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 provide for votes to be cast in person, by absentee ballot or
by proxy and may provide for voting by some other form of delivery.
B. Vote by proxy is allowed for lot owner meetings. The proxy vote shall:
(1) be dated and executed by a lot owner, but if a lot is owned by more than
one person, each owner of the lot may vote or register protest to the casting of votes by
the other owners of the lot through a duly executed proxy, but in no case shall the total
vote cast be more than that allocated to the lot under the declaration;
(2) allow for revocation if notice of revocation is provided to the person
presiding over a lot owner meeting; and
(3) be valid only for the meeting at which it is cast.
C. If proxy voting is utilized at a lot owner meeting, a person shall not pay a
company or person to collect proxy votes.
D. Where directors or officers are to be elected by members, the bylaws may
provide that such elections may be conducted by mail.
E. Votes cast by proxy and by absentee ballot are valid for the purpose of
establishing a quorum.
F. Ballots, if used, shall be counted by a neutral third party or by a committee of
volunteers. The volunteers shall be selected or appointed at an open meeting, in a fair
manner, by the chair of the board or another person presiding during that portion of the
meeting. The volunteers shall not be board members and, in the case of a contested
election for a board position, shall not be candidates.
G. Nothing in this section shall be considered in conflict with or a replacement of
voting member councils or representative voting systems created by the community
documents.
History: Laws 2013, ch. 122, § 9; 2019, ch. 30, § 4.
ANNOTATIONS
The 2019 amendment, effective July 1, 2019, clarified that this section shall not be
considered in conflict with or a replacement of voting member councils or representative
voting systems created by the community documents; and added Subsection G.
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.