Fines & PenaltiesNM
Challenging an HOA Fine in New Mexico
By The HOARebel Team · June 1, 2026 · 3 min read
New Mexico's HOA Act lays out one of the more concrete fine procedures in the country. The board does not simply mail a penalty — the statute requires written notice, a specific waiting period, a hearing or written-statement opportunity, and a majority vote of the board afterward. For your specific situation, a licensed New Mexico attorney is the right resource. This is general information, not legal advice.
The statutory framework: NMSA § 47-16-18
Section 47-16-18 governs covenant enforcement and fines. Unless the community documents provide otherwise, the association may, after providing written notice and an opportunity to dispute the alleged violation other than failure to pay assessments:
- "Levy reasonable fines for violations of or failure to comply with any provision of the community documents"; and
- "Suspend, for a reasonable period of time, the right of a lot owner or the lot owner's tenant, guest or invitee to use common areas and facilities of the association."
Two threshold limits live in that sentence: the fine has to be "reasonable," and it has to be for a violation of the community documents — not of an unwritten preference.
The 14-day notice and the hearing
Before imposing a fine or suspension, the board must give the owner an opportunity to submit a written statement or to be heard — and the notice clock is specific. The statute requires the board to provide written notice fourteen days before the hearing. That is enough time for an owner to:
- Read the cited rule
- Pull the relevant records — the rule, the fine schedule, and minutes showing how the rule has been enforced
- Prepare a written statement or arrange to appear at the hearing
The board vote requirement
Here is the protection worth circling. After the hearing or after the board reviews the written statement, the statute provides: "if the board or committee, by a majority vote, does not approve a proposed fine or suspension, neither the fine nor the suspension may be imposed." A fine is not self-executing — it requires affirmative majority approval after the owner has been heard.
That makes the hearing meaningful: the board cannot prejudge the outcome and treat the hearing as a formality.
The "imminent threat" exception
There is one narrow carve-out. Notice and a hearing "are not required for violations that pose an imminent threat to public health or safety." That exception is genuinely limited — a parking violation or a paint-color dispute does not qualify.
Why a New Mexico fine deserves attention
Under the HOA Act, the association has a lien on a lot "for any assessment levied against that lot or for fines imposed against that lot's owner from the time the assessment or fine becomes due." So an unpaid fine can attach to the home as part of the lien. That makes addressing a disputed fine through the § 47-16-18 process — well before the 14-day window closes — particularly important. See Can a New Mexico HOA Foreclose Over Dues?.
What people generally do
For a New Mexico fine, the points that commonly matter:
- The association's records under § 47-16-5 — backed by the $50-per-day penalty if the board stalls.
- The violation notice and the 14-day hearing window.
- A written statement, a hearing request, or both are the owner's options.
- A post-hearing majority vote is required — no fine may be imposed without one.
- Selective enforcement is a recognized defense.
- A licensed New Mexico attorney is the resource before a disputed fine feeds the association's lien.
Sources
Free tool
Is your fine actually valid?
Answer a few questions about your notice and see how it compares to what New Mexico's law requires before an association can fine you — free, with the statute quoted for each step.