§1602-103. Construction and validity of declaration and bylaws
(a) All provisions of the declaration and bylaws are severable. [PL 1981, c. 699 (NEW).]
(b) Neither the rule against perpetuities nor the provisions of section 116, as it or its equivalent may be amended from time to time, may be applied to defeat any provision of the declaration, bylaws or rules and regulations adopted pursuant to section 1603‑102, subsection (a), paragraph (1). [PL 2017, c. 402, Pt. B, §3 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]
(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 this Act. [PL 1981, c. 699 (NEW).]
(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 Act. Whether a substantial failure impairs marketability is not affected by this Act. [PL 1981, c. 699 (NEW).]
SECTION HISTORY
PL 1981, c. 699 (NEW). PL 2017, c. 402, Pt. B, §3 (AMD). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
Structure Maine Revised Statutes
Chapter 31: MAINE CONDOMINIUM ACT
Article 2: CREATION, ALTERATION AND TERMINATION OF CONDOMINIUMS
33 §1602-101. Creation of condominium
33 §1602-103. Construction and validity of declaration and bylaws
33 §1602-104. Description of units
33 §1602-105. Contents of declaration
33 §1602-106. Leasehold condominiums
33 §1602-107. Allocations of common element interests, votes and common expense liabilities
33 §1602-108. Limited common elements
33 §1602-110. Exercise of development rights
33 §1602-111. Alterations of units
33 §1602-112. Relocation of boundaries between adjoining units
33 §1602-113. Subdivision of units
33 §1602-114. Easement for encroachments
33 §1602-115. Use for sales purposes
33 §1602-116. Easement to facilitate exercise of special declarant rights
33 §1602-117. Amendment of declaration
33 §1602-118. Termination of condominium
33 §1602-119. Rights of secured lenders