The board is owner-elected with one-term limits and owners can amend with 51% of voting interests, and C-1 holds no monopoly on unit rentals, but the Commercial Unit's deed-level rights cannot be amended without its consent (representative in every Board and committee meeting with full records access, anti-discrimination clause, exclusive commercial use of the common elements, elevator advertising, four-hour common-area closures) and all disputes go to mandatory binding arbitration (Master Deed 3.4, 5.1(i),(k), 6.6, 10.3(c),(d), Article XVIII).
StructureOne association
Commercial unitYes, with its own deed rights
BoardBoard of 3 to 5 directors 'elected by and from the Co-Owners' (Master Deed 3.1); three-year staggered terms, directors must be POA members, a director is limited to one three-year term and ineligible for any board position for two years after (Bylaws 5.02); removal by vote of more than 51% of the votes entitled to elect that seat (Bylaws 5.09); annual meeting in May, directors elected by secret ballot, quorum is a Majority (51%) of percentage interests, special meetings on request of 25% of votes (Bylaws 4.02-4.09). Declarant appointed the board only for two years from May 1999 (13.2). Board alone may adopt use rules (3.2, 5.1(g)) and levy special assessments by majority board vote (4.9).
Developer rightsProject Declarant (Boulevard Conversions, Inc.) reserved the option to add Phase II (up to 175 units, max 264 total) with an election deadline of December 31, 2020 (2.8), a unilateral amendment right until December 31, 2020 (10.1), consent over owner amendments while it owns any unit (10.3(b)), sales/model/signage easements until all units are sold (5.1(a), 6.4), and the right to lease unoccupiable Phase I units at 'Unit Net Rental' during Phase II construction (2.9). All are date- or sale-limited: the Phase II election deadline and the unilateral amendment right both expired by their own terms on December 31, 2020, and the 2026 budget's Phase I-only percentages indicate Phase II was never added, but no recorded instrument in the set confirms whether the option was exercised or lapsed. The land seller (S&H Development of Myrtle Beach, LLC) reserved all causes of action against the City of Myrtle Beach over a condominium tower proposed for part of the land (2.1(e)).
Commercial-unit rightsDeed-level, largely unamendable rights for the owner of Commercial Unit C-1 (entire Building II): 4.385965% vote; right to name a representative who receives notice of, attends and participates in all Board and committee meetings and has access to all Board records and correspondence (3.4; Bylaws 4.12); may alter the interior and exterior of C-1 'in any manner whatsoever' subject to architectural compatibility (2.3(k)); may use C-1 for rental offices, POA management, restaurants, bars, game rooms, gift shop, vending and other retail open to the general public, and may use the Common Elements to promote those uses (5.1(a)); exclusive Limited Common Elements (laundry, guest laundry, housekeeping, maid's room, vending areas, storage, portico, signs, telephone conduits) (2.5); easement to post signs and advertising in all elevators and prominent common-element locations (6.6(c)); right to serve food and beverage to co-owners and guests on common elements and in units and to close common elements up to four consecutive hours per day for private functions (6.6(d)); no one else may use any unit or common element for a commercial purpose (2.5, 5.1(i)); no amendment, rule or Board resolution may unfairly discriminate against C-1 or its guests, and Section 5.1(k) itself cannot be amended without C-1's written consent (5.1(k), 10.3(c),(d)); no Commercial Units in Phase II without C-1 consent (2.8); Board may not grant common-area easements inconsistent with C-1's rights (Bylaws 5.03(k)); C-1 insures and maintains Building II itself and pays its own metered electricity (4.3, 7.3, 9.2(c)). There is NO requirement that owners rent through C-1 and no C-1 monopoly on unit rentals.
VotesOne vote per unit weighted by percentage interest (2.7, 3.3): studio 1.052632%, kitchenette 1.105263%, suite 1.807018%, C-1 4.385965%. Majority of votes present at a quorum meeting decides ordinary matters (Bylaws 4.09); 'Majority of Co-Owners' means 51% of statutory value (1.17). Termination of the regime requires all co-owners plus all mortgagees (11.1); obsolescence plan requires unanimous vote (15.1); POA dissolution 90% in first 20 years then 75% (Bylaws Art. VIII).
Changing the deed51% of all voting interests to amend the Master Deed or Bylaws (Section 10.3 as amended March 2012; originally three-fourths), subject to: no change to a unit's dimensions or percentage without that owner's consent, Declarant consent while it owns a unit, no unfair discrimination against the Commercial Unit, and no change to Declarant or Commercial Unit rights without their consent (10.3(a)-(d)); amendments affecting mortgagee protections need all mortgagees (12.9); Section 18.6 (litigation approval) can only be amended by the same vote needed to approve litigation. Declarant could amend unilaterally for Phase II/corrections until December 31, 2020 (10.1, 10.2).
Disputes or lawsuitsNo lawsuit, complaint, judgment or dispute document is in the set; budget carries only '518-Legal 2,000'. Structural points: Article XVIII makes all claims among the Declarant, POA and co-owners under the regime documents (except POA assessment-collection suits and emergency injunctions) subject to mandatory written notice, 30-day negotiation and then final binding AAA arbitration in Myrtle Beach, with loser-pays cost shifting and no punitive damages (18.1-18.4); the POA may not start any proceeding over $25,000 without a member vote at a quorum meeting (18.6). The deed's cover reads 'THIS AGREEMENT IS SUBJECT TO ARBITRATION PURSUANT TO THE SOUTH CAROLINA UNIFORM ARBITRATION ACT'. The 2012 amendment passed with 80.84% of percentage interests in favour and 6.38% opposed. The land seller reserved claims against the City of Myrtle Beach regarding a proposed condominium tower (2.1(e)) - a 1999 matter whose outcome is unstated.