HOA LAWS AND REGULATIONS

Federal Laws - In addition to state law regulations, the federal government has laws that govern the operation and management of common interest communities in the state of New Mexico.
New Mexico Building Ownership Act, N.M. Stat. §§ 47-7-1, et. seq. The Act applies to condominiums created before May 19, 1982, unless a resolution to be governed by the new Condominium Act is approved by a majority of the unit owners, and a declaration (or amended declaration) is recorded with the county records subjecting the condominium to the Condominium Act.
New Mexico Condominium Act, N.M. Stat. §§ 47-7A-1 through 47-7D-20. The Act applies to all New Mexico condominiums created after the effective date of the Act on May 19, 1982. The Act provides a legal framework for condominium formation, apportionment of interest, common expenses, liens, and voting rights; association administration and powers; and purchaser protection.
New Mexico Homeowners Association Act, N.M. Stat. §§ 47-16-1, et. seq.: The Act governs the formation, management, powers, and operation of homeowners’ associations in New Mexico.
New Mexico Nonprofit Corporation Act, N.M. Stat. §§ 53-8-1, et. seq.: The Act governs nonprofit corporations in New Mexico with regard to corporate structure and procedure. If an association is organized as a nonprofit, as is the case with most New Mexico associations, it will be governed by the New Mexico Nonprofit Corporation Act. Visit the New Mexico Corporations And Business Services to check the corporate status of an association.
New Mexico Human Rights Act [NMSA § 28-1-1 through § 28-1-14]. The law protects people's right to have access to all housing opportunities without discrimination based on race, religion, color, national origin, ancestry, sex, sexual orientation, gender identity, spousal affiliation or physical or mental handicap. All housing providers, including homeowners’ associations, condominiums, and cooperatives, must abide by the law. These state-level protections are similar to the federal Fair Housing Act (FHA).
Victims of housing discrimination can file a complaint with the New Mexico Human Rights Commission or HUD within one (1) year from the date of the discriminatory act. Victims may also file a private lawsuit in the federal district court within two (2) years of the discriminatory act.
Recommended Reading:

SOLAR PANELS

New Mexico Solar Rights Act [47-3-1 to 47-3-5 NMSA 1978]. The Act declares the “right to use the natural resource of solar energy is a property right, the exercise of which is to be encouraged and regulated by the laws of this state.” NMSA 1978, § 47-3-4(A).
New Mexico Solar Recordation Act [47-3-6 to 47-3-12 NMSA 1978]. The Act provides that an owner of real property can claim a solar right and establish a solar easement subject to the provisions of the Solar Recordation Act and the Solar Rights Act.
Limitation of county and municipal restrictions on solar collectors, N.M. Stat. § 3-18-32. The law prohibits a county or municipality from restricting the installation of a solar collector except in historic districts. Subsection B provides that “[a] covenant, restriction or condition contained in a deed, contract, security agreement or other instrument, effective after July 1, 1978, affecting the transfer, sale or use of, or an interest in, real property that effectively prohibits the installation or use of a solar collector is void and unenforceable.”
Recommended Reading:
- New Mexico Attorney General Opinion No. 11-02 (February 2011). The Opinion provides that a homeowners’ association may regulate the installation or use of solar panels so long as the regulations do not "effectively prohibit" their installation or use. And, if the imposition of pre-approval requirements by a homeowners’ association can be shown to make the installation or use of solar panels prohibitively difficult or costly in a given case, the requirement would be void and unenforceable as a matter of law.

GOVERNMENT AGENCIES

U.S. Department of Housing and Urban Development - (HUD) - The agency is responsible for enforcing the federal Fair Housing Act (FHA), which as amended, prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, because of race, color, religion, sex, familial status, national origin, and disability. The New Mexico Human Rights Commission and the District Courts have jurisdiction to hear claims alleging housing discrimination under the Human Rights Act. See §28-1-10(G).
- Discrimination Against Persons with Disabilities: Testing Guidance for Practitioners (2005).
United States Department of Justice Civil Rights Division - The agency enforces civil rights laws, including the Americans with Disabilities Act (ADA). The ADA prohibits discrimination against disabled persons in employment, transportation, public accommodations, communications, and access to government programs and services.
- Frequently Asked Questions about Service Animals and the ADA - A guide on the ADA's service animal provisions.
- ADA Revised Requirements: Service Animals - This publication clarifies and refines issues and contains new, and updated, requirements, including the 2010 Standards for Accessible Design (2010 Standards).
Federal Trade Commission (FTC) - This is the primary federal agency responsible for enforcing the Federal Fair Debt Collection Practices Act (FDCPA), which prohibits debt collectors from using abusive, unfair or deceptive practices when attempting to collect a debt.
Consumer Financial Protection Bureau (CFPB) – The agency enforces federal consumer financial laws, including the FDCPA and The Servicemembers Civil Relief Act (SCRA).
New Mexico Government Portal - Search for government information by topic and agency.
New Mexico Attorney General - The office of the attorney general plays an important role in protecting the state's citizens.
- Homeowner Protection Program

HOA CONTACT INFORMATION AND DOCUMENTS

HOA Directory - Homeowners can enter the name of the community or subdivision to find the association’s contact information, list of board members, and corporation documents, such as the association’s articles of incorporation.

HOA Documents - The association’s Declaration of Covenants, Conditions, and Restrictions (CC&Rs), Amendments to CC&Rs, Bylaws, Lien Notices, HOA Notices, Plats, Maps, and other community documents can be found by visiting the county recorder’s office website in which the association is located. The association’s CC&Rs must be recorded with the county land records to be enforceable.

LEGAL RESOURCES

New Mexico Courts - The website gives the public access to court information, documents, rules, legal opinions, court cases, self-help services, lawyer referral services, and more.

New Mexico Legislature - Search your state representative and the legislation (or, "statutory law") database.
New Mexico State Bar Association - The office gives the public access to a lawyer directory, lawyer referral service, free or low-cost legal services, and information to determine if a lawyer is in good standing, verify their malpractice insurance, or file a complaint.
American Arbitration Association - The organization provides alternative dispute resolution (ADR) services.
New Mexico Legal Aid - The organization provides legal representation to eligible low-income individuals.

DISCOVER MORE

Educational HOA articles. Giving you facts, not opinions.

Homeowners' Association As Vacation Destination: Short-Term Rental Restrictions in HOAs

Even if a community has a valid reason to restrict short-term rentals, it still needs legal and/or contractual authority to support the restriction. Typically, the authority comes from an HOA's declaration, from state law, or a combination of the two. A declaration is a contract among property owners in a community. The owners jointly agree to accept certain obligations and restrictions on how properties in the community can be used. If everyone complies, the community as a whole will benefit—or at least that is the idea.

Enforcing Conformity: Home Improvement Projects And Architectural Review Boards In HOAs

The U.S. legal system generally views any land-use restrictions with suspicion. However, the law also recognizes that reasonable restrictions are sometimes justified if they benefit the community as a whole. With that in mind, courts throughout the country have consistently upheld the right of HOAs to impose architectural restrictions as long as the restriction serves a legitimate purpose, is within the association's power under state law and/or the community's declaration, and does not violate any other law or public policy.

Step-By-Step Guide To The HOA Assessment Collections Process

When you purchase a property in a community with a homeowners’ association, you’re also acquiring the obligation to pay regular assessments. Unfortunately, though, homeowners are sometimes financially unable to pay assessments. Homeowners faced with potential collections action must understand how the HOA collections process works and the legal rights and redress available for both homeowners and the association. This guide will help all community members, including the board, resolve conflict, and avoid escalation.

Preventing the Spread of COVID-19 Within HOA Communities

On March 11, 2020, the World Health Organization declared the outbreak of COVID-19 (the medical condition caused by the novel coronavirus SARS-CoV-2), a global pandemic. HOAs and condominium associations have an essential role to play in slowing the spread of COVID-19. By applying the Center for Disease Control and Prevention (“CDC”) recommendations in the planned community setting, HOA board members, owners, residents, visitors, and employees can help prevent illness in their communities and keep their loved ones, friends, and neighbors healthy and safe.

HOA Powers and Obligations In Emergency Situations

The fundamental purpose of a homeowners’ association is to benefit the community and its members. Usually, that means preserving the aesthetic beauty of the neighborhood by maintaining common areas and ensuring homeowners keep up their properties. Or, it might mean using pooled resources to make life easier for the entire community—through road and sidewalk repairs or snow removal, for instance. Most of the time, the overall goal is to increase property values and raise the living standard in the community. In an emergency, though, an HOA’s role can take on an entirely new dimension.

Weathering The Storm: Coronavirus And Its Financial Impact on Homeowners

One way or another, future historians will consider the Coronavirus Pandemic among the most noteworthy events of the early 21st Century. The full economic impact on homeowners and their families cannot yet be precisely predicted, but it is likely to be immense. Taking the necessary precautions to avoid exposure to the virus and preparing for the financial ramifications will require prudence, careful planning, and maybe even a little creative thinking. Homeowners can't completely avoid the fallout from Coronavirus, but there are a few measures that could hopefully soften the blow.

New Mexico HOA Laws and Resources