§ 47C-2-103. Construction and validity of declaration and bylaws. - North Carolina Statutes

§ 47C‑2‑103. 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 defeatany  provision of the declaration, bylaws, or rules and regulations adoptedpursuant to G.S. 47C‑3‑102(a)(1).

(c)        In the event of a conflict between the provisions of thedeclaration and the bylaws, the declaration prevails except to the extent thedeclaration is inconsistent with this chapter.

(d)        Title to a unit and common elements is not renderedunmarketable or otherwise affected by reason of an insubstantial failure of thedeclaration to comply with this chapter. Whether a substantial failure tocomply with this chapter impairs marketability shall be determined by the lawof this State relating to marketability. (1985 (Reg. Sess., 1986), c. 877, s. 1.)