New Mexico HOA Laws: Rights & Board Duties

New Mexico regulates homeowners associations through two primary statutes: the Homeowner Association Act (NMSA §47-16-1 to §47-16-18) for planned communities and the Condominium Act (§47-7A-1 et seq.) for condominium associations. Understanding which statute applies to your community is critical for asserting your rights.

Homeowner Association Act (§47-16)

Enacted in 2013, the Homeowner Association Act provides the primary framework for planned community governance:

• §47-16-2 — Definitions
• §47-16-3 — Creation of a homeowner association
• §47-16-5 — Record disclosure to members
• §47-16-6 — Duties of the association; lien for unpaid assessments and fines
• §47-16-7 — Board members and officers; duties; budget
• §47-16-9 — Proxy and absentee voting; ballot counting
• §47-16-15 — Applicability of the Act
• §47-16-16 — Display of the United States flag
• §47-16-17 — Meetings of the association
• §47-16-18 — Enforcement of covenants; dispute resolution (the section requires notice and an opportunity to be heard before most fines)

Condominium Act (§47-7A to §47-7D)

The Condominium Act governs condominium associations separately:

• Article 47-7B — Creation and organization of condominiums
• Article 47-7C — Management and governance (the assessment lien is at §47-7C-16)
• Article 47-7D — Rights and obligations of unit owners
• Includes provisions on assessments, liens, insurance, and enforcement

The Homeowner Association Act grants New Mexico homeowners specific rights that protect against board overreach and arbitrary enforcement. These rights apply regardless of what your CC&Rs say — state law prevails over conflicting governing document provisions.

Record Access Rights (§47-16-5)

You have the right to inspect and copy HOA records:

• Financial records — Annual budgets, financial statements, and bank statements
• Meeting minutes — Board and membership meeting minutes
• Governing documents — CC&Rs, bylaws, rules and regulations
• Contracts — Vendor contracts and management agreements
• Ten business days — records must be made available during regular business hours within ten business days of a written request. Not "a reasonable time" — a hard, countable deadline
• Copying costs — HOA can charge only reasonable copying costs

How to Start the Clock Correctly

The remedy above only exists if you trigger it properly. Three things decide whether you have a $50-a-day claim or nothing at all:

1. Put it in writing. The statute runs from a written request. A phone call to a board member or a verbal ask at a meeting does not start the clock, however clearly you asked. This is the single most common way New Mexico homeowners forfeit the penalty without knowing it existed.
2. Date it and prove delivery. The count runs from the association's receipt, so send it by a method that produces a timestamp — certified mail with return receipt, or email with the management company's acknowledgment retained. Keep a copy of what you sent.
3. Identify what you want. Ask for specific categories and a date range (for example, "all violation notices issued for fence-height violations, January 2025 to present, and the board minutes approving them"). A precise request is harder to stall and easier to show was refused.

Then count business days. If the eleventh arrives with no access, the presumption of willfulness attaches and the penalty starts accruing per calendar day. Note the asymmetry: the deadline is measured in business days, but the $50 accrues per calendar day.

Meeting and Participation Rights (§47-16-17)

• Notice of meetings — Must receive reasonable advance notice of board and member meetings
• Right to attend — Open meetings must be accessible to all members
• Meeting notice (§47-16-17) — Advance notice of meetings is required: 10–50 days for annual and special member meetings, and at least 48 hours for board meetings
• Speaking and closed sessions — Any right to address the board, and any limits on closed sessions, come from your governing documents rather than a specific provision of §47-16-17

2025 Update: Remote Meetings and Electronic Notice (SB 72)

Senate Bill 72 (Laws 2025, ch. 62) was signed on April 7, 2025 and took effect June 20, 2025. It amended the Condominium Act and the Nonprofit Corporation Act — not the Homeowner Association Act itself — but it reaches most New Mexico HOAs anyway, because most are incorporated as nonprofit corporations. What changed:

• Meeting notice may be sent by email, with the recipient's advance agreement. Advance agreement is the condition — an association cannot switch you to email notice unilaterally and then treat a message you never consented to receive as good notice.
• Virtual meetings and electronic voting are expressly permitted for both member and board meetings.
• Owners present by simultaneous, remote electronic means count toward a quorum, and unless the bylaws say otherwise, a quorum exists if persons entitled to cast 20% of the votes for election of the executive board are present in person, by proxy, or remotely.

Why this matters to a fine: rules and fine schedules adopted at a meeting that was never properly noticed, or that never had a quorum, are open to challenge. If the rule you were cited under was adopted at a remote meeting, ask how notice was given, whether you had agreed to electronic notice, and what the quorum count was.

Voting and Election Rights (§47-16-9)

• Right to vote in board elections and on matters requiring member approval
• Right to run for the board — Eligible members can serve as directors
• Proxy voting — Allowed unless specifically prohibited by governing documents
• Fair elections — Elections must be conducted according to governing documents and statute

Enforcement Procedure Rights (§47-16-18)

• Written notice required — Before any fine or sanction
• Notice of hearing — At least 14 days' written notice before a hearing
• Right to be heard — Before any fine is imposed
• Fair dealing — Board must act in good faith and treat all members equitably

New Mexico Solar Rights Act Protection

New Mexico's Solar Rights Act (§47-3-1 to §47-3-5) provides additional protections:

• HOAs cannot prohibit the installation of solar energy systems on your property
• CC&R provisions restricting solar panels are unenforceable
• HOAs can impose reasonable aesthetic requirements but cannot effectively prevent installation
• This protection applies statewide to all residential properties including those in HOAs

New Mexico HOA board members owe fiduciary duties to the association and its members. Understanding these obligations gives you leverage when boards fail to comply with the law.

Fiduciary Duty (§47-16-7)

Board members must act in good faith and in the best interests of the association:

• Duty of care — Must act with the care an ordinarily prudent person would exercise
• Duty of loyalty — Must act in the best interests of the association, not personal interests
• Duty of good faith — Must deal fairly and honestly with all members
• No self-dealing — Must disclose and avoid conflicts of interest

Financial Obligations (§47-16-7)

• Annual budget — Must prepare and distribute an annual budget to members
• Financial statements — Must maintain accurate financial records
• Annual budget (§47-16-7) — New Mexico does not require reserve studies; the board must adopt a budget annually and distribute a summary to members
• Transparency — Financial records must be available for member inspection

Enforcement Obligations (§47-16-18)

When enforcing rules, the board must:

• Provide written notice before taking enforcement action
• Give notice of a hearing — At least 14 days' written notice before imposing a fine
• Offer a hearing — Before imposing any fine or sanction
• Enforce uniformly — Apply rules consistently to all homeowners
• Act reasonably — Fines and sanctions must be proportionate to the violation

Things Your Board CANNOT Do

• Cannot fine without notice and hearing (violates §47-16-18)
• Cannot deny record access (violates §47-16-5)
• Cannot selectively enforce rules against certain homeowners while ignoring others
• Cannot restrict solar panel installation (violates Solar Rights Act §47-3-1)
• Cannot discriminate based on race, color, religion, national origin, sex, disability, or familial status (Fair Housing Act)
• Cannot retaliate against homeowners who exercise their legal rights or file complaints

New Mexico law protects certain homeowner activities that HOAs cannot restrict, even if the CC&Rs appear to prohibit them. Understanding these protections is essential for fighting improper violations.

Solar Rights Act (§47-3-1 to §47-3-5)

New Mexico has one of the strongest solar protection laws in the nation. The Solar Rights Act declares that the use of solar energy is a property right:

• HOAs cannot prohibit the installation of solar collectors or solar energy systems
• CC&R provisions that effectively prevent solar installation are void and unenforceable
• HOAs may reasonably regulate the placement and appearance of solar collectors, but may not adopt restrictions that effectively prohibit a solar system

Xeriscape and Water Conservation

In New Mexico's arid climate, water conservation landscaping is increasingly important:

• Many New Mexico municipalities encourage or require water-efficient landscaping
• HOAs that mandate water-intensive landscaping may face challenges under local ordinances
• Check your local municipality's water conservation requirements — they may preempt CC&R landscaping mandates
• See our guide on landscaping violations for strategies

Federal Fair Housing Protections

Federal and New Mexico state fair housing laws apply to all HOAs:

• The New Mexico Human Rights Act (§28-1-1 et seq.) prohibits discrimination in housing
• HOAs cannot enforce rules in a discriminatory manner based on protected characteristics
• Reasonable accommodations must be made for persons with disabilities
• If you believe your violation notice is motivated by discrimination, document and report it