Section 47-16-18 – Enforcement of covenants; dispute resolution.
A. Each association and each lot owner and the owner’s tenants, guests and invitees shall comply with the Homeowners Association Act and the association’s community documents. B. Unless otherwise provided for in the community documents, the association may, after providing written notice and an opportunity to dispute an alleged violation other than failure to pay […]
Section 47-16-17 – Meetings of association.
A. The association shall hold an annual meeting at least once every thirteen months. B. Notwithstanding a provision to the contrary in the community documents, written notice of the meeting stating the time, date and location of the annual meeting and, in the case of a special meeting, the purpose or purposes for which the […]
Section 47-16-8 – Declarant control of board.
A. Subject to the provisions of this section, the declaration shall provide for a period of declarant control of the association, during which period a declarant, or persons designated by the declarant, may appoint and remove the officers and members of the board. B. Regardless of the period provided in the declaration, the period of […]
Section 47-16-8.1 – Removal of board members.
Unless a process for removal of board members is provided for in the community documents, the lot owners, by a two-thirds’ vote of all lot owners present and entitled to vote at a lot owner meeting at which a quorum is present, may remove a member of the board. History: Laws 2019, ch. 30, § […]
Section 47-16-9 – Proxy and absentee voting; ballot counting.
A. The association shall provide for votes to be cast in person, by absentee ballot or by proxy and may provide for voting by some other form of delivery. B. Vote by proxy is allowed for lot owner meetings. The proxy vote shall: (1) be dated and executed by a lot owner, but if a […]
Section 47-16-10 – Financial audit.
At least every three years, the board shall provide for a financial audit, review or compilation of the association’s records in accordance with generally accepted accounting principles by an independent certified public accountant and shall provide that the cost thereof be assessed as a common expense. The audit, review or compilation shall be made available […]
Section 47-16-11 – Contract disclosure statement or disclosure certificate; right of cancellation of purchase contract.
Except as provided in Section 12 [47-16-12 NMSA 1978] of the Homeowner Association Act, a person selling a lot that is subject to an association shall provide in writing a disclosure certificate that states that the lot is located within a development that is subject to an association. If the lot is located within a […]
Section 47-16-12 – Sale of lots; disclosure certificate.
A. Unless exempt pursuant to Subsection F of this section, prior to closing, a lot owner shall furnish to a purchaser copies of: (1) the declaration of the association, other than the plats and plans; (2) the bylaws of the association; (3) any covenants, conditions and restrictions applicable to the lot; (4) the rules of […]
Section 47-16-13 – Purchaser’s cancellation of a purchase contract.
If a purchaser elects to cancel a purchase pursuant to Section 11 [47-16-11 NMSA 1978] of the Homeowner Association Act, the purchaser may do so by hand delivering notice of the cancellation to the lot owner or by mailing notice of cancellation, by prepaid United States mail, to the lot owner, or to the lot […]
Section 47-16-14 – Attorney fees and costs.
A court may award attorney fees and costs to any party that prevails in a civil action between a lot owner and the association or declarant based upon any provision of the declaration or bylaws; provided that the declaration or bylaws allow at least one party to recover attorney fees or costs. History: Laws 2013, […]