South Dakota Codified Laws
Chapter 15A - Condominiums
Section 43-15A-5 - Common areas defined.

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, ยง1 (6).

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.