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2022 Delaware Code
Title 25 - Property
Chapter 81. DELAWARE UNIFORM COMMON INTEREST OWNERSHIP ACT
Subchapter II. Creation, Alteration, and Termination of Common Interest
§ 81-203. Construction and validity of declaration and bylaws.
Universal Citation: 25 DE Code § 81-203 (2022)
§ 81-203. Construction and validity of declaration and bylaws.
(a) All provisions of the declaration and bylaws are severable.
(b) The rule against perpetuities does not apply to defeat any provision of the declaration, bylaws or rules.
(c) In the event of a conflict between the provisions of the declaration and the bylaws, the declaration prevails.
(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.
76 Del. Laws, c. 422, § 2; 77 Del. Laws, c. 91, §§ 23, 24, 82;
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