Which New Mexico Laws Govern Your HOA or Condo?

New Mexico has two separate community-association statutes: the 2013 Homeowner Association Act for HOAs and the Condominium Act for condominiums, with the state's Nonprofit Corporation Act and federal law alongside. Knowing which one applies to your community is the starting point for almost every dispute. For your specific situation, a licensed New Mexico attorney is the right resource. This is general information, not legal advice.

Does New Mexico have an HOA law?

Yes. The Homeowner Association Act (NMSA 1978, ch. 47, art. 16), in effect since July 1, 2013, is the main state HOA law, applying to "all homeowner associations created and existing within this state" (§ 47-16-15(A)). It excludes condominiums governed by the Condominium Act, and three sections do not reach associations created before that date with fewer than thirty lots.

Section 47-16-1 provides that Chapter 47, Article 16 "may be cited as the 'Homeowner Association Act'". It took effect July 1, 2013.

Which associations it covers

Coverage is broad. Under § 47-16-15(A), "the Homeowner Association Act shall apply to all homeowner associations created and existing within this state" — not only associations formed after 2013. The act defines a homeowner association as "an incorporated or unincorporated entity upon which maintenance and operational responsibilities are imposed and to which authority is granted in the declaration" (§ 47-16-2), so it does not depend on the association being a corporation.

Two limits narrow that reach:

• Small older associations. Under § 47-16-15(B), "Sections 47-16-9, 47-16-10 and 47-16-14 NMSA 1978 do not apply to homeowner associations created before July 1, 2013 and that have fewer than thirty lots" — those are the sections on proxy and absentee voting, the periodic financial audit, and attorney fees. The same subsection adds a catch: "any amendment to the community documents of an association created before July 1, 2013 shall comply with the Homeowner Association Act."
• Condominiums. Under § 47-16-15(C), "The Homeowner Association Act does not apply to a condominium governed by the Condominium Act." The act's definition of declaration likewise "does not include a like instrument for a condominium or time-share project" (§ 47-16-2).

The act also has a recording rule with teeth. Under § 47-16-4, an association must record a notice of homeowner association with the county clerk; if it fails to, "the association's authority to charge an assessment, levy a fine for late payment of an assessment or enforce a lien for nonpayment of an assessment shall be suspended until the notice of homeowner association is recorded" (§ 47-16-4(D)).

What it addresses

• Record disclosure to members (§ 47-16-5), including "minutes of all meetings of the association's lot owners and board for the previous five years, other than executive sessions." A lot owner denied access is entitled to the greater of actual damages or "fifty dollars ($50.00) per calendar day, starting on the eleventh business day after the association's receipt of the written request."
• Board duties and the annual budget (§ 47-16-7).
• Meetings (§ 47-16-17) — "The association shall hold an annual meeting at least once every thirteen months." Annual and special meeting notice goes out "not less than ten and no more than fifty days before the meeting," and board meeting notice "at least forty-eight hours in advance," unless the community documents require a longer period.
• Fines and dispute resolution (§ 47-16-18) — "Unless otherwise provided for in the community documents," the association may, "after providing written notice and an opportunity to dispute an alleged violation other than failure to pay assessments," levy "reasonable fines" and suspend common-area use (§ 47-16-18(E)). Before a fine, the board must offer a written statement or a hearing "by providing written notice to the person sought to be fined or suspended fourteen days prior to the hearing," and 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" (§ 47-16-18(F)). Since July 1, 2026, the same section also limits restrictions on, and fees charged to, registered and licensed child care homes (Laws 2026, ch. 62 (SB 96)).
• The statutory lien (§ 47-16-6(B)) — "The association shall have 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," and the lien "may be foreclosed in like manner as a mortgage on real estate."

Do New Mexico condos follow a different law than HOAs?

Yes. Condominiums follow the Condominium Act (NMSA 1978, ch. 47, arts. 7A–7D), enacted in 1982, which applies to condominiums created after its effective date (§ 47-7A-2). Older condominiums stay under the Building Unit Ownership Act unless a majority of unit owners approve a resolution to come under the Condominium Act and it is recorded.

Section 47-7A-1 provides that the act "may be cited as the 'Condominium Act.'" It was enacted in 1982, and its reach depends on when the condominium was created:

• Newer condos. "The Condominium Act applies to all condominiums created within this state after the effective date of that act" (§ 47-7A-2(A)).
• Older condos. Condominiums created earlier stay under the Building Unit Ownership Act unless the owners opt in. Under § 47-7A-2(B), such a condominium "shall become subject to the Condominium Act and not the Building Unit Ownership Act if a resolution to that effect is approved by a majority of the unit owners and is then recorded as are instruments creating interests in real property."

For a covered condominium, the association "shall be organized as a profit or nonprofit corporation or as an unincorporated association" (§ 47-7C-1). Its lien provision, § 47-7C-16, provides that "Recording of the declaration constitutes record notice and perfection of the lien," and that "A lien for unpaid assessments is extinguished unless proceedings to enforce the lien are instituted within three years after the full amount of the assessments becomes due."

The New Mexico Nonprofit Corporation Act (NMSA §§ 53-8-1 et seq.)

Because a homeowner association may be "incorporated or unincorporated" (§ 47-16-2), the Nonprofit Corporation Act — which § 53-8-1 says "may be cited as the 'Nonprofit Corporation Act'" — applies only to an association organized as a nonprofit corporation. Under § 53-8-3(A), its domestic-corporation provisions "apply to: (1) all corporations organized under that act." For those associations it adds:

• Director standards. Under § 53-8-25.1, a director performs his duties "in good faith, in a manner the director believes to be in or not opposed to the best interests of the corporation and with such care as an ordinarily prudent person would use under similar circumstances in a like position."
• Books and records. Under § 53-8-27, "All books and records of a corporation may be inspected by any member, or his agent or attorney, for any proper purpose at any reasonable time" — alongside, not instead of, the HOA Act's § 47-16-5 disclosure rules.
• Member meetings, voting, and quorum (§§ 53-8-13, 53-8-15 and 53-8-16).

How the layers fit

1. The recorded community documents — declaration, bylaws, articles, and rules (the act's community documents). Under § 47-16-18(A), "Each association and each lot owner and the owner's tenants, guests and invitees shall comply with the Homeowner Association Act and the association's community documents." How the two interact varies by section: some HOA Act rules apply "Notwithstanding a provision to the contrary in the community documents" (§ 47-16-17(B), meeting notice), while others yield to the documents (§ 47-16-18(E), "Unless otherwise provided for in the community documents"). For condominiums, § 47-7A-4 provides that the act's provisions "shall not be varied by agreement, and the rights conferred by the Condominium Act shall not be waived," except as the act expressly allows.
2. The Homeowner Association Act (NMSA §§ 47-16-1 to 47-16-18) for HOAs — or the Condominium Act (NMSA §§ 47-7A-1 to 47-7D-20) for condos.
3. The Nonprofit Corporation Act (NMSA §§ 53-8-1 et seq.) for an association organized as a nonprofit corporation.
4. Federal law — Fair Housing Act, ADA, Servicemembers Civil Relief Act, OTARD, and the Freedom to Display the American Flag Act.

From records to fines to the assessment lien, the Homeowner Association Act is the starting point for most New Mexico homeowner questions.

Sources

• NMSA 1978, Chapter 47 (Property Law) — Article 16, Homeowner Association Act (§§ 47-16-1 to 47-16-18), and Articles 7A–7D, Condominium Act (§§ 47-7A-1 to 47-7D-20) — New Mexico Compilation Commission
• Laws 2026, ch. 62 (SB 96), § 4 — § 47-16-18 as amended, effective July 1, 2026
• NMSA 1978, Chapter 53 (Corporations) — Article 8, Nonprofit Corporation Act — New Mexico Compilation Commission