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.

(2) (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 2013 ch. 152, eff. July 1, 2014.

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