This act [47-7A-1 to 47-7D-20 NMSA 1978] may be cited as the “Condominium Act.” History: Laws 1982, ch. 27, § 1. ANNOTATIONS Compiler’s notes. — Laws 1982, ch. 27, enacted New Mexico’s version of the Uniform Condominium Act, as amended in 1980. Those sections of the uniform act not adopted by New Mexico are §§ […]
If any part or application of the Condominium Act is held invalid, the remainder, or its application to other situations or persons, shall not be affected. History: Laws 1982, ch. 27, § 9. ANNOTATIONS Compiler’s notes. — This section is substantially similar to § 1-111 of the Uniform Condominium Act. Am. Jur. 2d, A.L.R. and […]
A. The court, upon finding as a matter of law that a contract or contract clause was unconscionable at the time the contract was made, may refuse to enforce the contract, enforce the remainder of the contract without the unconscionable clause or limit the application of any unconscionable clause in order to avoid an unconscionable […]
Every contract or duty governed by the Condominium Act imposes an obligation of good faith in its performance or enforcement. History: Laws 1982, ch. 27, § 11. ANNOTATIONS Compiler’s notes. — This section is substantially similar to § 1-113 of the Uniform Condominium Act. COMMISSIONERS’ COMMENT This section sets forth a basic principle running throughout […]
A. The remedies provided by the Condominium Act shall be liberally administered in order that the aggrieved party is placed in as good a position as if the other party had fully performed. However, consequential, special or punitive damages shall not be awarded except as specifically provided in the Condominium Act or by other law. […]
A. The Condominium Act applies to all condominiums created within this state after the effective date of that act. B. The provisions of the Building Unit Ownership Act do not apply to condominiums created after the effective date of the Condominium Act. Any provisions of the declaration, bylaws, plats or plans of a condominium created […]
As used in the Condominium Act and declaration and bylaws, unless the context otherwise requires or otherwise specifically provided: A. “affiliate of a declarant” means any person who controls, is controlled by or is under common control with a declarant. For the purpose of this subsection: (1) a person “controls” a declarant if the person […]
Except as expressly provided in the Condominium Act, the provisions of that act shall not be varied by agreement, and the rights conferred by the Condominium Act shall not be waived. A declarant shall not evade the limitations or prohibitions of that act or the declaration by use of a power of attorney or any […]
A. The association of unit owners shall elect whether: (1) the entire property shall be deemed a single parcel for the purposes of assessment and taxation, in which event the association shall promptly notify the unit owners of the payment of the taxes. For purposes of assessment or valuation and taxation under this paragraph, the […]
No provision of the Condominium Act invalidates or modifies any provision of any zoning, subdivision, building code or other real estate use law, ordinance or regulation; provided, however, a zoning, subdivision, building code or other real estate use law, ordinance or regulation may not prohibit the condominium form of ownership or impose any requirement upon […]
A. If a unit is acquired by eminent domain, or if part of a unit is acquired by eminent domain leaving the unit owner with a remnant which may not practically or lawfully be used for any purpose permitted by the declaration, the award shall compensate the unit owner for his unit and his interest […]
Except to the extent inconsistent with the Condominium Act, the principles of law and equity, including the law of corporations, the law of real property and the law relative to capacity to contract, principal and agent, eminent domain, estoppel, fraud, misrepresentation, duress, coercion, mistake, receivership, substantial performance or other validating or invalidating cause supplement the […]
The Condominium Act is a general act intended as a unified coverage of its subject matter; no part of it shall be deemed impliedly repealed, amended or expanded by subsequent legislation if that construction can reasonably be avoided. History: Laws 1982, ch. 27, § 8. ANNOTATIONS Compiler’s notes. — This section is similar to § […]
