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 defeat any provision of the declaration, bylaws, or rules and regulations adopted pursuant to G.S. 47C-3-102(a)(1).
(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 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 to comply with this chapter impairs marketability shall be determined by the law of this State relating to marketability. (1985 (Reg. Sess., 1986), c. 877, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 47C - North Carolina Condominium Act
Article 2 - Creation, Alteration, and Termination of Condominiums.
§ 47C-2-101 - Execution and recordation of declaration.
§ 47C-2-102 - Unit boundaries.
§ 47C-2-103 - Construction and validity of declaration and bylaws.
§ 47C-2-104 - Description of units.
§ 47C-2-105 - Contents of declaration.
§ 47C-2-106 - Leasehold condominiums.
§ 47C-2-107 - Allocation of common element, interests, votes, and common expense liabilities.
§ 47C-2-108 - Limited common elements.
§ 47C-2-109 - Plats and plans.
§ 47C-2-110 - Exercise of development rights.
§ 47C-2-111 - Alterations of units.
§ 47C-2-112 - Relocation of boundaries between adjoining units.
§ 47C-2-113 - Subdivision of units.
§ 47C-2-114 - Monuments as boundaries.
§ 47C-2-115 - Use for sales purposes.
§ 47C-2-116 - Easement to facilitate exercise of special declarant rights.
§ 47C-2-117 - Amendment of declaration.
§ 47C-2-117.1 - Judicial reformation of declaration.
§ 47C-2-118 - Termination of condominium.