448.2-103. Construction and validity of declaration and bylaws.
Construction and validity of declaration and bylaws.
448.2-103. 1. All provisions of the declaration and bylawsare severable.
2. The rule against perpetuities shall not be applied todefeat any provision of the declaration, bylaws, or rules andregulations adopted pursuant to subdivision (1) of subsection 1of section 448.3-102.
3. In the event of a conflict between the provisions of thedeclaration and the bylaws, the declaration prevails except tothe extent the declaration is inconsistent with sections448.1-101 to 448.4-120.
4. Title to a unit and common elements is not renderedunmarketable or otherwise affected by reason of an insubstantialfailure of the declaration to comply with sections 448.1-101 to448.4-120. Whether or not a substantial failure impairsmarketability shall not be affected by sections 448.1-101 to448.4-120.
(L. 1983 H.B. 177)