Owner-elected three-member board, developer rights long expired, one vote per unit and a 90% deed amendment threshold; the commercial pool bar and penthouse have no monopoly rights, though the deed still contemplates a hotel-style lobby/rental office run by a common-area management company under unseen terms.
StructureOne association
Commercial unitYes, with its own deed rights
BoardThree (3) directors, at least a majority of whom must be Association members; elected by plurality at the Annual Members' Meeting (first Saturday in November, 2:00 PM) for staggered two-year terms; vacancies filled by remaining directors until the next annual meeting; directors removable as for SC for-profit corporations (By-Laws Art. III(a), IV(a),(b)(ii),(iv),(m)). Board elects President, VP, Treasurer, Secretary annually (By-Laws Art. VI). Board may employ a managing agent and delegate powers (Articles Art. VII; By-Laws IV(j)(vi)).
Developer rightsExpired. Declarant (St. Clements, Ltd.) controlled management and appointed a majority of the Board only until the earlier of 120 days after 75% of units were conveyed or three years after recording of the 1987 Master Deed, i.e. no later than November 1990 (Master Deed 9.1; Articles Art. VIII; By-Laws Art. IV(a)). Declarant easements for sales/rental offices, warranty access and construction are tied to Declarant-owned units and a six-month post-closing window (7.0(e),(l); 8.0(e)). Master Deed 13.3 still requires Declarant written consent to amend Declarant rights, and By-Laws IX(e) protects the Owner's director-designation right, but these have no practical effect decades after turnover.
Commercial-unit rightsThree non-standard units: PH-1 'may be used as a commercial or residential unit' (3.0150%, two votes, two garage spaces as limited common elements); 'Pool-1 (commercial)' is the pool bar, which the Rules require to close its roof top at 10:00 PM and operations at 12:00 AM and which gets one parking space; and C-1 (0.5024%). No commercial unit holds exclusive rights to rentals, guest services, lobby or amenities. The Deed allows 'the operation of rental and management offices in the common areas' (7.0(e)) and let the Declarant contract a management company to run 'a rental office, lobby and other related services associated with operating the building as a hotel' terminable by the Association on 90 days notice after turnover (9.5(c)); By-Laws Art. XI say the Corporation shall provide lobby/hotel facilities and each owner 'shall be allowed to use the common facilities associated with the hotel business, subject however to reasonable changes and rules established by the common area management company', while leaving each owner to manage, set rates and hire his own management company. No current hotel/rental operator agreement is in the set.
VotesOne vote per unit, two votes for the Penthouse; an owner of several units casts one vote per unit; non-cumulative; proxies allowed per meeting (Articles Art. IV.4; By-Laws Art. II(d)). Quorum is a majority (51% of value) of the membership; majority of votes represented at a quorum meeting binds unless a higher vote is required (By-Laws Art. II(b),(f)). Multi-owner units must file a voting certificate or their vote is not counted (By-Laws II(c)). Special members' meetings must be called on written request of owners of a majority of units (By-Laws III(b)).
Changing the deedMaster Deed: 90% in common interest of all unit owners, recorded in Horry County (Art. XII 12.0). Changes to percentage interests, expense sharing or common surplus require written consent of ALL owners and all first-mortgage institutional lenders (13.1); lender and Declarant rights need their consent (13.2, 13.3). Use restrictions renew in 10-year periods unless 90% record a change (7.1). By-Laws and Articles: two-thirds (2/3) of total property value at a joint special meeting called 20-60 days after proposal (By-Laws Art. IX; Articles Art. XV). Rules: Board may make and amend regulations consistent with the Deed and Articles (By-Laws IV(j)(iv)); Rules say violations are reported to The Noble Company (management).
Disputes or lawsuitsNone disclosed in the set. 2026 budget carries only $1,200 legal expense. No minutes, litigation letters or complaints included.