Title 33 - Property

Chapter 9 - Condominiums

Article 2 - Creation, Alteration and Termination of Condominiums

• A. All provisions of the condominium documents are severable.
• B. The rule against perpetuities shall not be applied to defeat any provision of the condominium documents.
• C. Except to the extent inconsistent with this chapter:
• • 1. If a conflict exists between the provisions of the declaration and the other condominium documents, the declaration prevails.
  • 2. If a conflict exists between the provisions of the articles of incorporation and the bylaws or rules, the articles of incorporation prevail.
  • 3. If a conflict exists between the provisions of the bylaws and the rules, the bylaws prevail.
• D. Title to a unit and common elements is not rendered unmarketable or otherwise affected by reason of an insubstantial failure of any condominium documents to comply with this chapter.