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§ 43-15A-5 Common areas defined.

SD Codified L § 43-15A-5 (2019) (N/A)
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43-15A-5. Common areas defined. "Common areas," as used in this chapter, unless the context otherwise requires and unless otherwise provided in the master deed or lease, includes:

(1) The land whether fee simple or leased, on which the building or buildings stand;

(2) The foundations, main walls, roofs, halls, lobbies, stairways, and entrances and exits and communication ways;

(3) The basements, flat roofs, yards, gardens, recreation facilities, and parking areas, unless otherwise provided or stipulated;

(4) The premises for the lodging of janitors or persons in charge of the building or buildings, except as otherwise provided or stipulated;

(5) The compartments or installations of central services such as power, light, gas, cold and hot water, refrigeration, reservoirs, water tanks, pumps, and the like;

(6) The elevators, garbage incinerators, and in general all devices or installations existing for common use; and

(7) All other elements of the property rationally of common use or necessary to its existence, upkeep, and safety.Source: SL 1975, ch 270, § 1 (6).

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§ 43-15A-4 Particulars required in master deed or lease.
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§ 43-15A-6 Joint or common ownership.