South Dakota Codified Laws
Chapter 15A - Condominiums
Section 43-15A-28 - Validation of previously established vertical and horizontal property regimes and condominiums--Deadline for enforcing rights--Notice of pendency.

43-15A-28. Validation of previously established vertical and horizontal property regimes and condominiums--Deadline for enforcing rights--Notice of pendency.
Any vertical and horizontal property regime established pursuant to former chapter 43-15, or any condominium established pursuant to chapter 43-15A recorded before January 1, 1992, in the office of the register of deeds of the county in which the land is located, which was in compliance with former chapter 43-15 or chapter 43-15A, respectively, is hereby declared to be valid.
If any person had any vested right in any real property conveyed under either of said chapters, and no action or proceeding to enforce such right was begun prior to July 1, 1993, such right shall be forever barred; and no action or proceeding so brought shall be of any force or effect or maintainable in any court of this state unless, prior to July 1, 1993, there was recorded in the office of the register of deeds of the county in which the real property affected is located, a notice of the pendency of such action, in accordance with the provision of chapter 15-10.

Source: SL 1980, ch 294, §21; SL 1992, ch 307, §52.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 43 - Property

Chapter 15A - Condominiums

Section 43-15A-1 - Definition of terms.

Section 43-15A-2 - Estates subject to chapter.

Section 43-15A-3 - Establishment of condominium project--Master deed or lease.

Section 43-15A-4 - Particulars required in master deed or lease.

Section 43-15A-5 - Common areas defined.

Section 43-15A-6 - Joint or common ownership.

Section 43-15A-7 - Exclusive and common rights of owners.

Section 43-15A-8 - Recording of transfers and encumbrances of individual units.

Section 43-15A-9 - Recording of master deeds and leases--Tax inapplicable to original recordation.

Section 43-15A-10 - Notice of intent to sell domestic condominium--Contract voidable if notice not given.

Section 43-15A-11 - Fee to accompany notice of intent--Questionnaire--Form and content.

Section 43-15A-12 - Inspection of condominium project.

Section 43-15A-13 - Waiver of initial inspection.

Section 43-15A-14 - Filing fee and inspection expenses to accompany notice of intent--Payment to inspector.

Section 43-15A-15 - Deposit and expenditure of fees.

Section 43-15A-16 - Public report of examination findings--Status of report.

Section 43-15A-17 - Commission report required before offer to sell or taking reservations to purchase.

Section 43-15A-18 - Supplementary report on investigations made after final or substitute report issued--True copy to purchasers.

Section 43-15A-19 - Copy of reports issued to prospective purchaser before binding contract for sale--Time to read copy--Receipt.

Section 43-15A-20 - True copies to be exact reproductions of commission's reports.

Section 43-15A-21 - Receipts kept by developer--Inspection--Duration.

Section 43-15A-22 - Material change in offering prohibited without written notice.

Section 43-15A-23 - Deposits held in escrow until delivery of deed.

Section 43-15A-24 - Management or recreation facility contract period limited--Subsequent contracts by council of co-owners.

Section 43-15A-25 - False statement, fraud, or violation of provisions as misdemeanor.

Section 43-15A-26 - Investigation of developer suspected of violations--Examination of books--Developers to keep records available.

Section 43-15A-28 - Validation of previously established vertical and horizontal property regimes and condominiums--Deadline for enforcing rights--Notice of pendency.

Section 43-15A-29 - Lien for erection, repair, or improvement of a single development--Apportionment of liens.

Section 43-15A-30 - Promulgation of rules to administer and enforce chapter.