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).
South Dakota Legal Code