(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.
Structure Delaware Code
Chapter 81. DELAWARE UNIFORM COMMON INTEREST OWNERSHIP ACT
Subchapter II. Creation, Alteration, and Termination of Common Interest
§ 81-201. Creation of common interest communities.
§ 81-203. Construction and validity of declaration and bylaws.
§ 81-204. Description of units.
§ 81-205. Contents of declaration.
§ 81-206. Leasehold common interest communities.
§ 81-207. Allocation of allocated interests.
§ 81-208. Limited common elements.
§ 81-210. Exercise of development rights.
§ 81-211. Alterations of units.
§ 81-212. Relocation of unit boundaries.
§ 81-213. Subdivision of units.
§ 81-214. Variations in boundaries.
§ 81-215. Use for sales purposes.
§ 81-217. Amendment of declaration.
§ 81-218. Termination of common interest community.
§ 81-219. Rights of secured lenders.
§ 81-220. Master associations.
§ 81-221. Merger or consolidation of common interest communities.
§ 81-222. Addition of unspecified real estate.
§ 81-223. Master planned communities.