57-8a-108. Rules against perpetuities and unreasonable restraints -- Insubstantial failure to comply.
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Effective 7/1/2014
57-8a-108. Rules against perpetuities and unreasonable restraints -- Insubstantial failure to comply.
(1)The rule against perpetuities and the rule against unreasonable restraints on alienation of real estate may not defeat a provision of a governing document.
(a)A declaration that fails to comply with this chapter does not render a title to a lot and common areas unmarketable or otherwise affect the title if the failure is insubstantial.
(b)This chapter does not affect whether a substantial failure impairs marketability.
Enacted by Chapter 152 , 2013 General Session