(a) Each provision of the declaration and bylaws is severable.
(b) The rule against perpetuities does not defeat any provision of the declaration, bylaws, rules, or regulations adopted under AS 34.08.320(a)(1).
(c) In a conflict between the provisions of the declaration and the bylaws, the declaration prevails unless the declaration is inconsistent with this chapter.
(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.
Structure Alaska Statutes
Chapter 08. Common Interest Ownership
Article 2. Creation, Alteration, and Termination of Common Interest Communities.
Sec. 34.08.090. Creation of common interest communities.
Sec. 34.08.100. Unit boundaries.
Sec. 34.08.110. Construction and validity of declaration and bylaws.
Sec. 34.08.120. Description of units.
Sec. 34.08.130. Contents of declaration.
Sec. 34.08.140. Leasehold common interest communities.
Sec. 34.08.150. Allocation of allocated interests.
Sec. 34.08.160. Limited common elements.
Sec. 34.08.170. Plats and plans.
Sec. 34.08.180. Exercise of development rights.
Sec. 34.08.190. Alterations of units.
Sec. 34.08.200. Relocation of boundaries between adjoining units.
Sec. 34.08.210. Subdivision of units.
Sec. 34.08.220. Easement for encroachments.
Sec. 34.08.230. Use for sales purposes.
Sec. 34.08.240. Easement rights.
Sec. 34.08.250. Amendment of declaration.
Sec. 34.08.255. Amendment of a declaration where fewer than 50 percent of unit owners approve.
Sec. 34.08.260. Termination of common interest community.
Sec. 34.08.270. Rights of secured lenders.
Sec. 34.08.280. Master associations.
Sec. 34.08.290. Merger or consolidation of common interest communities.