Section 47-16-15 – Applicability.
A. Except as provided in Subsection B of this section, the Homeowner Association Act shall apply to all homeowner associations created and existing within this state. B. Sections 47-16-9, 47-16-10 and 47-16-14 NMSA 1978 do not apply to homeowner associations created before July 1, 2013 and that have fewer than thirty lots; provided that any […]
Section 47-16-16 – Flags.
An association shall not adopt or enforce a restriction related to the flying or displaying of flags that is more restrictive than the applicable federal or state law or county or municipal ordinance. History: Laws 2015, ch. 104, § 2. ANNOTATIONS Effective dates. — Laws 2015, ch. 104, § 4 made Laws 2015, ch. 104, […]
Section 47-16-6 – Duties of a homeowner association.
A. The association shall exercise any powers conferred to the association in the community documents. B. The association shall have a lien on a lot for any assessment levied against that lot or for fines imposed against that lot’s owner from the time the assessment or fine becomes due. If an assessment is payable in […]
Section 47-16-7 – Board members and officers; duties; budget.
A. Except as provided in the community documents or other provisions of the Homeowner Association Act, the board acts on behalf of the association. In the performance of their duties, officers and members of the board shall exercise, if appointed by the declarant, the degree of care and loyalty required of a fiduciary of the […]
Section 47-15-6 – Waiver not allowed.
Any waiver by an owner of the provisions of the Mortgage Foreclosure Consultant Fraud Prevention Act is void and unenforceable as contrary to public policy. Any attempt by a foreclosure consultant to induce an owner to waive the owner’s rights under the Mortgage Foreclosure Consultant Fraud Prevention Act is a violation of that act. History: […]
Section 47-15-7 – Remedies.
A. A violation of the Mortgage Foreclosure Consultant Fraud Prevention Act constitutes an unfair trade practice pursuant to the Unfair Practices Act [Chapter 57, Article 12 NMSA 1978]. B. A prevailing plaintiff in a suit for violation of the Mortgage Foreclosure Consultant Fraud Prevention Act may recover actual damages, reasonable attorney fees and costs and […]
Section 47-15-8 – Penalty.
A person who commits a violation of the provisions of Section 5 [47-15-5 NMSA 1978] of the Mortgage Foreclosure Consultant Fraud Prevention Act is guilty of a fourth degree felony and, upon conviction, shall be sentenced pursuant to Section 31-18-15 NMSA 1978. Each violation of the provisions of Section 5 of the Mortgage Foreclosure Consultant […]
Section 47-16-1 – Short title.
Chapter 47, Article 16 NMSA 1978 may be cited as the “Homeowner Association Act”. History: Laws 2013, ch. 122, § 1; 2015, ch. 104, § 1. ANNOTATIONS Compiler’s notes. — Laws 2013, ch. 122, §§ 1 through 14 were erroneously compiled as 47-7E-1 through 47-7E-14 NMSA 1978, and have been recompiled as 47-16-1 through 47-16-14 […]
Section 47-16-2 – Definitions.
As used in the Homeowner Association Act: A. “articles of incorporation” means the articles of incorporation, and all amendments thereto, of an association on record in the office of the county clerk in the county or counties in which the association is located; B. “association” means a homeowner association; C. “board” means the body, regardless […]
Section 47-16-3 – Creation of a homeowner association.
An association pursuant to the Homeowner Association Act shall be organized in accordance with the laws of the state and be identified in a recorded declaration. The membership of the association shall consist exclusively of all lot owners in the development. History: Laws 2013, ch. 122, § 3. ANNOTATIONS Effective dates. — Laws 2013, ch. […]