§ 34-36.1-2.03 - Construction and validity of declaration and bylaws.
SECTION 34-36.1-2.03
§ 34-36.1-2.03 Construction and validityof declaration and bylaws. – (a) All provisions of the declaration and bylaws are severable, except ahousing restriction as set forth in § 34-39.1-3, may not be severed fromthe declaration and bylaws.
(b) The rule against perpetuities may not be applied todefeat any provision of the declaration, bylaws, rules, or regulations adoptedpursuant to § 34-36.1-3.02(a)(1).
(c) In the event of a conflict between the provisions of thedeclaration and the bylaws, the declaration prevails except to the extent thedeclaration is inconsistent with this chapter.
(d) Title to a unit and common elements is not renderedunmarketable or otherwise affected by reason of an insubstantial failure of thedeclaration to comply with this chapter. Whether a substantial failure impairsmarketability is not affected by this chapter.