TITLE 34
Property

CHAPTER 34-36.1
Condominium Law

ARTICLE 34-36.1-2.01
Creation, Alteration, and Termination of Condominiums

SECTION 34-36.1-2.03


§ 34-36.1-2.03 Construction and validity of declaration and bylaws.

(a) All provisions of the declaration and bylaws are severable, except a housing restriction as set forth in § 34-39.1-3, may not be severed from the declaration and bylaws.

(b) The rule against perpetuities may not be applied to defeat any provision of the declaration, bylaws, rules, or regulations adopted pursuant to § 34-36.1-3.02(a)(1).

(c) In the event of a conflict between the provisions of the declaration and the bylaws, the declaration prevails except to the extent the declaration is inconsistent with this chapter.

(d) Title to a unit and common elements is not rendered unmarketable or otherwise affected by reason of an insubstantial failure of the declaration to comply with this chapter. Whether a substantial failure impairs marketability is not affected by this chapter.

History of Section.
(P.L. 1982, ch. 329, § 2; P.L. 2006, ch. 368, § 3; P.L. 2006, ch. 464, § 3.)