HOMEOWNERS' ASSOCIATION INFORMATION
The information provided by HOPB is for educational purposes only and it's not meant to provide or to be construed as legal advice. Any legal questions, should be directed to your attorney. We cannot respond to questions regarding the law.
HOA LAWS AND REGULATIONS
New Mexico Homeowners Association Act - Chapter 47, Article 16
47-16-1 - Short title.
47-16-2 - Definitions.
47-16-3 - Creation of homeowner association.
47-16-4 - Recording or filing of homeowner association notice and declaration.
47-16-5 - Record disclosure to members; updated information.
47-16-6 - Duties of homeowner association.
47-16-7 - Board members and officers; duties; budget.
47-16-8 - Declarant control of board.
47-16-9 - Proxy and absentee voting; ballot count.
47-16-10 - Financial audit.
47-16-11 - Contract disclosure statement or disclosure certificate; right of cancellation of purchase contract.
47-16-12 - Sale of lots; disclosure certificate.
47-16-13 - Purchaser’s cancellation of a purchase contract.
47-16-14 - Attorney fees and costs.
47-16-15 - Applicability.
47-16-16 - Flags.
GOVERNMENT AGENCIES & RESOURCES
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.
New Mexico Secretary of State - Information on elections, businesses, licensing, and securities.
New Mexico Department of Agriculture - The agency provides leadership on food, agriculture, natural resources, and related issues.
PRIVATE SECTOR RESOURCES
Database of State Incentives for Renewables & Efficiency - Find solar access policies and incentives
NEW MEXICO CONDOMINIUM ASSOCIATION ACT
The Condominium Act [ 47-7A-1 to 47-7D-20 NMSA 1978] applies to all condominiums created within the state of new Mexico after the effective date of the act in 1982 (90 days after the 1982 legislative session ended.
**Note: To access the statutes outlined below type "Condominium Act" on the search field of the government site. If you have any problems accessing the statues, contact us.
General Provisions - Chapter 47, Article 7A
47-7A-1 - Short title
47-7A-2 - Applicability
47-7A-3 - Definitions
47-7A-4 - Variation by agreement
47-7A-5 - Taxation
47-7A-6 - Applicability of local ordinances, regulations and building codes
47-7A-7 - Eminent domain
47-7A-8 - Supplemental general principles of law applicable
47-7A-9 - Construction against implicit repeal, amendment or expansion
47-7A-11 - Severability
47-7A-12 - Unconscionable agreement or term of contract
47-7A-13 - Obligation of good faith
47-7A-14 - Remedies to be liberally administered
Management of Condominiums - Chapter 47, Article 7C
47-7C-1 — Organization of unit owners' association.
47-7C-2 — Powers of unit owners' association.
47-7C-3 — Executive board members and officers.
47-7C-4 — Transfer of special declarant rights.
47-7C-5 — Termination of contracts and leases of declarant.
47-7C-6 — Bylaws.
47-7C-7 — Upkeep of condominium.
47-7C-8 — Meetings.
47-7C-9 — Quorums.
47-7C-10 — Voting; proxies.
47-7C-11 — Tort and contract liability.
47-7C-12 — Conveyance or encumbrance of common elements.
47-7C-13 — Insurance.
47-7C-14 — Surplus funds.
47-7C-15 — Assessments for common expenses.
47-7C-16 — Lien for assessments.
47-7C-17 — Other liens affecting the condominium.
47-7C-18 — Association records.
47-7C-19 — Association as trustee.
Creation, Alteration and Termination of Condominiums - Chapter 47, Article 7B
47-7B-1 - Creation of condominium
47-7B-2 - Unit boundaries
47-7B-3 - Construction and validity of declaration and bylaws
47-7B-4 - Description of units
47-7B-5 - Contents of declaration
47-7B-6 - Leasehold condominiums
47-7B-7 - Allocation of common element interests; votes; common expense liabilities
47-7B-8 - Limited common elements
47-7B-9 - Plats and plans
47-7B-10 - Exercise of development rights
47-7B-11 - Alterations of units
47-7B-12 - Relocation of boundaries between adjoining units
47-7B-13 - Subdivision of units
47-7B-14 - Easement for encroachments
47-7B-15 - Use for sales purposes
47-7B-16 - Easement rights
47-7B-17 - Amendment of declaration
47-7B-18 - Termination of condominium
47-7B-19 - Rights of secured lenders
47-7B-20 - Master associations
47-7B-21 - Merger or consolidation of condominiums
Protections of Condominium Purchasers - Chapter 47, Article 7D
47-7D-1: Requirement for disclosure statement.
47-7D-2: Liability for disclosure statement requirements.
47-7D-3: Disclosure statement; general provisions.
47-7D-4: Condominiums subject to development rights.
47-7D-5: Time shares.
47-7D-6: Condominiums containing conversion buildings.
47-7D-7: Condominium securities.
47-7D-8: Purchaser's right to cancel.
47-7D-9: Resales of units.
47-7D-10: Escrow of deposits.
47-7D-11: Release of liens.
47-7D-12: Conversion buildings.
47-7D-13: to 47-7D-16 Reserved.
47-7D-17: Effect of violations on rights of action; attorney's fees.
47-7D-18: Labeling of promotional material.
47-7D-19: Declarant's obligation to complete and restore.
47-7D-20: Substantial completion of units.
One of the issues faced by homeowners’ associations and their members is what types of rules and regulations can apply to parking within a community. While parking regulations can help to assure that owners have reasonable parking options available to them, they can also be so restrictive that it is difficult to have guests visit. In addition, in some cases, associations that have exerted too much power in this area have begun issuing hefty fines for parking violations which become further bones of contention within members of the community. This article is a basic overview of the HOA’s authority to regulate and enforce parking.
Homeowners who live in communities governed by a homeowners’ association (HOA) often run into a unique set of issues to deal with. Whether it is rules and regulations that affect the usage and maintenance of property or difficult neighbors within the community, the potential areas for disputes to arise are plentiful. While many times homeowners are able to amicably resolve issues, there are other times when that is not possible. The question then becomes what is the best way to resolve disputes that arise with a homeowners’ association without turning the dispute into expensive, time consuming and stressful litigation.
In a condominium building or planned development, the Homeowners’ Association (HOA) and the owners each have different obligations with regard to maintaining, repairing, and replacing different parts of the community. If either the HOA or an individual owner doesn’t properly meet those obligations, it can cause problems for that owner, and often for other members of the HOA as well. It’s important to understand who is responsible for which elements of the community, and what rights you have if the HOA isn’t taking care of its responsibilities.
One of the battles that homeowners living in an HOA community face is how to properly handle situations when the homeowner receives a notice of violation from the homeowners’ association. Understanding what the association’s board must do in terms of providing adequate notice, what rights a homeowner might have to a hearing and what other processes must be followed by the homeowners’ association are important. This article is designed to walk members of an association through the processes involved in rules violations.
As a member of a Homeowners’ Association, you probably already know that your community’s governing documents include covenants, rules, and restrictions about how you can (and cannot) use your property. If you break these rules, the association may fine you or force you to comply. If you find yourself at the receiving end of an HOA punishment, you’ll need to know what your rights are. This article will help you understand “selective enforcement” and how it applies to your homeowners’ association and the rules you have to follow.
Homeowner’s Associations come with many interesting and different processes for most first time members of an HOA community. An important process members of homeowners’ associations have to deal with is the election of a Board of Directors which can be a member’s first exposure to corporate law. This article is designed to give a general background on how board members in a homeowners’ association are elected and what processes are in place to protect homeowners from problematic board members.
For homeowners living in homeowners' association communities, one of the questions often asked is what happens when HOA rules are ignored? How do homeowners' associations enforce them? Can a homeowners' association fine owners? How can members of the community respond to violation notices of HOA Rules? These are all issues that individuals who reside in communities governed by homeowners' associations and those who are considering purchasing properties in such communities need to carefully consider.
Homeowners’ associations typically are formed to manage any property in the community that is owned communally, as opposed to individually, such as a playground or building hallways. Whether an HOA is made up of a condominium building, townhouses, or single-family homes, the responsibilities generally include the same type of tasks – maintain landscaping, employ property managers, maintain shared private roads or driveways, arrange trash removal, operate a swimming pool, and the like. This article will help you better understand the ins and outs of HOA fees.
For Homeowners either living in communities governed by Homeowner’s Associations or for those considering buying property located in such communities, how the application of Covenants, Conditions, and Restrictions (CC&Rs) might impact the use and enjoyment of any property located in such a community is an important consideration. This article is designed to give homeowners who are part of an HOA community or those who are considering becoming part of a homeowners association a snapshot view on how to address the various concerns that arise with regard to CC&Rs.
The homeowners’ association board of directors is the governing body of your community, and can have a significant impact on the lives of those who live there. The board of a homeowners’ association is required to hold meetings to conduct the business of the association; the type and frequency of these meetings can vary, and can be confusing. But, members of the association are encouraged to attend most meetings, and to participate when permitted. This article will help you better understand HOA meetings. First, it’s important to know that HOAs are governed by the law of the state in which they sit.
The installation of solar panels often leads to discussions about how the solar panels change the look and character of the neighborhood or that they may cause a decrease in property values for the neighborhood. The legal back drop that exists also involves a careful balancing of a homeowner’s right to use solar energy and a community’s right to control the aesthetics of a neighborhood. The question then becomes who can decide whether a homeowner can install solar panels in an HOA Community and if so, what are the other enforceable rules that might govern the installation and maintenance of such solar panels.
Most HOA’s, especially newer ones, are required by their declarations or bylaws to carry one or more forms of insurance. Acquiring the necessary coverage and paying premiums is the board’s job, and board-members should take great care to ensure all obligatory coverage remains in place. If anything goes wrong and the association does not have insurance that it’s supposed to have, board-members or officers could end up on the hook personally. Many states have laws mandating HOA insurance. There are numerous types of insurance coverage which could potentially benefit an HOA, including the three forms required by the UCIOA: physical damage, general liability, and fidelity insurance.
A district judge in Florida described community associations as “a little democratic sub-society of necessity.” And, as with federal, state, and local governments, for the “little sub-society” to function, it needs revenue. Association revenue comes in the form of HOA fees paid by homeowners – the functional equivalent of property taxes paid to a local government. An association’s authority to collect HOA fees (or “assessments”) arises from two places:state law and the HOA’s declaration.The declaration is a document recorded in the county land records that serves as the association’s constitution. It grants certain powers to the HOA and imbues homeowners with certain rights and obligations, one of which is the duty to pay assessments.
Rental restrictions undeniably limit the free-use of property. Nonetheless, courts throughout the country have consistently upheld such restrictions when rationally calculated to promote the development’s greater good. Even blanket rental prohibitions have been reluctantly upheld in some states, as long as the association has a legitimate purpose for the restriction. “Legitimate purposes” justifying rental restrictions typically involve maintenance of property values and promotion of community standards. Along with serving a legitimate purpose, to be enforceable a rental restriction must be a “reasonable” means of accomplishing the stated goal. Rental restrictions come in several forms, two of the most popular of which are caps and lease restrictions.
Pets can be a welcome addition to your family. A loyal dog, a comforting cat, or even a calming fish tank can vivify a household and provide a soothing distraction from the daily grind. But, unfortunately, pets can also occasionally become an annoyance to neighbors. Overly abundant cats or noisy dogs negatively affect a development’s quality of life and aesthetic appeal. Aiming to curtail potential nuisances, many homeowners’ associations have adopted pet restrictions within their declarations, establishing rules regulating members’ pet choices and practices. Learn what homeowners' association can (and cannot) do under the law when it comes to enforcing pet restrictions.
Given the sacrifices of our men and women in uniform, it is only right that the Congress passed a law in 2003 to assist military members with collections and foreclosure issues. Under the Servicemembers Civil Relief Act (SCRA), all creditors have limitations on debt collections against active duty military members. These limitations include the temporary suspension of judicial and administrative proceedings and transactions that may affect the civil rights of military members during their service. This article will examine in detail the protections afforded by the law to military members who own properties within homeowners' associations.
As part of the Fair Housing Act, Congress granted the Department of Housing and Urban Development (HUD) the authority to adopt rules to meet the statute’s objectives. In October of 2016, the department completed the formal rulemaking process and published the final rules that are now law. One of the new rules codified by HUD can potentially significantly affect the number of harassment claims an HOA will face. Today we will focus on what might be the most significant new rule: liability for discriminatory housing practices, found at 24 C.F.R. §100.7(a)(1)(iii).
Unique to HOAs, the elected board of directors owe a special responsibility to all the dues-paying homeowners, called a fiduciary duty. We have previously written in depth about the different elements of this fiduciary duty, and if you are unfamiliar, that article is certainly worth your time. Simply for this discussion, we just need to know that because of this fiduciary duty that the board owes to member homeowners, the board has a legal obligation to maintain common areas with the same care and diligence that they would apply to their own private property.
Getting in on the ground floor of a new master-planned community is very exciting. If you are fortunate enough to be in such a scenario, you likely now have a budding interest in how the developer of the HOA community will eventually transfer power to the homeowners. In a nascent HOA community, a new homeowner has the option to sit back and permit the developer to govern the community until he sees fit. Yet, this can be risky and may cost you money/time in the long run if there are any complications in the completion of the work.
Finding the homeowners' association linked to a property can sometimes be frustrating and time-consuming. The good news, is that you may not have to drive down to your county's office to retrieve the HOA information you need, thanks to google. This article will attempt to help you save time by giving you step by step instructions and directing you to the right government agencies where the homeowners association information and documentation are usually stored.
Today’s homeowner needs to know how to intelligently take on an HOA board if/when such a dispute may arise. As we will soon discuss, the mistaken judgment in pursuit of a claim against a homeowners' association could result in a five-figure legal bill. To assist if you are in such a problematic scenario, we will describe the three concepts you need to master before taking the fight to your homeowners' association: learning your association's CC&Rs, the relevant law regarding your dispute, and how to craftily pursue a resolution with your association's board.
The right to record liens, and to foreclose on unpaid liens, is perhaps the most powerful tool homeowners’ associations have to enforce assessment obligations. State HOA laws are designed to allow associations to recover unpaid fees without undue effort and expense while protecting homeowners from overly aggressive associations by requiring strict compliance with statutory procedures and ample notice to homeowners.
Little did you know when you first got into home ownership that your brain would be flooded with a plethora of new acronyms to comprehend. Whether a dispute has arisen, or you are about to participate in the conveyance of a property that part of an HOA, it is likely you have a now developed a sudden interest in what are termed “covenants, conditions, and restrictions,” knows as CC&Rs.
Too many terms and acronyms are thrown around and used interchangeably when folks are discussing homeowners' association documents. Sometimes when people are referring to the entire suite of homeowners' association documents, they will use the term CC&R, which stands for covenants, conditions, and restrictions. In fact, CC&Rs are just one part of the association's documentation. This article will distinguish CC&Rs from the other documents you need to know including articles of incorporation, bylaws, rules, and regulations, and financial documents.
Whether you are buying or selling a home that is a party to an association, we know how important it is to complete the transaction the right way so as to not upend the lives of you and your family. Today’s article will provide the guidance you need—either as a buyer or seller—to operate with confidence regarding the home transaction. We will address where these disclosures come from, how they balance the rights of buyers and sellers and clarify once and for all the difference between disclosure and transfer fees.
Homeowners' Association laws vary considerably from state to state. But the right of homeowners to inspect association documents is uniformly recognized. After all, as a homeowner, you are a member of the association, and the ultimate purpose of any association is to benefit homeowners. Just as the shareholders of a corporation have a right to know about the financial status, management, and assets of the business they own, so, too, do HOA members have a right to stay abreast of association budgets, expenditures, and financial transactions.
The enforcement mechanisms of a homeowners’ association may seem a bit arcane and obtuse, but they are important to understanding if either you or a fellow member is accused by the board of violating the rules. There are very specific duties, obligations, and procedures that the board of directors must follow. We will provide the full explanation you need to understand how and why your board of directors is permitted to assess a fine by addressing why associations are granted the power to enforce Bylaws, the necessary procedure to assess a penalty to enforce the rules, and what is considered a “reasonable” fine under the law.
The ability of a homeowners’ association to regulate certain property details, impose obligations on members, and levy fines is governed by a combination of statutory and case law in the jurisdiction where the association is located and the community's governing documents—including articles of incorporation, bylaws, declarations (also known as CC&Rs—Covenants, Conditions, and Restrictions), and rules and regulations, which contractually bind the homeowner association and its members.
We all have what we like to think is a general understanding of the basic elements of Homeowners’ Association—there is a president, a board, and a set of rules that these nice people are entrusted to enforce. And the cursory understanding of these elements of an association are perfectly fine, until something happens. Upon the formation of a dispute between a homeowner and a homeowner's association, these seemingly innocuous details will suddenly be anything but.
This article will help elucidate what the law requires of an association Board with respect to its obligations toward homeowners. There are three broad categories of fiduciary duties of association Boards that we will discuss: the duty of care, the duty of reasonable inquiry, and the duty of good faith. With each topic, we will first explain general concepts then delve into examples for clarification. These rights for homeowners derive from old English common law (meaning that this law has grown over time through court decisions), but today almost every state has codified these rights into state statutes.