A. The association shall exercise any powers conferred to the association in the community documents.
B. The association shall have a lien on a lot for any assessment levied against that lot or for fines imposed against that lot's owner from the time the assessment or fine becomes due. If an assessment is payable in installments, the full amount of the assessment shall be a lien from the time the first installment becomes due. The association's lien may be foreclosed in like manner as a mortgage on real estate.
C. Recording the declaration constitutes notice recorded in the office of the county clerk in the county or counties in which any part of the real property is located and perfection of the lien.
D. Upon written request by a lot owner, the association shall furnish a recordable statement setting forth the amount of unpaid assessments against the lot owner's lot. The statement shall be furnished within ten business days after receipt of the request and is binding on the association and the board.
History: Laws 2013, ch. 122, § 6.
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 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.