Common areas defined.

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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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