Construction and Validity of Declaration and Bylaws

Construction and Validity of Declaration and Bylaws. (a) All provisions of the declaration and bylaws are severable. (b) The rule against perpetuities may not be applied to defeat any provision of the declaration or this division, or any instrument executed pursuant to the declaration or this division. (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 division. (d) Title to a unit and its common element interest is not rendered unmarketable or otherwise affected by any provision of unrecorded bylaws, or by reason of an insubstantial failure of the declaration to comply with this division. Source: PL 3-86, § 2-103.