Owner-elected board with developer control long expired and no rental monopoly, but a protected commercial unit can run rental/management operations, a developer deck easement persists, and the unanimous deed-amendment rule makes any deed change impractical.
StructureOne association
Commercial unitYes, with its own deed rights
BoardFirst board of five directors; size of later boards set by the by-laws (not in this set). Directors elected by owners at the annual members' meeting (second Saturday in March) for two-year staggered terms; non-cumulative voting with as many votes per unit as seats to fill. Board may employ a managing agent (currently Ponderosa Management, LLC).
Developer rightsDeveloper (Sands Development South Carolina, Inc.) right to appoint a board majority expired April 1, 1986. Developer keeps a perpetual easement over the eastern parking area to build, own and maintain a recreational deck (assignable), must maintain and insure it, and its reserved rights cannot be amended without its consent.
Commercial-unit rightsOne first-floor commercial unit (0.9468% interest, $289/month) usable 'for any lawful purpose including ... offices and reception areas for the purpose of general rentals, management, sales of UNITS'; the association may take no action that limits its permitted activities; it may alter its unit and its limited common elements (the 'maid' rooms) without board consent. No exclusive rental, check-in or guest-service rights are granted to it.
VotesOne membership per unit; majority of units represented at a quorum meeting binds members unless the documents require more; proxies allowed per meeting; special meetings on request of owners of a majority of units.
Changing the deedMaster Deed: proposed by board majority or owners of a majority of units, then must be approved by an affirmative vote of ALL members owning a unit; percentage interests and assessment basis need all owners plus mortgagees; developer/lender reserved rights need their consent. Articles of Incorporation: proposed by board majority or owners of a majority of property value (approval threshold on a missing page). Rules: adopted and revised by the board.
Disputes or lawsuitsNo litigation stated. Operational issues in the 2022 newsletter: hurricane roof damage under the wind deductible (repair from reserves, multiple proposals sought), fire pump on back-order with a 20-plus-week paid fire watch, mandated stairwell lighting causing a 2022 operating loss, recurring complaints about unruly renters, cleaning companies and dogs in the building, and owner complaints about rental company conduct; the 2023 look-ahead also lists finishing the painting of all unit doors and reviewing proposals to coat the east and west sides of the building. The deed lets the association recover attorney fees in any default proceeding it wins but says an owner is never entitled to them (Art. XXIX.C).