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 […]
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 […]
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 […]
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 […]
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 […]
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, […]
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 […]
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, […]
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 […]
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 […]
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 […]
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. […]
A. An association organized after July 1, 2013 shall record a notice of homeowner association in the office of the county clerk of the county or counties in which the real property affected thereby is situated no later than thirty days after the date on which the association’s declaration is recorded as provided in Section […]
A. All financial and other records of the association shall be made available during regular business hours for examination by a lot owner within ten business days of a written request. B. The association shall not charge a fee for making financial and other records available for review. The association may charge a fee of […]
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 […]
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 […]
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 […]
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, § […]
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 […]
