Homeowners associations in New Mexico should equip themselves with a familiarity of the various state laws that affect them. But, where exactly should you start? Here are the New Mexico HOA laws you should know about.
The New Mexico Homeowners Association Act regulates the creation, authority, operation, and management of homeowners associations in the state. You can find it in Chapter 47, Title 16 of the New Mexico Statutes. It consists of 19 sections, outlined below.
There are two Acts in New Mexico that govern condominium associations. The first is the New Mexico Building Ownership Act, which applies to condominiums formed prior to May 19, 1982. Condominiums under this Act, though, can elect to comply with the second Act by amending their declaration and recording it with the county recorder’s office, provided a majority of unit owners agree to it.
The second is the New Mexico Condominium Act, which applies to condominiums established after May 19, 1982. This Act governs the creation, common expenses, voting rights, apportionment of interest, purchase protection, association powers, and liens of condominiums formed after said date.
You can find the New Mexico Building Ownership Act under Chapter 47, Article 7 of the New Mexico Statutes. It contains 29 sections, namely:
You can find the New Mexico Condominium Act under Chapter 47, Articles 7A to 7D of the New Mexico Statutes. It consists of four articles, each one divided further into sections.
The New Mexico Nonprofit Corporation Act regulates non-profit corporations in terms of corporate procedure, structure, and management. A majority of associations in the state establish themselves as non-profit corporations. Therefore, they must follow the Nonprofit Corporation Act.
You can find the New Mexico Nonprofit Corporation Act under Chapter 53, Article 8 of the New Mexico Statutes. It consists of the following sections:
New Mexico HOA laws also extend to discrimination. The New Mexico Human Rights Act prohibits housing discrimination based on ancestry, national origin, color, race, sex, sexual orientation, gender identity, religion, spousal affiliation, physical handicap, or mental handicap. That means housing providers, including homeowners associations and condominiums, must not discriminate against members based on any of these classes.
The HOA laws of New Mexico concerning discrimination closely follow the provisions found in the federal Fair Housing Act. Housing discrimination victims can lodge a complaint with the U.S. Department of Housing and Urban Development or the New Mexico Human Rights Commission. They may also file a private lawsuit.