Developer rights expired by September 2026 and the board is owner-elected with ordinary 67%/66% amendment thresholds, but commercial unit C-1 holds perpetual exclusive advertising, roof and service easements that the HOA cannot regulate or amend without Grantor and commercial-owner consent.
StructureOne association
Commercial unitYes, with its own deed rights
Board3 to 5 directors. After developer (Class II) control ends, five directors are elected by the members with staggered three-year terms (initially 3/3/2/2/1 years); directors must be owners, may serve unlimited consecutive terms, and may be removed with or without cause by a majority vote of the membership. Officers (President, VP, Secretary, Treasurer) are elected annually by the Board. At least four Board meetings a year, open to members.
Developer rightsGrantor (Sands Resorts Development, LLC) reserved: the option to add North Tower Phases II-III (up to 500 units and 10 more commercial units) and to amend the Master Deed unilaterally for that purpose until September 1, 2026; the right to designate a majority of the Board while Class II membership exists, any phase is unsubmitted, or it owns any unit, terminating no later than September 1, 2026; a Class II veto over all Board and committee actions while Class II membership exists; approval of all Master Deed amendments while it holds phase rights; immunity of its reserved rights from amendment without its written consent; the right to submit future-phase units to timeshare; and the right to use units as sales offices until all units in all phases are sold. Grantor directors need not recuse on contracts between Grantor and the Association. By the deed's own outer dates these rights have expired as of October 2026, but the set contains nothing confirming when Class II control actually ended.
Commercial-unit rightsCommercial units C-1, C-2, C-3 may be used for any legal commercial purpose including general rentals, management, restaurant, lounge and night clubs. C-1 holds a perpetual exclusive advertising easement over all common elements and the building exterior and an exclusive roof easement for antennas and satellite dishes. Commercial owners may use the common elements to deliver room service, laundry, maid and management services, and may alter non-structural components of their units without Board consent. Rules that diminish commercial-unit rights are not binding without the Grantor's written consent (Art. XV), and commercial-unit rights can only be amended with the written consent of the Grantor and all commercial-unit owners (Art. XXIX). No deed-level monopoly on residential rentals or guest services exists.
VotesTwo membership classes (Class I owners, Class II Grantor) defined in the Articles of Incorporation, which are referenced as Exhibit D but not included in the PDF; per-unit vote weights are therefore unstated. Quorum is 51% of total votes; proxies allowed; 'majority' means more than 50%; special meetings on petition of 10% of votes; unanimous written consent allowed in lieu of a meeting.
Changing the deedMaster Deed: 67% of members owning a unit (Art. XXIX), except changes to percentage interests or the assessment basis (all owners plus all mortgagees), Grantor rights (Grantor consent), commercial-unit rights (Grantor plus all commercial owners), and the commercial-activity ban (Grantor plus unanimous owners). By-Laws: 66% of total votes including 66% of non-Grantor votes (By-Laws Art. VI Sec. 6). Termination of the regime: unanimous owners plus all lienholders (Art. XXVIII). Rules and regulations: Board action.
Disputes or lawsuitsunstated - no minutes, financial statements or disclosures in the set