HOA rules in New Mexico

New Mexico splits homeowners' associations and condominiums. Non-condo HOAs are under the Homeowner Association Act, NMSA 1978 §§ 47-16-1 to 47-16-18, which applies to associations created and existing in the state (§ 47-16-15(A)). The Act does not apply to condominiums governed by the Condominium Act (§ 47-16-15(C)). Sections 47-16-9, 47-16-10, and 47-16-14 do not apply to associations created before July 1, 2013 with fewer than thirty lots. Confirm which regime covers your community, then confirm the current nmonesource / Compilation Commission text and your documents. This page is general information, not legal advice.

Unless community documents provide otherwise, an association may levy reasonable fines or suspend common-area use for violations other than failure to pay assessments only after written notice and an opportunity to dispute (§ 47-16-18). Before imposing a fine or suspension, the board must give written notice fourteen days prior to a hearing (or allow a written statement); a majority vote is required to approve the fine/suspension. The retrieved text does not set a statutory dollar fine cap. Do not invent one. Imminent public-health/safety violations do not require notice and hearing.

The association has a lien for assessments and fines from the time due; recording the declaration perfects it (§ 47-16-6). Failure to record the required notice of homeowner association suspends authority to charge assessments, levy late-payment fines, or enforce assessment liens until recorded (§ 47-16-4(D)). Records must be available within ten business days of written request, with a $50/day statutory remedy for willful denial (§ 47-16-5). New Mexico has no statewide HOA ombudsman on this page.

This is general information from an AI helper, not legal advice. Confirm it against your documents and your state's law. If a deadline or hearing is coming up, talk to a licensed lawyer.