New Mexico law · Homeowner Association Act

NMSA 1978, § 47-16-6

Duties of a homeowner association

Covered in 2 owner guides

What this section does for you

Fines join assessments in the association's lien from their due date — the reason to contest a fine at the hearing stage, before it hardens into secured debt.
Owner guide: Fines & violations in New Mexico
The HOA lien: assessments and fines lien the lot from their due date, perfected by the recorded declaration, foreclosed in like manner as a mortgage — plus a duty to furnish a recordable payoff statement within 10 business days of written request.
Owner guide: Foreclosure & liens in New Mexico

The statutory text

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. The association shall exercise any powers conferred to the association in the community documents. 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. If an assessment is payable in installments, the full amount of the assessment shall be a lien from the time the first installment becomes due. The association's lien may be foreclosed in like manner as a mortgage on real estate. C. Recording the declaration constitutes notice recorded in the office of the county clerk in the county or counties in which any part of the real property is located and perfection of the lien. D. Upon written request by a lot owner, the association shall furnish a recordable statement setting forth the amount of unpaid assessments against the lot owner's lot. The statement shall be furnished within ten business days after receipt of the request and is binding on the association and the board. History: Laws 2013, ch. 122, § 6. ANNOTATIONS Effective dates. — Laws 2013, ch. 122, § 16 provided that the Homeowner Association Act was effective July 1, 2013. Compiler's notes. — Laws 2013, ch. 122, §§ 1 through 14 were erroneously compiled as 47-7E-1 through 47-7E-14 NMSA 1978, and have been recompiled as 47-16-1 through 47-16-14 NMSA 1978 by the compiler.