A. Except as provided in Subsection B of this section, the Homeowner Association Act shall apply to all homeowner associations created and existing within this state.
B. Sections 47-16-9, 47-16-10 and 47-16-14 NMSA 1978 do not apply to homeowner associations created before July 1, 2013 and that have fewer than thirty lots; provided that any amendment to the community documents of an association created before July 1, 2013 shall comply with the Homeowner Association Act.
C. The Homeowner Association Act does not apply to a condominium governed by the Condominium Act [47-7A-1 to 47-7D-20 NMSA 1978].
History: Laws 2013, ch. 122, § 15; 2015, ch. 104, § 3; 2019, ch. 30, § 7.
Compiler's notes. — Laws 2013, ch. 122, § 15 formerly appeared as a compiler's note in Chapter 47, Article 7E §§ 1 through 14.
The 2019 amendment, effective July 1, 2019, provided that homeowner associations created before July 1, 2013 and have fewer than 30 lots, are exempt from certain provisions of the Homeowner Association Act; in Subsection B, after "July 1, 2013", added "and that have fewer than thirty lots"; and deleted former Subsection C, which provided that certain provisions of the Homeowner Association Act do not invalidate existing provisions of the articles of incorporation, declaration, bylaws or rules of a homeowner association created before July 1, 2013, and redesignated former Subsection D as Subsection C.
The 2015 amendment, effective July 1, 2015, provided that the flag flying provision in Section 47-16-16 NMSA 1978 invalidates any related provision existing in the articles of incorporation, declaration, bylaws or rules of a homeowner association created before July 1, 2013; in Subsection B, after "Sections", deleted "9, 10, and 14 of the Homeowner Association Act" and added "47-16-9, 47-16-10 and 47-16-14 NMSA 1978"; in Subsection C, after "Sections", deleted "4 and 8 of the Homeowner Association Act, that" and added "47-16-4 and 47-16-8 NMSA 1978 and Section 2 of this 2015 act, the Homeowner Association".
Structure 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.