, access being provided from the Common Element corridors and hallway for said ComlllE!rcial Unit. Commercial Unit B consists of a bar and food facility containing ap~roximately 224 square feet on one floor and is also located on the first floor of Building A.”Master Deed of Myrtle Beach Resort Ocean Front Spa HPR, Exhibit 1-7, p. 35

“Commeccial Unit C consists of an office containing appcoximately 229 square feet on one floor, access being 1;i:ovided from a Common Element corridoc. Commercial Unit D consists of a game room containing approximately 411 square feet on one floor and is located as are the other commercial units on the first floor of Building A.”Master Deed of Myrtle Beach Resort Ocean Front Spa HPR, Exhibit 1-8, p. 36

“Said Limited Common Element so designated shall and may b0 used by the Co-Owners of Commercial Unit B, his lessees, assignees and guests for se~ting, tables and like furnishings and for the service and consumption of food and beverage and such other us~s as are consistent with or required thereby.”Master Deed of Myrtle Beach Resort Ocean Front Spa HPR, Article III Property Rights, Section 4, p. 5

“1 Commercial A - Laundry Room (HOA) $900.00 $810.00 $775.00”Myrtle Beach Resort Ocean Front Spa 2026 Budget, p. 2, Monthly Dues Breakdown (also lists Commercial B - Kiosk with bathrooms (HOA), Commercial C - Office (OFS), Commercial D - Post Office (HOA))

“No amendment shall change the rights and privileges of Declarant, its successors and assigns, without written apr,~val and consent of the Declarant, or its successors or assigns.”Master Deed of Myrtle Beach Resort Ocean Front Spa HPR, Article VI Amendment of the Master Deed, p. 7

“There bhall 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 Ocean Front Spa HPR, Article XII Maintenance and Alterations, Section 2, p. 14

“Declarant Cits successors or assigns or Present Owne~, as the case may bel 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 Directoi·s of the Homeowners (as hereinafter defined) to assist in formulating and enforcing the sa~a”Master Deed of Myrtle Beach Resort Ocean Front Spa HPR, Article XVIII The Myrtle Beach Resort, p. 23

“Declarant has excluded from the Pro?erty a certain 0.116 acres parcel lying generally between Building Can the Atlantic Ocean. Declarant intends to (but makes no guarantees or warranties it will) construct or to allow others to construct thereon structures to use for commercial purposes (such as retail food and beverage service)”Master Deed of Myrtle Beach Resort Ocean Front Spa HPR, Article XIV Easements, pp. 17-18

“These By-Laws may be amended by a vote of 67 percent of the total vote of tae Regime, which represents 67 percent of the total value of the Submitted Property, unless some other or greater vote is required herein, in the Master Deed and/or in The Act.”By-Laws of Myrtle Beach Resort Ocean Front Spa HPR Council of Co-Owners, Article XX Amendments (Exhibit 3-11)

“Declarant (its successors ot 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, provided such shall be for no consideration other than the actual cost of such improvement or facility.”Master Deed of Myrtle Beach Resort Horizontal Property Regime (Phase I / Building A, 1982), Article XVIII The Myrtle Beach Resort, p. 28

“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 Horizontal Property Regime (Phase I / Building A, 1982), Article XIX General Provisions, paragraph J, p. 30

Unit type	Per month	Per year
1 Bedroom (65 units; 0.26845% interest, 2 votes)	$517	$6,200
2 Bedroom (202 units; 0.40268% interest, 3 votes)	$775	$9,300
Commercial A - Laundry Room (HOA) (0.40268% interest)	$775	$9,300
Commercial B - Kiosk with bathrooms (HOA) (0.26845% interest)	$517	$6,200
Commercial C - Office (OFS) (0.26845% interest)	$517	$6,200
Commercial D - Post Office (HOA) (0.26845% interest)	$517	$6,200

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, 2026

What the dues cover

Where the budget goes

What to put in the house manual.

What to ask the association for.

Have the documents read
for the building you are weighing.

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, 2026

What the dues cover

Where the budget goes

What to put in the house manual.

What to ask the association for.

Have the documents readfor the building you are weighing.

What the documents decide
before your first guest books.

Have the documents read
for the building you are weighing.