Common Ground Defined

Common Ground, Limited Common Ground

The Master Deed is the governing document established by the developer of Fairway Oaks Plantation to ensure that the property will continue to maintain its uniform/consistent appearance, and that the original amenities established will continue to be provided for homeowners. The Master Deed also specifies that the making of additional rules, and that the enforcement of all rules, is the responsibility of the Fairway Oaks Board of Directors. The language established by the Master Deed can only be changed by a vote of 2/3 of the homeowners.

Common and Limited Common Ground are terms that are defined specifically in our Master Deed. Common ground in Fairway Oaks is owned by all members. It encompasses all the property and structures in our community such as the grassy areas, parking lots, sidewalks, pool, playground, spa, and clubhouse, as well as from the “walls out” of every building, including all property and beds around your unit. Homeowners actually own from the “walls in” and the contents of their specific units.  Common property, including the individual outside structures of the buildings, is subject to the rules and regulations of the Master Deed and any additional rules implemented by the Board of Directors.

Some of the common ground has been designated as “limited common ground,” which means the owner of the unit has been granted exclusive use of that area, and has the responsibility for maintenance of these areas according to the Master Deed. These areas are the patio, front stoop, the area under your AC unit, and all doors and windows of your unit. When revising our Architectural Standards, the Board granted temporary exclusive use of common ground in the following circumstances:

• A fence can be installed around a homeowner’s patio, not to extend further out than 12 inches on all 3 open sides of the concrete with approval.

• A gas tank of a specified size and color, and surrounded by a white latticework fence, may be placed outside the unit beside the chimney to supply gas logs in the fireplace.

• The base of a patio size umbrella of a specific size and color may be placed on the common ground to the left or right of the patio.

• A storage box of a specific size and color may be placed on the common ground within 12 inches to the left or right of the patio if the homeowner does not have a fence. If there is a fence, the storage box must be place inside the fencing.

• In the small units (Buildings 1 – 28, 32 – 34, and 44 - 46) the area between the stoop and chimney has also been designated for the temporary exclusive use of the owner. Owners may personalize, within reason, in these areas. Yard flags, potted plants, small statuary pieces, and small cobblestones for support are allowed.

  If anything located on limited common ground becomes unsightly or in need of repair, it is the responsibility of the owner to repair or clean it. For example, if the patio becomes stained, it is the responsibility of the owner to clean it off. The Board of Directors is responsible for determining if anything is unsightly or in need of repair.