The board has been owner-elected since the Grantor's appointment right ended in 2012 and ordinary amendments need 67%, but the Grantor's Class II veto has no confirmed end date in the documents, the Commercial Unit holds a deed-level monopoly on front-desk, rental-management and guest services (service elevator, linen chute, advertising, plus the trash chute via the master declaration) that only Grantor consent plus a unanimous vote can change, disputes go to binding arbitration with a jury waiver, and the master association controls most spending with the tower holding one vote in three.
StructureTwo tiers: a master association above this one
Master associationOcean Reef Master Homeowners' Association, Inc. (Master Declaration recorded September 13, 2002, Deed Book 2518/1301; North Tower is Parcel 2, South Tower is Parcel 1, Parcel 3 is land west of Ocean Blvd)
Commercial unitYes, with its own deed rights
On-site operatorNot stated. Brittain Resorts & Hotels representatives attended the 2024 annual meeting, and the minutes separately refer to 'the rental management group' remaining available for rental-program questions without naming it, so the operator identity is inferred, not stated; the documents also do not state who owns Commercial Unit CU-1 today. Association manager: Ally Management, Inc.
BoardNorth Tower: 3 to 7 directors elected by owners (votes weighted by percentage interest), two-year terms after the initial staggered 3/2/1-year terms; removable by majority of membership; at least two meetings a year, open to members. Nominations by mailed request and from the floor. 2024 election: two incumbents re-elected by acclamation, no other candidates. Management contracts are capped at one year and terminable on 90 days' notice, but the North Tower By-Laws text says 'with cause or penalty' (Exhibit E Art. III Sec. 19(b)), and Sec. 19(a) says that where possible the same managing agent shall serve the Master Association and each subordinate association and that the Grantor or an affiliate may be employed as manager. Master Association: 3 to 9 directors, one elected by each Parcel (South Tower, North Tower, Parcel 3), so the North Tower regime holds one of three master seats and one of three master votes. Minor internal conflicts in the master documents: CC&R 6.2 says three-year staggered terms while the Master By-Laws Art. III Sec. 4 say two-year terms after initial 1/2/3-year terms; CC&R 6.7 allows management contracts up to five years terminable for cause on 60 days while Master By-Laws Art. III Sec. 17(b) cap them at one year terminable without cause on 90 days.
Developer rightsGrantor (Oceanfront Condominium Development, Inc.): the right to designate a majority of the North Tower Board terminated no later than February 28, 2012 (Master Deed Art. XXXII). The Class II membership (four votes per unit, By-Laws Art. II Sec. 2) and the Class II veto over all Board actions (By-Laws Art. III Sec. 3) run only 'so long as the Class II membership exists', which ends when the Grantor or its assigns own fewer than five units or record a termination; the documents do not confirm that date, although the 2024 election was conducted entirely with owner nominees. Phasing rights (Phases II-VI, including Phase III-IV conversion of the Governor's Port meeting room and ground-level commercial areas to units) expired February 28, 2012 (Phase II exercised 2006). Surviving Grantor rights: consent needed to amend Article XIV commercial restriction, Article XXII maintenance, timeshare approval, advertising rules on the resort name/photos, and any provision reserving rights to Grantor. Master Declarant (Martinique Investors, LLC / Winchester Oceanfront Corporation) appointed all master directors until January 1, 2013, reserved the option to convert the Parcel 2 bar/restaurant/kitchen/laundry areas and Governor's Port meeting room to residential units and the Parcel 3 ballroom to a restaurant/bar, with converted areas ceasing to be Common Areas (CC&R Art. II Notice of Planned Changes; First Amendment para. 3), and may still add Additional Property and amend unilaterally for limited purposes within a 25-year option term from the September 2002 recording (to September 2027).
Commercial-unit rightsDeed-level: Commercial Unit CU-1 may be used for all legal commercial purposes including general rental management, front desk, key pick-up/drop-off, concierge, cable/internet/phone to units, restaurant, lounge, gift shop, guest laundry, cell tower; exclusive use of the linen chute, maids' closets and service elevator (Master Deed Art. XIV); trash chute exclusivity rests on Master Declaration (CC&R) 4.5, not the Master Deed; exclusive perpetual advertising easement over corridors, elevators and building exterior; right to vend food, beverage and retail on all pool decks; may alter non-structural parts of CU-1 without Board consent; rules that diminish its rights are not binding without Grantor consent; may specifically enforce Article XIV against the Association and owners with fee-shifting; its Article XIV suits are exempt from the arbitration clause; its rights can be amended only with Grantor and all commercial-unit owners' consent. Pays 2.7622% of assessments ($7,948.39/month in 2026, up from $5,034 in 2022 and $5,388 in 2023 per FY2024 Note 10, so its share rises with everyone else's).
VotesNorth Tower: one vote per unit weighted by Exhibit C percentage interest (studio 0.3136%, CU-1 2.7623%); quorum 51%; proxies allowed. Master: one vote per Member (Parcel/Subordinate Association), the North Tower board casts the North Tower vote.
Changing the deedMaster Deed: proposed by Board majority or members owning a majority of units, adopted by 67% of members owning a unit; unanimous consent for changes to percentage interests or assessment apportionment; Grantor consent for Grantor rights; Grantor plus all commercial-unit owners for commercial rights. By-Laws: 67% of total votes including 67% of non-Grantor votes. Rules & Regulations: Board alone. Master Declaration: 75% of master votes (plus affected owner/mortgagee); Master By-Laws 75%; CC&R 4.4 residential/commercial restriction needs Declarant consent and unanimous owners. Master Declaration term: 30 years from the September 2002 recording (to 2032), then automatic 10-year renewals unless 75% of master votes terminate (CC&R 10.4).
Disputes or lawsuitsNo pending litigation disclosed; FY2024 audit Note 4 says only routine collection and covenant matters. Master Deed Art. XXXIX imposes mandatory negotiation, mediation and final binding arbitration (claims deemed waived if deadlines missed) and Art. XXXVIII waives jury trial; CC&R 6.6 makes master Board determinations final and binding on members and CC&R 10.14 also waives jury trial. 2014-2016 tri-party purchase of the formerly leased lobby/offices/fitness-room/front-parking parcel with the master and Martinique Investors, LLC (North Tower 6.7%, master 75.8%, Martinique 17.5%).