Unless otherwise provided in the declaration, any surplus funds of the association remaining after payment of or provision for common expenses and any prepayment of reserves shall be paid to the unit owners in proportion to their common expense liabilities or credited to them to reduce their future common expense assessments.
History: Laws 1982, ch. 27, § 47.
Compiler's notes. — This section is substantially similar to § 3-114 of the Uniform Condominium Act.
COMMISSIONERS' COMMENT
Surplus funds of the association are generally used first for the pre-payment of reserves, and remaining funds are thereafter credited to the account of unit owners or paid to them. In some cases, however, unit owners might prefer that surplus funds be used for other purposes (e.g., the purchase of recreational equipment). Accordingly, this section permits the declaration to specify any other use of surplus funds.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Condominiums and Cooperative Apartments §§ 35, 36.
31 C.J.S. Estates § 153 et seq.
Structure New Mexico Statutes
Article 7C - Condominium Act - Management of Condominium
Section 47-7C-1 - Organization of unit owners' association.
Section 47-7C-2 - Powers of unit owners' association.
Section 47-7C-3 - Executive board members and officers.
Section 47-7C-4 - Transfer of special declarant rights.
Section 47-7C-5 - Termination of contracts and leases of declarant.
Section 47-7C-7 - Upkeep of condominium.
Section 47-7C-10 - Voting; proxies.
Section 47-7C-11 - Tort and contract liability.
Section 47-7C-12 - Conveyance or encumbrance of common elements.
Section 47-7C-14 - Surplus funds.
Section 47-7C-15 - Assessments for common expenses.
Section 47-7C-16 - Lien for assessments.
Section 47-7C-17 - Other liens affecting the condominium.