Four of five directors are now owner-elected, but the resort commercial unit keeps an appointed seat, a veto over all Board actions and a quadruple vote while Class II membership lasts (no later than October 1, 2030, termination status unstated), no recusal duty on resort-HOA contracts, and perpetual deed-level exclusive rights to front desk, rental management, advertising, food and beverage and pool-deck closures that change only with its consent plus a unanimous owner vote; the developer also retains phase-addition and demolition rights until October 1, 2030.
StructureTwo tiers: a master association above this one
Master associationSea Mist Master Homeowners' Association, Inc.
Commercial unitYes, with its own deed rights
On-site operatorNot named as a company in the deed. The deed grants the resort-operator rights to the OWNER of Commercial Unit CU-1 (lobby, maintenance areas, roofs, front desk/rental-management/food-and-beverage/advertising easements). The service marks 'Sea Mist' and 'Sea Mist Resort' belong to Sea Mist, Inc.; the rules say the pools are 'owned by Sea Mist'. The grantor/converter was Condo Conversions SM, LLC. The HOA's management company per the rules is Inlet HOA Management Services, LLC.
BoardFive directors after the Class II Control Period: four elected by the members (initially two for three-year and two for two-year terms, then two-year terms) and a fifth appointed by the Class II member (owner of Commercial Unit CU-1) until Class II membership ends, after which the fifth is elected. Directors need not be owners. Removal with or without cause by majority vote of the membership. The initial three-person board was appointed by the CU-1 owner for a ten-year Control Period from the April 2006 filing (so through about April 2016). After Class II ends, the CU-1 owner may still appoint a non-voting ex officio director. Board meetings are open to members; at least two per year. Annual audited report required within 120 days of fiscal year end. The Board may borrow for repairs or budget shortfalls without a member vote unless the loan funds new/modified amenities or exceeds 10% of budgeted gross expenses (then a majority member vote is needed); management contracts are capped at two years and the Grantor or an affiliate may serve as managing agent (By-Laws Art. III Secs. 18, 20).
Developer rightsGrantor (Condo Conversions SM, LLC, successors and assigns) may add Phases II-XII (up to 360 residential and 5 commercial units per phase, on common elements or land within one mile) by unilateral amendment until October 1, 2030, including demolishing the CU-2 improvements to build a tower, removing/relocating parking, balconies and landscaping, and closing pool/parking facilities temporarily during construction. Grantor controls PUD zoning amendments while it can add phases, may amend the deed for scrivener/lender changes, keeps sales/model/signage rights while it owns any unit, and its reserved rights can only be amended with its written consent. Rules that affect the Grantor or Commercial Units do not bind them without written consent.
Commercial-unit rightsCommercial Unit CU-1 (lobby, maintenance areas, roofs of both wings, loading drives) holds perpetual exclusive easements for advertising over corridors/elevators/exterior/parking, food and beverage sales and tables/chairs on pool and sun decks and all common elements, live/recorded music on pool and sun decks 9:00 a.m. to midnight, exclusion of owners from pool decks up to 12 hours for functions, telephone/cable TV/internet service to the Regime (switchboard remains CU-1 property), control of movable signage, and rooftop antennas. CU-1 alone may run rental management, front desk, concierge, key pick-up/drop-off, guest laundries, restaurant, lounge, spa, night club etc. and use the storage closets and service chases; CU-1 may alter its unit and limited common elements without Board consent; CU-1 may specifically enforce Art. XIV with attorney's fees; a CU-1 representative on the Board or as a member need not recuse on contracts between CU-1 and the Association. Class II vote weight is four times CU-1's percentage interest. Class II veto over all Board/committee actions for as long as Class II membership exists (terminable earlier by CU-1; ends no later than October 1, 2030); Master Deed Art. XXXII ties the approval right to the period the Grantor can add phases. Article XIV, Article XXII (maintenance) and Article XXXII, plus any CU-1 right, may be amended only with CU-1's written consent. CU-2 (gift shop, Oasis, pool, pool building and Lighthouse Lounge) may be demolished/reconfigured at the owner's discretion. The pool is not HOA property.
VotesOne vote per unit weighted by percentage interest in the common elements (condos 0.3661% each, Penthouse 1.4644%, CU-1 0.3351% but 4x during Class II, CU-2 0.0837%). Quorum 51% of the total vote; majority means more than 50% of total percentage interest; proxies must be delivered 48 hours before the meeting. Multiple owners of a unit designate one Voting Member.
Changing the deedMaster Deed: 67% of the undivided interest in common elements at a special meeting called on a Board-majority or 25%-member proposal; percentage-interest/assessment-basis changes need all owners and mortgagees; Art. XIV commercial restriction needs a unanimous owner vote and CU-1 consent; Grantor and CU-1 reserved rights need their written consent; mortgagee rights need all mortgagees. By-Laws: 67% of total votes including Grantor-owned units, subject to the same Grantor/CU-1 consent carve-outs. Termination of the regime: unanimous owners and lienholders. Rules: Board (and Master and Horizontal HOA directors) may change at any time.
Disputes or lawsuitsNo lawsuit, complaint or minutes are in the set. Indicators only: Legal Services Expense budgeted at $60,000 for 2026 versus $0 in 2025, Professional Services $45,000 new in 2026, Bad Debt Expense $400,000 in 2025 and $100,000 in 2026 (collections activity). The Master Deed requires binding arbitration in Horry County and waives jury trial for all disputes under the deed and construction/condition claims, with fee-shifting to the prevailing party; assessment collection suits and CU-1's Art. XIV enforcement suits are carved out of arbitration.