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, ch. 122, § 14.
Effective dates. — Laws 2013, ch. 122, § 16 provided that the Homeowner Association Act was effective July 1, 2013.
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 NMSA 1978 by the compiler.
Structure 2021 New Mexico Statutes
Article 16 - Homeowner Association
Section 47-16-1 - Short title.
Section 47-16-2 - Definitions.
Section 47-16-3 - Creation of a homeowner association.
Section 47-16-4 - Recording or filing of homeowner association notice and declaration.
Section 47-16-5 - Record disclosure to members; updated information.
Section 47-16-6 - Duties of a homeowner association.
Section 47-16-7 - Board members and officers; duties; budget.
Section 47-16-8 - Declarant control of board.
Section 47-16-8.1 - Removal of board members.
Section 47-16-9 - Proxy and absentee voting; ballot counting.
Section 47-16-10 - Financial audit.
Section 47-16-12 - Sale of lots; disclosure certificate.
Section 47-16-13 - Purchaser's cancellation of a purchase contract.
Section 47-16-14 - Attorney fees and costs.
Section 47-16-15 - Applicability.
Section 47-16-17 - Meetings of association.
Section 47-16-18 - Enforcement of covenants; dispute resolution.