Verbatim from the public record. The law itself is a government work — always confirm the current version on the official source before you rely on it.
A. Except to the extent provided by the declaration, Subsection B of this section or
Section 46 [47-7C-13 NMSA 1978] of the Condominium Act, the association is
responsible for maintenance, repair and replacement of the common elements, and
each unit owner is responsible for maintenance, repair and replacement of his unit.
Each unit owner shall afford to the association and the other unit owners, and to their
agents or employees, access through his unit reasonably necessary for those purposes.
If damage is inflicted on the common elements or on any unit through which access is
taken, the unit owner responsible for the damage, or the association if it is responsible,
is liable for the prompt repair thereof.
B. In addition to the liability that a declarant as a unit owner has under the
Condominium Act, the declarant alone is liable for all expenses in connection with real
estate subject to development rights. No other unit owner and no other portion of the
condominium is subject to a claim for payment of those expenses. Unless the
declaration provides otherwise, any income or proceeds from real estate subject to
development rights inures to the declarant.
History: Laws 1982, ch. 27, § 40.
ANNOTATIONS
Compiler's notes. — This section is substantially similar to § 3-107 of the Uniform
Condominium Act.
COMMISSIONERS' COMMENT
1. The act permits the declaration to separate maintenance responsibility from
ownership. This is commonly done in practice. In the absence of any provision in the
declaration, maintenance responsibility follows ownership of the unit or rests with the
association in the case of common elements. Under this act, limited common elements
(which might include, for example, patios, balconies and parking spaces) are common
elements. See § 1-103(16) [47-7A-3P NMSA 1978]. As a result, under subsection (a)
[Subsection A], unless the declaration requires that unit owners are responsible for the
upkeep of such limited common elements, the association will be responsible for their
maintenance. Under § 3-115(c) [47-7C-15C NMSA 1978], the cost of maintenance,
repair and replacement for such limited common elements is assessed against all the
units in the condominium, unless the declaration provides for such expenses to be paid
only by the units benefited. See Comment 1 to § 2-108 [47-7B-8 NMSA 1978].
2. Under § 2-110 [47-7B-10 NMSA 1978], a declarant may reserve the right to create
units in portions of the condominium originally designated as common elements. Prior to
creation of the units, title to those portions of the condominium is in the unit owners.
However, under § 3-107(b) [47-7C-7B NMSA 1978], the developer is obligated to pay all
of the expenses of (including real estate taxes properly apportionable to) that real
estate. As to real estate taxes, see § 1-105(c) [47-7A-5C NMSA 1978].
Am. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Condominiums and
Cooperative Apartments §§ 16, 26, 29, 34, 38.
Liability of condominium association or corporation for injury allegedly caused by
condition of premises, 45 A.L.R.3d 1171.
Validity and enforceability of condominium owner's covenant to pay dues or fees to
sports or recreational facility, 39 A.L.R.4th 129.
Right of condominium association's management or governing body to inspect
individual units, 41 A.L.R.4th 730.
31 C.J.S. Estates § 153 et seq.