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Ruidoso rewrote its rental rules twice since the fires. Neither version mentions your HOA.

Ruidoso rewrote its rental rules twice since the fires. Neither version mentions your HOA.
New Mexico · Regulation

Ruidoso rewrote its rental rules twice since the fires. Neither version mentions your HOA.

The Village of Ruidoso has rewritten its short-term rental ordinance twice in sixteen months, in a community reshaped by wildfire. Neither version says anything about covenants, and no association is notified when a unit goes short-term.1

What is in force

Ordinance 2025-01, adopted April 4, 2025, was superseded by Ordinance 2026-10, adopted by Village Council in June 2026. The Village's guidance states that operators must obtain a New Mexico gross receipts tax identification number, a short-term rental permit, and comply with the provisions adopted in Ordinance 2026-10.

What it requires

A permit obtained through an online portal, with a $300 permit fee covering permit, inspection and notifications, a $50 annual compliance re-inspection, and a $300 late renewal fee. Approval takes up to fifteen business days. Annual renewal and annual compliance inspections are mandatory.

Occupancy is capped at “2 adults per sleeping unit.” Parking requires a minimum of one off-street space per sleeping unit.

Fire safety provisions cover “Fire extinguisher placement, smoke alarm requirements, and an unobstructed path to the outside” — and, in a direct post-fire measure, fire pits and open flames are prohibited.

Eligible structures are “Most structures established as dwelling units,” expressly excluding recreational vehicles, tents, garages, boats, dwellings in commercial or industrial buildings, and live-work units. All rentals of 29 days or less must collect Lodger's Tax and gross receipts tax. Enforcement runs on a three-strike complaint system, with suspension or revocation available for multiple unresolved issues within twelve months.

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The silence, and why it is the story

Neither ordinance, and none of the Village's published material, refers to homeowners associations, private covenants, deed restrictions or restrictive covenants.

That places Ruidoso at the opposite pole from Santa Fe, whose ordinance requires the applicant to affirm “that no private covenants prohibit the operation of the short-term rental unit” and mails notice to “the homeowners association within which the unit is located,” and from Rio Rancho, whose published guidance tells applicants that associations “may still prohibit short-term rentals from operating within their covered neighborhood.”

In Ruidoso a board gets no help from the permit file. The Village neither asks about covenants nor notifies the association, so an association learns a unit has gone short-term only by noticing it — and the Village's permit is not evidence of anything about covenant compliance.

Two provisions that touch covenants without mentioning them

The fire-pit and open-flame prohibition runs with most covenants, not against them. An association whose rules restrict outdoor burning has the Village on the same side of that question, which is a useful alignment to point to when a short-term operator objects.

The parking requirement can run against them. One off-street space per sleeping unit is a real constraint on a mountain lot, and meeting it may mean widening a driveway, paving, or parking in a front yard — exactly the things architectural covenants in Ruidoso-area subdivisions commonly restrict. An owner satisfying the Village's parking requirement may be creating a covenant violation in the process.

The insurance backdrop nobody in Ruidoso can ignore

Ruidoso's Public Protection Classification moved from class 2 to class 3, effective July 1, 2026. New Mexico's Office of Superintendent of Insurance required every residential property and casualty insurer of Ruidoso customers to send policyholders a written notice about the change within ninety days of February 11, 2026.

Separately, the wildfire emergency orders that had protected Lincoln County and Mescalero Apache Reservation owners since June 2024 — postponed cancellations and non-renewals, waived deductibles, grace periods — were revoked effective around March 31, 2026. What survives is a requirement that insurers “allow a minimum of 12 months for repayment of insurance premiums if needed by the insured.”

So a Ruidoso association is budgeting a master-policy renewal into a worse fire class with no emergency-order protection behind it, in the same year the Village is charging $300 a permit to regulate a rental market the association has to police itself.

Where a Ruidoso board stands

Decide the association's position on short-term rentals from the declaration's own language, and communicate it to every owner in writing once, before enforcing against anyone. Watch for the parking conflict, because it is the one that will arrive first. And treat the insurance items as the higher priority: the rental question costs the association enforcement expense, while the classification change and the end of the emergency orders go to whether the community can be insured at all.

One note on sourcing: the operative details above come from the Village's own published pages rather than from the codified ordinance text, which was not obtainable. A board acting on a specific requirement should confirm it against Ordinance 2026-10 itself.

Related New Mexico HOA Topics

← All New Mexico HOA Topics

  1. Village of Ruidoso — Short-Term Rentals (Ordinance 2026-10): permits, fees, occupancy, eligible structures and enforcement
  2. New Mexico OSI Updated Bulletin 2026-003, Ruidoso Public Protection Classification change (Feb. 11, 2026)

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