New Mexico HOA Laws: A Comprehensive Guide

Are you hoping to learn more about the state laws that regulate homeowners associations (HOAs) in New Mexico? Then you have come to the right place.

In this short guide, we'll provide insight into the legal framework set out by the state of New Mexico to control the procedures and corporate structure of such entities.

What Are Homeowners Associations?

Homeowners associations, frequently referred to as property owners or community associations, are non-government organizations in charge of maintaining communal spaces and facilities.

They must follow local, state, and federal laws as well as their own ordinances and regulations in order to maintain a particular standard of living.

In addition to the relevant legislation, homeowner and condominium associations in New Mexico are regulated internally by their own governing documents, which include their Articles of Incorporation, Bylaws, and Declaration of Covenants, Conditions, and Restrictions (CC&R).

Rights and Responsibilities

Now, let's take a look at some of the rights and responsibilities that these associations have.

HOA Rights

Homeowner associations in New Mexico have the right to collect fees, which are known as dues or assessments, to fund their activities.

Failure to pay these fees on time could result in a fine. Moreover, HOAs have the right to restrict the use of communal spaces and place liens on homeowners' properties if they refuse to pay their dues.

HOA Responsibilities

New Mexico homeowners associations also have certain responsibilities. They are required to conduct timeous repairs, for example, and ensure that shared spaces meet certain standards, as specified in the community documents.

Furthermore, HOAs must schedule regular meetings with association members and maintain financial records. These records must be made available to homeowners upon request.

An Overview of New Mexico HOA Laws

Here are some of the most important New Mexico HOA laws that you should know about as the manager, board member, or executive of a community association:

New Mexico Homeowners Association Act

Homeowner's associations in New Mexico are governed by the New Mexico Homeowners Association Act, which may be found in Chapter 47 in Article 16 of the New Mexico Statutes. Unit owners in a neighborhood established by a documented declaration are governed by this statute.

New Mexico Nonprofit Corporation Act

The New Mexico Nonprofit Corporation Act oversees nonprofit corporations in the state. It regulates their processes and their organizational framework.

Suppose an HOA is formed as a nonprofit organization (which is the case with the majority of New Mexico homeowner associations). In that case, it is regulated by this legislation.

If you would like to verify the status of a homeowner association in New Mexico, you can visit the New Mexico Corporations And Business Services website.

New Mexico Condominium Act

This legislation is applicable to all condominiums in the state of New Mexico that were formed after the 19th of May, 1982.

It was enacted to establish a regulatory structure for condominium incorporation, liens, interest allocation, common expenses, and voting privileges. The act also deals with association management and functions, in addition to purchaser protection.

New Mexico Building Ownership Act

The New Mexico Building Ownership Act governs condos formed before the 19th of May, 1982, provided most of the residents have not passed a resolution to be regulated by the new Condominium Act. 

New Mexico Human Rights

This act safeguards the rights of New Mexico citizens to fair and equal access to housing opportunities. According to the law, no homeowners association has the right to discriminate against any resident or potential homeowner on the basis of: 

• Ancestry
• Spousal affiliation
• Mental handicap
• Physical disability
• Race
• Sex
• National origin
• Color
• Sexual orientation
• Religion
• Gender identity

It applies to all housing providers and offers protections at the state level. Keep in mind that HOAs are also subject to the federal Fair Housing Act (FHA), which offers protection at the federal level.

About DoorLoop's HOA Tools

With so many laws and regulations to take note of, ensuring that your HOA complies can seem like an overwhelming task. The good news is that you are not left to manage your homeowners' association on your own.

With a powerful set of tools designed especially for HOA management, you can streamline your operations and automate certain tasks to ensure that you have the time to focus on more important things.

DoorLoop's HOA management software also allows you to generate financial records with ease and communicate with staff, vendors, and community members with ease.

Plus, it's incredibly easy to use and competitively priced, and you can try it out for yourself by booking a FREE demo.

To learn more about our innovative digital tools, please contact us.

Final Thoughts

We cannot stress the importance of understanding New Mexico HOA laws enough. However, it's important to remember that other state, federal, and local laws may also apply to your homeowner association, so it's important to spend the necessary time studying legislation.

We also recommend hiring a lawyer to obtain legal counsel, and when you're ready to put these laws into practice, sign up for a free demo to see how DoorLoop can help you maintain transparency and efficiency!