New Mexico HOA & Condominium Law
21 active New Mexico statutes govern homeowners associations and condominiums in the state. The corpus encodes 71 specific requirements across governance, finance, reserves, disclosure, and enforcement.
Estoppel Disclosure Workflow
13 standard items
NM
CommunityPay has not verified a state-specific statutory resale certificate regime in New Mexico. Disclosure follows a non-statutory estoppel workflow. The 13 items below reflect standard title company and lender expectations, not legal requirements specific to any particular association.
- Current periodic assessment amount and any unpaid or delinquent assessments
- Pending or approved special assessments
- Reserve fund balance and designated projects
- Most recent balance sheet and income/expense statement
- Current operating budget
- Insurance coverage provided for the benefit of owners
- Pending lawsuits, unsatisfied judgments, or threatened litigation
- Board composition, meeting frequency, and governance status
- Declaration, bylaws, and rules and regulations
- Capital expenditures approved or anticipated for current and next two fiscal years
- Transfer fees, move-in/move-out fees, or other charges upon sale
- Known violations of the governing documents or applicable codes
- Right of first refusal or other restraints on transfer
Industry incumbents (HomeWiseDocs, CondoCerts) charge residents $250–$400 per resale certificate.
Under NMSA §47-16-12, New Mexico caps the preparation fee at $300 by statute. With CommunityPay, the board issues the certificate directly from live ledger data — the board controls pricing within the statutory cap. Residents typically save $200+ per closing.
What New Mexico Law Requires
Governance (23)
- Originally enacted as Article 7E by Laws 2013, ch. NMSA §47-16-1
- Applies to all HOAs created and existing in New Mexico. NMSA §47-16-1
- Establishes the Homeowner Association Act. NMSA §47-16-1
- Does not apply to condominiums governed by the Condominium Act. NMSA §47-16-1
- Does not apply to condominiums governed by the Condominium Act. NMSA §47-16-15
- Act applies to all HOAs created and existing in New Mexico. NMSA §47-16-15
- Board meeting notice: at least 48 hours in advance. NMSA §47-16-17
- Annual and special meeting notice: delivered electronically, hand- delivered, or by mail not less than 10 and no more than 50 days before meeting. NMSA §47-16-17
- Draft policy resolutions included with board meeting notice. NMSA §47-16-17
- At least forty-eight hours in advance NMSA §47-16-17
- Not less than ten and no more than fifty days before the meeting NMSA §47-16-17
- Budget adopted annually and distributed to lot owners within 30 calendar days. NMSA §47-16-7
- Board acts on behalf of the association. NMSA §47-16-7
- Governs transition from declarant control to owner control of the HOA board. NMSA §47-16-8
- Amendments to pre-1982 condos must conform to the Condominium Act if granting new rights. NMSA §47-7A-2
- Applies to all condominiums created in New Mexico after May 19, 1982. NMSA §47-7A-2
- Pre-1982 condominiums governed by the Building Unit Ownership Act (47-7-1 et seq.) may opt in by majority unit owner vote. NMSA §47-7A-2
- Association may adopt and amend budgets for revenues, expenditures, and reserves; collect assessments; hire managing agents; make contracts; regulate common elements; commence litigation. NMSA §47-7C-2
- Board acts on behalf of the association. NMSA §47-7C-3
- Governs condominium board composition, terms, fiduciary duties, and removal procedures. NMSA §47-7C-3
- Board meetings are open to owners. NMSA §47-7C-8
- Special meetings may be called by president, board, or 20% of unit owners. NMSA §47-7C-8
- Requires annual meeting of the unit owners association. NMSA §47-7C-8
Financial (7)
- If pre-approval requirements make installation prohibitively difficult or costly, they are void. NMSA §3-18-32
- For a fee not to exceed fifty dollars NMSA §47-16-12
- Reasonable fees not exceeding three hundred dollars NMSA §47-16-12
- Association may charge reasonable fees not exceeding $300 for certificate preparation, collected at closing. NMSA §47-16-12
- After 60 days, lot owner may request update; association must provide within 3 business days for fee not exceeding $50. NMSA §47-16-12
- Sections 47-16-9 (proxy voting), 47-16-10 (financial audit), and 47-16-14 (attorney fees) do not apply to HOAs created before July 1, 2013 with fewer than 30 lots, though amendments to their community documents must comply. NMSA §47-16-15
- No charge for review; copies max $0.10/page. NMSA §47-16-5
Assessment (6)
- Association has a lien on a lot for assessments and fines from the time due. NMSA §47-16-6
- Recording the declaration constitutes perfection. NMSA §47-16-6
- Association must furnish statement of unpaid assessments within 10 business days. NMSA §47-16-6
- Six months assessments based on the periodic budget NMSA §47-7C-16
- Association has a lien on a unit for assessments and fines from the time they become due. NMSA §47-7C-16
- Beyond six months, first mortgage takes priority if recorded before the assessment became delinquent. NMSA §47-7C-16
Reserves (1)
- This is the statutory basis for reserve budgeting (permissive, not mandatory). NMSA §47-7C-2
Disclosure (13)
- Purchaser may cancel within 7 days after receiving the disclosure certificate. NMSA §47-16-11
- Seller must provide written disclosure that lot is subject to an HOA. NMSA §47-16-11
- Seller or agent must obtain disclosure certificate from association and provide to purchaser no later than 7 days before closing. NMSA §47-16-11
- Association must furnish disclosure certificate within 10 business days of written request. NMSA §47-16-12
- Within ten business days of a written request NMSA §47-16-12
- Certificate valid for 60 days. NMSA §47-16-12
- Declarant-appointed members owe fiduciary duty; elected members owe ordinary and reasonable care free from undisclosed conflict of interest. NMSA §47-16-7
- Board members must certify in writing within 90 days of election or appointment. NMSA §47-16-7
- Specifies timeline and requirements for the transfer of board authority from the developer to elected homeowner representatives. NMSA §47-16-8
- Purchaser not liable for unpaid assessments exceeding the certificate amount. NMSA §47-7D-9
- Unit owner must furnish purchaser before conveyance: copy of declaration, bylaws, and rules; and a resale certificate containing right of first refusal, monthly assessments and unpaid amounts, other fees, capital expenditures anticipated for current and next two fiscal years, and amount of reserves for capital expenditures. NMSA §47-7D-9
- Association must furnish within 10 days of request. NMSA §47-7D-9
- Within 10 days of the request NMSA §47-7D-9
Records (6)
- Financial audit required at least every 3 years by independent CPA in accordance with GAAP. NMSA §47-16-10
- Audit, review, or compilation available to lot owners within 30 calendar days of completion. NMSA §47-16-10
- Does not apply to HOAs created before July 1, 2013 with fewer than 30 lots. NMSA §47-16-10
- Records include minutes (5 years), operating budget, assessments, financial statements, contracts, and insurance policies. NMSA §47-16-5
- All financial and other records available for examination within 10 business days of written request. NMSA §47-16-5
- If association fails to provide access within 10 business days, rebuttable presumption of willful failure. NMSA §47-16-5
Enforcement (5)
- Added by Laws 2019, ch. NMSA §47-16-18
- Lot owner or association may use ADR (mediation, arbitration, facilitation, conciliation) for disputes. NMSA §47-16-18
- Lien may be foreclosed like a mortgage. NMSA §47-16-6
- Six-month super-lien: the association's lien has priority over first mortgages for six months of assessments based on the periodic budget. NMSA §47-7C-16
- Recording the declaration perfects the lien. NMSA §47-7C-16
Insurance (2)
- Insurance commences at first conveyance to a non-declarant purchaser. NMSA §47-7C-13
- Condominium association must maintain property insurance on common elements at not less than 80% of actual cash value and liability insurance. NMSA §47-7C-13
Compliance (8)
- Any covenant, restriction, or condition in a deed, contract, or other instrument effective after July 1, 1978 that effectively prohibits the installation or use of a solar collector is void and unenforceable. NMSA §3-18-32
- HOAs may regulate solar installations but cannot effectively prohibit them. NMSA §3-18-32
- Does not apply to actions based on express contract, warranty, or guarantee with inconsistent terms. NMSA §37-1-27
- No action for property damage, personal injury, or wrongful death arising from defective or unsafe condition of a physical improvement to real property shall be brought after 10 years. NMSA §37-1-27
- 10-year statute of repose from date of substantial completion. NMSA §37-1-27
- Exceptions for immediate threats to life or safety, uninhabitable dwellings, and seller refusal to repair under warranty. NMSA §42-14-3
- Seller has 60 days to respond. NMSA §42-14-3
- Before filing a construction defect action, purchaser must give written notice to seller specifying defects. NMSA §42-14-3
Sourced from CommunityPay's living legal corpus. Each requirement traces to a primary statute snapshot verified by a subject-matter expert.
Topic Coverage
Assessment Collection
5
Enforcement and Fines
4
Governance Documents
4
Resale Disclosure
3
Construction Defect
2
Elections and Voting
2
Fiduciary Duty
2
Foreclosure and Liens
2
Meetings and Notice
2
Records Access and Inspection
2
Architectural Review
1
Developer Transition
1
Dispute Resolution
1
Insurance Requirements
1
Reserve Requirements
1
Solar & Sustainability Rights
1
Each chip links to the New Mexico statutes addressing that topic. Counts reflect distinct statute assignments.
Applicable Statutes
All New Mexico authorities →
Limitation on Restrictions on Solar Collectors
Any covenant, restriction, or condition in a deed, contract, or other instrument effective after July 1, 1978 that effectively prohibits the installation or use of a solar collector is void and unenforceable. HOAs may regulate solar installations but cannot effectively prohibit them. If pre-approval requirements make installation prohibitively difficult or costly, they are void.
Statute of Repose — Construction Projects
10-year statute of repose from date of substantial completion. No action for property damage, personal injury, or wrongful death arising from defective or unsafe condition of a physical improvement to real property shall be brought after 10 years. Does not apply to actions based on express contract, warranty, or guarantee with inconsistent terms.
Right to Repair Act — Notice and Right to Repair
Before filing a construction defect action, purchaser must give written notice to seller specifying defects. Seller has 60 days to respond. Exceptions for immediate threats to life or safety, uninhabitable dwellings, and seller refusal to repair under warranty.
Homeowner Association Act — Short Title
Establishes the Homeowner Association Act. Applies to all HOAs created and existing in New Mexico. Does not apply to condominiums governed by the Condominium Act. Originally enacted as Article 7E by Laws 2013, ch. 122, effective July 1, 2013, then recompiled to Article 16. Significantly amended by Laws 2019, ch. 30.
Homeowner Association Act — Financial Audit
Financial audit required at least every 3 years by independent CPA in accordance with GAAP. Audit, review, or compilation available to lot owners within 30 calendar days of completion. Does not apply to HOAs created before July 1, 2013 with fewer than 30 lots.
Homeowner Association Act — Contract Disclosure; Right of Cancellation
Seller must provide written disclosure that lot is subject to an HOA. Seller or agent must obtain disclosure certificate from association and provide to purchaser no later than 7 days before closing. Purchaser may cancel within 7 days after receiving the disclosure certificate.
Homeowner Association Act — Sale of Lots; Disclosure Certificate
Association must furnish disclosure certificate within 10 business days of written request. Certificate valid for 60 days. After 60 days, lot owner may request update; association must provide within 3 business days for fee not exceeding $50. Association may charge reasonable fees not exceeding $300 for certificate preparation, collected at closing.
Homeowner Association Act — Applicability
Act applies to all HOAs created and existing in New Mexico. Sections 47-16-9 (proxy voting), 47-16-10 (financial audit), and 47-16-14 (attorney fees) do not apply to HOAs created before July 1, 2013 with fewer than 30 lots, though amendments to their community documents must comply. Does not apply to condominiums governed by the Condominium Act.
Homeowner Association Act — Meetings
Annual and special meeting notice: delivered electronically, hand- delivered, or by mail not less than 10 and no more than 50 days before meeting. Board meeting notice: at least 48 hours in advance. Draft policy resolutions included with board meeting notice.
Homeowner Association Act — Enforcement; Dispute Resolution
Lot owner or association may use ADR (mediation, arbitration, facilitation, conciliation) for disputes. Added by Laws 2019, ch. 30.
Homeowner Association Act — Record Disclosure to Members
All financial and other records available for examination within 10 business days of written request. No charge for review; copies max $0.10/page. Records include minutes (5 years), operating budget, assessments, financial statements, contracts, and insurance policies. If association fails to provide access within 10 business days, rebuttable presumption of willful failure. Lot owner entitled to greater of actual damages or $50/calendar day starting on 11th business day.
Homeowner Association Act — Duties; Assessment Lien
Association has a lien on a lot for assessments and fines from the time due. Lien may be foreclosed like a mortgage. Recording the declaration constitutes perfection. Association must furnish statement of unpaid assessments within 10 business days. Unlike the Condominium Act, the HOA Act does NOT include a six-month super-lien priority over first mortgages — lien priority governed by general recording principles and declaration terms.
Homeowner Association Act — Board Members; Duties; Budget
Board acts on behalf of the association. Declarant-appointed members owe fiduciary duty; elected members owe ordinary and reasonable care free from undisclosed conflict of interest. Board members must certify in writing within 90 days of election or appointment. Budget adopted annually and distributed to lot owners within 30 calendar days. Management contracts must disclose vendor conflicts of interest.
Homeowner Association Act — Declarant Control of Board
Governs transition from declarant control to owner control of the HOA board. Specifies timeline and requirements for the transfer of board authority from the developer to elected homeowner representatives.
Condominium Act — Applicability
Applies to all condominiums created in New Mexico after May 19, 1982. Pre-1982 condominiums governed by the Building Unit Ownership Act (47-7-1 et seq.) may opt in by majority unit owner vote. Amendments to pre-1982 condos must conform to the Condominium Act if granting new rights.
Condominium Act — Insurance
Condominium association must maintain property insurance on common elements at not less than 80% of actual cash value and liability insurance. Insurance commences at first conveyance to a non-declarant purchaser.
Condominium Act — Lien for Assessments
Association has a lien on a unit for assessments and fines from the time they become due. Recording the declaration perfects the lien. Six-month super-lien: the association's lien has priority over first mortgages for six months of assessments based on the periodic budget. Beyond six months, first mortgage takes priority if recorded before the assessment became delinquent. Lien may be foreclosed like a mortgage. Association must furnish unpaid assessment statement within 10 business days.
Condominium Act — Powers of Unit Owners' Association
Association may adopt and amend budgets for revenues, expenditures, and reserves; collect assessments; hire managing agents; make contracts; regulate common elements; commence litigation. This is the statutory basis for reserve budgeting (permissive, not mandatory).
Condominium Act — Executive Board Members and Officers
Governs condominium board composition, terms, fiduciary duties, and removal procedures. Board acts on behalf of the association.
Condominium Act — Meetings
Requires annual meeting of the unit owners association. Special meetings may be called by president, board, or 20% of unit owners. Board meetings are open to owners.
Condominium Act — Resales of Units
Unit owner must furnish purchaser before conveyance: copy of declaration, bylaws, and rules; and a resale certificate containing right of first refusal, monthly assessments and unpaid amounts, other fees, capital expenditures anticipated for current and next two fiscal years, and amount of reserves for capital expenditures. Association must furnish within 10 days of request. Purchaser not liable for unpaid assessments exceeding the certificate amount.
Source: New Mexico state legislature. Statutes verified by CommunityPay. Last verified April 2026.
Pending & Recent New Mexico HOA Legislation
Last action: Mar 10, 2026
1 HOA-relevant bill tracked for New Mexico · refreshed Jun 2, 2026 · Source: LegiScan
New Mexico HOA Fee Benchmark
$211
Avg Median Monthly Fee
$12 – $350
County Range
9985
Units Paying HOA Fees
Source: U.S. Census Bureau, American Community Survey 2023 5-Year Estimates (PUMS). 33 counties with data.
Communities by City
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Download the New Mexico HOA & Condo Compliance Checklist
One PDF — every active New Mexico statute we track, statutory fee caps and time limits, recent legal changes from the last 12 months, and the resale-certificate disclosure profile. Built from CommunityPay's living legal corpus, the same data that drives our resale certificates, reserve reports, and CARI scoring.
- Statutory fee caps and time limits (resale, late fees, lien priority)
- Recent law changes with effective dates
- Resale & estoppel disclosure profile, item by item
No spam. CommunityPay uses your email to send the checklist and one follow-up at most.
Data sourced from New Mexico Secretary of State public registrations. Legal corpus maintained by CommunityPay's editorial team and traced to primary statute snapshots.
United States Payments and Accounting Governance Infrastructure for Community Associations