Nebraska Statutes
§ 76-840 — Construction and validity of declaration and bylaws
Nebraska·Ch. 76 Real Property
(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, bylaws, rules, or regulations adopted pursuant to subdivision (a)(1) of section 76-860 .
(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 sections 76-825 to 76-894 .
(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 sections 76-825 to 76-894 . Whether a substantial failure impairs marketability is not affected by sections 76-825 to 76-894 .
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Legislative History
Source: Laws 1983, LB 433, § 16.
Nearby Sections
15
§ 76-1001
Terms, defined§ 76-1003
Trustee; qualification§ 76-1004
Successor trustee; appointment by
beneficiary; effect; substitution of trustee; recording; form§ 76-1005
Power of sale conferred on trustee§ 76-101
Terms, defined§ 76-1011.01
Sale of trust property; proceeds of sale; disposition; objecting party; attorney's fees and costs