HOA Laws in New Mexico

New Mexico regulates HOAs through the Homeowner Association Act, NMSA Chapter 47, Article 16. Condominiums are governed by the New Mexico Condominium Act, Chapter 47, Article 7. This guide summarizes the areas boards ask about most. It is general information, not legal advice.

The governing statute

The Homeowner Association Act sets baseline rules for New Mexico HOAs, including record disclosure to members, board duties and budgeting, fines, and covenant enforcement. Most New Mexico HOAs are also incorporated as nonprofit corporations, so Chapter 53 governs corporate matters such as member and board meetings, director duties, quorum, and voting.

Records disclosure to members

Under Section 47-16-5, associations must disclose specified records and updated information to members. Owners have the right to obtain and review association records subject to the statute.

Board duties and budgets

Section 47-16-7 addresses board member and officer duties and the budget. Boards should adopt and communicate the budget consistent with the statute and the documents.

Meetings and elections

Meetings, notice, elections, and voting are governed by the statute and the bylaws, with quorum, proxy, and ballot procedures following the governing documents.

Assessments, liens, and foreclosure

Associations may levy assessments and enforce a lien for unpaid amounts as provided by statute and the documents. Boards typically involve an attorney for liens and foreclosure.

Fines and enforcement

The association may levy reasonable fines for violations after giving written notice and an opportunity to dispute the alleged violation, other than for failure to pay assessments. Section 47-16-18 addresses covenant enforcement and dispute resolution.

Reserves and budgets

Budgeting and reserve practices follow the community's documents and the applicable statute, and funding reserves for major repairs remains a widely recommended practice.

Owner protections on common restrictions

New Mexico addresses certain owner rights by statute, and the recorded restrictions otherwise control. Owners and boards should read the governing documents carefully and confirm any applicable state limits.

Where to get official help

The New Mexico Homeowner Association Act appears at Chapter 47, Article 16 of the New Mexico Statutes. For a specific situation, consult a New Mexico attorney experienced in community association law.