Public-domain · open source

RCW 64.34.208

Declaration and bylaws—Construction and validity. (Effective until January 1, 2028.)

Applied in 3 court decisions — leading case Newport Yacht Basin v. Supreme Northwest (2012)

Most recently applied in Granville Condominium Homeowners Ass'n v. Kuehner (November 2013)

1989 c 43 s 2-103.

(1) All provisions of the declaration and bylaws are severable.

(2) The rule against perpetuities may not be applied to defeat any provision of the declaration, bylaws, rules, or regulations adopted pursuant to RCW 64.34.304(1)(a).

(3) 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.

(4) The creation of a condominium shall not be impaired and title to a unit and common elements shall not be rendered unmarketable or otherwise affected by reason of an insignificant failure of the declaration or survey map and plans or any amendment thereto to comply with this chapter. Whether a significant failure impairs marketability shall not be determined by this chapter.

Official source: Washington State Legislature. Reproduced from public-domain Washington statutes; confirm against the official source for the current text. Not legal advice.