Sec. 47-222. Construction and validity of declaration and bylaws.
Sec. 47-222. Construction and validity of declaration and bylaws. (a) All provisions of the declaration and bylaws are severable.
(b) The rule against perpetuities does not apply to defeat any provision of the declaration or of the bylaws, rules or regulations adopted pursuant to subdivision (1) of subsection (a) of section 47-244.
(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 impairs marketability is not affected by this
chapter.
(e) In any case in which the surveys or plans required pursuant to section 47-228,
as identified in the declaration, are not recorded simultaneously with the remainder of
the declaration but are recorded thereafter, the failure to record the survey or plans
simultaneously with the remainder of the declaration is an insubstantial failure of the
declaration to comply with this chapter.
(P.A. 83-474, S. 23, 96; P.A. 99-238, S. 3, 8; P.A. 00-84, S. 3, 6.)
History: P.A. 99-238 added Subsec. (e) re failure to record survey or plans simultaneously with remainder of declaration
is insubstantial failure of declaration to comply with chapter, effective July 1, 2000; P.A. 00-84 revised effective date of
P.A. 99-238 to specify applicability of section as amended by that act to errors, irregularities and omissions occurring on
or after January 1, 1999, effective July 1, 2000.