Sec. 82.053. CONSTRUCTION AND VALIDITY OF DECLARATION AND BYLAWS. (a) The 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 of the association.
(c) If there is 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 made unmarketable or otherwise affected by a provision of unrecorded bylaws or 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.
Added by Acts 1993, 73rd Leg., ch. 244, Sec. 1, eff. Jan. 1, 1994.
Structure Texas Statutes
Chapter 82 - Uniform Condominium Act
Subchapter B. Creation, Alteration, and Termination of Condominiums
Section 82.051. Creation of Condominium
Section 82.052. Unit Boundaries
Section 82.053. Construction and Validity of Declaration and Bylaws
Section 82.054. Description of Units
Section 82.055. Contents of Declaration for All Condominiums
Section 82.056. Leasehold Condominiums
Section 82.057. Allocation of Common Element Interests, Votes, and Common Expense Liabilities
Section 82.058. Limited Common Elements
Section 82.059. Plats and Plans
Section 82.060. Exercise of Development Right
Section 82.061. Alterations of Units
Section 82.062. Relocation of Boundaries Between Adjoining Units
Section 82.063. Subdivision of Units
Section 82.064. Easement for Encroachments
Section 82.065. Use for Sales Purposes
Section 82.066. Easement Rights
Section 82.0675. Restriction Relating to Club Membership
Section 82.068. Termination of Condominium