§ 5203. Construction and validity of declaration and bylaws.

242 words·~1 min read·/pa/title-68/chapter-52/5203

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Provisions severable.-- All provisions of the declaration and bylaws are severable.

(b)Applications of rule against perpetuities.-- The rule against perpetuities may not be applied to defeat any provision of the declaration or this subpart or any instrument executed pursuant to the declaration or this subpart.

(c)Conflict between declaration and bylaws.-- If there is a conflict between the declaration and the bylaws, the declaration shall prevail except to the extent the declaration is inconsistent with this subpart.

(d)Effect of noncompliance on title to unit.-- Title to a unit and its appurtenant votes in the association shall not be rendered unmarketable or otherwise affected by any provision of unrecorded bylaws or by reason of an insubstantial failure of the declaration to comply with this subpart.

(e)Effect of noncompliance.-- If the declarant preserved the rights identified in section 5205(13), (14),

(15)or

(16)(relating to contents of declaration; all planned communities) in the declaration or any of those provisions are otherwise applicable, the declarant's failure to include in the declaration any of the provisions or statements as required under each of those provisions shall not affect the enforceability of the provisions or statements as if they were included in the declaration.

68c5203v

(Oct. 19, 2018, P.L.551, No.84, eff. 60 days)

2018 Amendment. Act 84 added subsec. (e).

Cross References. Section 5203 is referred to in section 5102 of this title.

68c5204s