Delaware § 81-203 Construction and validity of declaration and bylaws

Delaware Statutes

§ 81-203 — Construction and validity of declaration and bylaws

Delaware § 81-203

JurisdictionDelaware

Title25

PartCommon Interests and Ownership of Real Estate

Ch. 81DELAWARE UNIFORM COMMON INTEREST OWNERSHIP ACT

Subch.Creation, Alteration, and Termination of Common Interest

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Bluebook

Del. Code tit. 25, § 81-203 (2026).

Text

(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.

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(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.