South Dakota Codified Laws 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;
Terms Used In South Dakota Codified Laws 43-15A-5
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
(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).