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!


Does New Mexico have a state law that protects residents against unfair debt practices?

Yes. New Mexico has its own debt collection statute, the New Mexico Fair Debt Collection Practices Act (NMFDCPA), which will apply in addition to the federal FDCPA.

This state statute essentially parallels the federal FDCPA's consumer protections. It is intended to safeguard consumers against unfair and deceitful debt collection activities.

Where can I find HOA records?

Homeowner association governing documents are considered public records in the state of New Mexico. HOAs are required to file their documents with the local county clerk, so you can gain access to this information by visiting the local county recorder's office in the area where the association is located.

You can also view certain records on the New Mexico Secretary of State's website or by submitting a request to view these documents via registered mail or email.

Can a homeowner file a private lawsuit against an HOA in New Mexico?

Yes, common-interest communities can experience disputes, and in some cases, homeowners can take legal action against the HOA for housing discrimination or a violation of federal or state laws.

What happens if a community member refuses to pay assessments?

HOAs can impose fines for late payments, and if a homeowner still refuses to pay, the HOA has the right to place a lien on the property, which could lead to foreclosure if the person fails to address the lien.

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David is the co-founder & CMO of DoorLoop, a best-selling author, legal CLE speaker, and real estate investor. When he's not hanging with his three children, he's writing articles here!