The board is owner-elected in practice (five-member owner-elected Board in 2023, which the By-Laws permit only after Class II control ends) and every developer right expires no later than November 1, 2026, but the four commercial units hold a deed-level monopoly on rental management, front desk, key handling, concierge and guest services, can enforce it by suit with attorney's fees, cannot be bound by Association rules without developer consent, and that restriction can be changed only with developer consent plus a unanimous owner vote; the monopoly is the guide's 1 marker, the elected board pulls it to 2.
Commercial unitYes, with its own deed rights
On-site operatorOn-site commercial management company (not named in the deed or rules); the 2023 annual meeting minutes list attendees from Brittain Resorts and Hotels alongside Paradise Resort staff. HOA management: Ally Management, Inc.
BoardBy-Laws: 3 to 7 directors; initial 3 appointed by the Grantor (Class II member); after Class II control ends, 5 directors elected by members with staggered 3/2/1-year initial terms and 2-year terms thereafter; removal by majority of members; President, VP, Secretary, Treasurer elected from the Board. In practice the Oct 2023 meeting had a 5-member board, three seats up for election, five homeowner candidates, 51% quorum met by proxy.
Developer rightsGrantor Paradise Resort, LLC is the sole Class II member with 4 votes per unit it owns, the right to appoint a majority of the Board, and (By-Laws Art. III Sec. 3) a veto over all Board and committee actions so long as Class II membership exists; Class II membership and director-appointment power terminate no later than November 1, 2026 (or earlier by recorded instrument; no such instrument is in this set). Grantor may add phases up to 475 residential units until November 1, 2026, grant amenity easements to other properties in the Firebird and Surf & Dunes PUD, grant utility/cable easements without consent, approve or deny timeshare plans, and must consent to amendments touching its rights, the maintenance article (Art. XXIII) and the commercial-activity restriction. Grantor directors and the Grantor as a member need not recuse on self-interested management contracts. Contracts signed during Class II control must be terminable on 90 days' notice. The Grantor or an affiliate may be employed as the Association's managing agent (By-Laws Art. III Sec. 19(a)). Context: the By-Laws allow a five-member Board only after Class II control ends, and the Oct 2023 minutes show a five-member Board with three seats filled by owner election, which is consistent with Class II control having already terminated even though no terminating instrument is in this set; in any event every Class II right expires no later than November 1, 2026.
Commercial-unit rightsFour commercial units (C-1 lobby/check-in/guest services/laundry/maids closets/exercise room/elevator #5/roof antenna easement; C-2 retail; C-3 convenience store; C-4 restaurant and bar) hold a deed-level monopoly on all commercial activity in the regime, expressly including general rentals, rental-management service for residential units, key pick-up and drop-off, front desk, concierge, cable, internet and phone service to units, laundries, restaurant and bar. Owners may not use common elements for the business of renting; only C-1 may use maids closets and linen chute; C-4 may sell food and alcohol anywhere on the common elements; commercial units hold an exclusive advertising easement over corridors, elevators and the building exterior and control movable signs; they may alter non-structural components without Board consent; Association rules cannot bind the commercial units without Grantor consent; any commercial owner may sue for specific performance of Art. XV with attorney's fees (exempt from arbitration); commercial-unit rights can be changed only with written consent of the Grantor and all commercial owners. The C-1 owner also holds a deed easement to use the common elements for 'waiter or room service, laundry service, maid service, and general condominium management services' (Art. VIII p.10), and if the Grantor supplies cable/internet, all in-unit wiring for it is a C-1 limited common element (Art. IX p.11). The Board may approve amenities whose access and cost are shared with nearby hotels or condominiums (Art. XXI p.17; By-Laws Art. III Sec. 22, 2/3 of directors).
VotesClass I: one vote per unit weighted by percentage interest in the common elements (co-owners designate one voting member); Class II (Grantor): four votes per unit owned. Proxies allowed; quorum 51% of total vote; special meeting on petition of 10% of votes; 2/3 of directors needed for shared-amenity agreements with other properties.
Changing the deedMaster Deed: proposed by majority of Board or members owning a majority of units, adopted by 67% of members owning a unit at a special meeting; unanimous owner and mortgagee consent to change percentage interests or assessment apportionment; Grantor consent for Grantor rights; Grantor plus all commercial owners for commercial rights; termination of the regime requires unanimous owners and lienholders. By-Laws: 67% of total votes including 67% of non-Grantor votes, effective on recording. Rules: Board alone.
Disputes or lawsuitsNo litigation disclosed; FY2022 audit received a clean opinion. Master Deed Art. XXXVII waives jury trial and Art. XXXVIII imposes mandatory notice-negotiation-mediation-binding arbitration (with strict 30/15-day deadlines after which claims are waived) for all claims involving the Grantor, Association, owners or contractors, except assessment collection, TROs, suits between owners not involving the Association, and commercial-unit enforcement of Art. XV. The procedure is asymmetric: the Association's own suits to collect assessments are 'Exempt Claims' it may bring in court, while an owner's claims against the Association must go through the arbitration track.