Overview — How HOAs are governed in New Mexico

New Mexico governs community associations through two parallel statutes — not a single unified code. The New Mexico Homeowner Association Act took effect July 1, 2013 and covers non-condominium planned communities organized under a recorded declaration.¹ The New Mexico Condominium Act — older and derived from the Uniform Condominium Act — has governed condominiums since 1982.^2,3

What sets New Mexico apart is a carve-out in § 47-16-15. Three sections of the Homeowner Association Act — proxy and absentee voting (§ 47-16-9), financial audits (§ 47-16-10), and attorney fees (§ 47-16-14) — do not apply to associations created before July 1, 2013 that have fewer than 30 lots.⁴ That carve-out is real but bounded: any amendment to those older communities' governing documents must still comply with the Act. The 2019 amendment narrowed the exemption by adding the 30-lot threshold; before that change, all pre-2013 associations qualified regardless of size.

One research note matters here: the legislature originally compiled the Homeowner Association Act as §§ 47-7E-1 through 47-7E-14. The compiler later moved those sections to §§ 47-16-1 through 47-16-14 and extended the Act through § 47-16-18. Sources still citing the 47-7E numbering are out of date.⁵ New Mexico is not a Uniform Common Interest Ownership Act state — UCIOA features such as mandatory owner budget ratification for HOAs do not apply unless the governing documents say otherwise.^2,4 For property managers, boards, and counsel operating in New Mexico, the first question is always which statute applies — and for older small communities, which individual sections apply.

The statutory framework

Footnotes

1. NMSA 1978, § 47-16-1, Short title, Homeowner Association Act (Laws 2013, ch. 122, eff. July 1, 2013) ↩
2. NMSA 1978, § 47-7A-1, New Mexico Condominium Act (§§ 47-7A-1 to 47-7D-20) ↩
3. N.M. Courts Law Library, Uniform Legislation in New Mexico Resource Guide (identifying Condominium Act, §§ 47-7A-1 to 47-7D-20, as New Mexico's version of the Uniform Condominium Act) ↩
4. NMSA 1978, § 47-16-15, Applicability (as amended by Laws 2015, ch. 104, § 3, and Laws 2019, ch. 30, § 7) ↩
5. NMSA 1978, § 47-16-3, compiler's notes (Laws 2013, ch. 122, §§ 1–14 erroneously compiled as §§ 47-7E-1 through 47-7E-14; recompiled as §§ 47-16-1 through 47-16-14) ↩
6. NMSA 1978, § 47-16-2, Definitions ↩
7. NMSA 1978, ch. 47, art. 16, Homeowner Association Act, section index ↩
8. NMSA 1978, § 47-16-16, Flags (Laws 2015, ch. 104, § 2, eff. July 1, 2015) ↩
9. NMSA 1978, § 47-16-7, Board members and officers; duties; budget (Laws 2013, ch. 122, § 7; amended Laws 2019, ch. 30, § 3) ↩
10. NMSA 1978, § 47-16-5, Record disclosure to members (Laws 2013, ch. 122, § 5; amended Laws 2019, ch. 30, § 2) (per-page cap of $0.10; $50/day penalty) ↩
11. NMSA 1978, § 47-16-17, Meetings of association (Laws 2019, ch. 30, § 9, eff. July 1, 2019) ↩
12. Senate Bill 96, 57th Legislature, 2nd Session (2026), enrolled text, Laws 2026, ch. 62, § 4 (amending NMSA 1978, § 47-16-18; effective March 10, 2026), New Mexico Legislature ↩
13. NMSA 1978, § 47-7A-2, Applicability of Condominium Act (eff. May 19, 1982; pre-1982 condominiums governed by Building Unit Ownership Act unless opt-in election recorded) ↩
14. Homeowners Protection Bureau, New Mexico HOA Laws & Resources (Building Unit Ownership Act, § 47-7-1 et seq.; Condominium Act eff. May 19, 1982) ↩
15. NMSA 1978, Condominium Act, arts. 7A–7D (general provisions; creation, alteration, and termination; management; protection of purchasers) ↩
16. NMSA 1978, § 47-7A-3, Definitions ↩
17. NMSA 1978, § 47-7C-3, Executive board members and officers (budget ratification mechanism at subsection C) ↩
18. NMSA 1978, § 47-7C-16, Lien for assessments; resale certificates at § 47-7D-9 ↩
19. New Mexico Nonprofit Corporation Act, NMSA 1978, ch. 53, art. 8 (§§ 53-8-1 et seq.) ↩
20. 31 C.F.R. § 1010.380, Reports of beneficial ownership information (current text on eCFR) (ecfr.gov) (domestic-entity exemption for entities created by filing with a U.S. secretary of state or similar office). ↩
21. 12.3.3 NMAC, Nonprofit Corporations (annual report due date, fee and late-filing penalty), New Mexico State Records Center and Archives ↩
22. Eldorado Cmty. Improvement Ass'n, Inc. v. Billings, 2016-NMCA-057, 374 P.3d 737 (N.M. Ct. App.); Sabatini v. Roybal, 2011-NMCA-086 ↩
23. NMSA 1978, § 47-16-8, Declarant control of board (Laws 2013, ch. 122, § 8); § 47-16-8.1, Removal of board members ↩
24. NMSA 1978, § 47-16-6, Duties of a homeowner association; assessment lien ↩
25. RunHOA, New Mexico State Laws (no CAM-specific license requirement; no condo/HOA-specific oversight rules; disclosure-first framework; no statutory reserve mandate) ↩
26. NMSA 1978, § 47-16-11, Contract disclosure statement; right of cancellation; § 47-16-13, Purchaser's cancellation (seven-day right) ↩
27. NMSA 1978, § 47-16-12, Sale of lots; disclosure certificate (Laws 2019, ch. 30, § 6) ($300 preparation cap at subsection H) ↩
28. NMSA 1978, § 47-16-18, Enforcement of covenants; dispute resolution (Laws 2019, ch. 30, § 10) ↩
29. New Mexico Register cumulative indexes, Volume XXXVI (2025) and Volume XXXVII (2026), New Mexico State Records Center and Archives ↩
30. Senate Bill 72, 57th Legislature, 1st Session (2025), enrolled text, Laws 2025, ch. 62 (NMSA 1978, §§ 47-7C-8, 47-7C-9, 53-8-15, 53-8-16, 53-8-22), New Mexico Legislature ↩
31. Community Associations Institute, New Mexico Virtual Meeting Statute (SB 72 amends §§ 47-7C-8, 47-7C-9, 53-8-15, 53-8-16; eleven-month proxy limit) ↩
32. N.M. HB 440, Homeowners Ass'n Liens, 2025 Reg. Sess., action postponed indefinitely Feb. 22, 2025 (would have amended § 47-16-6) ↩
33. N.M. SB 239, Homeowner Ass'n Lot Owner Remedy, 2025 Reg. Sess. (would have amended § 47-16-18; failed to advance) ↩
34. Supreme Court of New Mexico, case information (Cases Pending table and certiorari reports) ↩
35. New Mexico Court of Appeals, Formal Opinions index (precedential opinions, 2025–2026) ↩
36. Ross v. Villa Del Rio Homeowners Ass’n, Inc., No. A-1-CA-42101 (N.M. Ct. App. July 3, 2025) (non-precedential summary affirmance), New Mexico Court of Appeals ↩
37. N.M. Att'y Gen. Advisory Letter No. 2021-05 (Aug. 17, 2022), End of Exclusive Declarant Control Under the Homeowner Association Act (Picacho Mountain community; 1,560 total anticipated lots; 25% threshold under § 47-16-8(E)) ↩
38. Miller v. Roper Construction, Inc., No. A-1-CA-41926 (N.M. Ct. App. Aug. 25, 2025) (non-precedential memorandum opinion), New Mexico Court of Appeals ↩
39. Senate Bill 239, 57th Legislature, 1st Session (2025), bill record and action history (Do Pass, Senate Tax, Business and Transportation Committee, Feb. 28, 2025; not enacted), New Mexico Legislature ↩
40. Associa, 2026 Legislative Trends (New Mexico among states considering measures preempting or limiting association restrictions on solar installations and fire-resistant construction) ↩