(1) The rule against perpetuities may not be applied to defeat any provision of the declaration, or any bylaws or rules adopted under ORS § 94.630.

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(2) In the event of a conflict between the declaration and the bylaws of a planned community or between the declaration and the articles of incorporation, the declaration shall prevail except to the extent the declaration is inconsistent with ORS § 94.550 to 94.783.

(3) Title to a unit, lot and common property shall not be rendered unmarketable or otherwise affected by reason of a failure of the declarant or the declaration to comply with ORS § 94.550 to 94.783.

(4) If the provisions of ORS § 94.550 to 94.783 and the provisions of ORS Chapter 65 apply to an association and the provisions conflict, the provisions of ORS § 94.550 to 94.783 control. [1981 c.782 § 86; 1999 c.677 § 69; 2003 c.569 § 19]