Challenging an HOA Fine in New Mexico

New Mexico's Homeowner Association Act lays out a specific fine procedure. 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 or a board-appointed committee afterward. The Act "does not apply to a condominium governed by the Condominium Act" (§ 47-16-15(C)); for condominiums, § 47-7C-2(A)(11) lets the association, "after notice and an opportunity to be heard, levy reasonable fines," without the 14-day and majority-vote steps described below. 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. Under § 47-16-18(E), "[u]nless otherwise provided for in the community documents," 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.

Can my HOA fine me without a hearing in New Mexico?

Generally, not without notice and a chance to be heard. Under NMSA 1978, ch. 47, § 47-16-18, the board must give the owner an opportunity to submit a written statement or be heard before the board or a committee it appoints, and § 47-16-18(F) requires written notice fourteen days before the hearing. The 14 days run to the hearing date.

Before imposing a fine or suspension, the board must give the owner an opportunity to submit a written statement or to be heard "before the board or a committee appointed by the board" — and the notice clock is specific. Section 47-16-18(F) requires the board to provide written notice fourteen days before the hearing. The 14 days run to the hearing date; the statute does not set a separate deadline for the owner to ask for a hearing. That window gives an owner time for:

• Reading the cited rule
• Pulling the relevant records — the rule, the fine schedule, and minutes showing how the rule has been enforced
• Preparing a written statement or arranging to appear at the hearing

Does a New Mexico HOA board have to vote on a fine?

Yes. Under NMSA 1978, ch. 47, § 47-16-18, "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." That vote comes after the hearing or after the board reviews the owner's written statement, so a fine is not self-executing.

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 or the written statement has been reviewed.

The "imminent threat" exception

There is one carve-out. Notice and a hearing "are not required for violations that pose an imminent threat to public health or safety." The statute does not list which violations meet that test.

Can an unpaid HOA fine become a lien in New Mexico?

Yes. Under the HOA Act, NMSA 1978, ch. 47, § 47-16-6(B), 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 that lien.

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 (§ 47-16-6(B)), which is why the § 47-16-18 process matters before a fine is imposed. See Can a New Mexico HOA Foreclose Over Dues?.

What people generally do

For a New Mexico fine, the statute points to these items:

• 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 or a hearing request are the owner's options. If the owner neither requests a hearing nor submits a written statement, § 47-16-18(G) provides that the fine or suspension may be imposed, "calculated from the date of violation."
• A post-hearing majority vote of the board or committee is required — no fine may be imposed without one.
• Whether the rule itself is valid is a separate question, covered in Unenforceable HOA Rules in New Mexico.
• A licensed New Mexico attorney is the resource before a disputed fine feeds the association's lien.

Sources

• NMSA § 47-16-18 — Enforcement of covenants; dispute resolution (as amended 2026)
• Laws 2026, ch. 62 (SB 96), § 4 — § 47-16-18 as amended, effective July 1, 2026
• NMSA § 47-16-5 — Record disclosure to members; updated information
• NMSA §§ 47-16-6, 47-16-15, 47-7C-2 — Lien for assessments; applicability; condominium association powers