New Mexico · Article HOA
New Mexico Homeowner Association Act (NMSA 47-16-1 to 47-16-18) — Plain-English Summary
Every section of this body of law translated into plain English for New Mexico board members and homeowners.
General provisions
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§47-16-1
Names Chapter 47 Article 16 the Homeowner Association Act. Subdivision HOAs live here. Condos do not — §47-16-15(C) sends them to the Condominium Act (Articl…
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§47-16-2
Defines association, board, lot, declaration, development, disclosure certificate (twelve listed items), conflict of interest, and the other words this Act u…
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§47-16-3
An association under this Act must be organized under New Mexico law and identified in a recorded declaration. Membership consists exclusively of all lot own…
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§47-16-4
An association organized after July 1, 2013 must record a notice of homeowner association with the county clerk within 30 days after the declaration is recor…
Records and duties
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§47-16-5
On written request, make financial and other records available during regular business hours within ten business days. Inspection is free; copies capped at t…
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§47-16-6
The association exercises the powers in the community documents. It has a lien on a lot for assessments and fines from the time they become due (the full amo…
Board and budget
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§47-16-7
The board acts for the association except as the documents or this Act provide. Declarant-appointed officers and directors owe fiduciary care and loyalty; ow…
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§47-16-8
The declaration may provide a period of declarant control. It ends no later than the earliest of: 60 days after 75 percent of the lots (including addable lot…
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§47-16-8.1
Unless the community documents provide a removal process, lot owners may remove a board member by a two-thirds vote of all lot owners present and entitled to…
Meetings and voting
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§47-16-10
At least every three years the board shall provide a financial audit, review, or compilation of the association's records under GAAP by an independent CPA, a…
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§47-16-17
Hold an annual meeting at least once every 13 months. Notwithstanding anything to the contrary in the community documents, written notice of the annual meeti…
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§47-16-9
The association shall provide for votes in person, by absentee ballot, or by proxy, and may allow another form of delivery. A proxy must be dated and execute…
Resale disclosure
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§47-16-11
Except as provided in §47-16-12, a person selling a lot in an association must provide a written disclosure certificate stating that the lot is in a developm…
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§47-16-12
Before closing, a lot owner furnishes the declaration (other than plats), bylaws, CC&Rs, rules, and a disclosure certificate. The association has ten busines…
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§47-16-13
To cancel under §47-16-11, hand-deliver notice to the lot owner or mail prepaid U.S. mail to the lot owner or the lot owner's agent for service of process. C…
Applicability and enforcement
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§47-16-14
A court may award attorney fees and costs to any party that prevails in a civil action between a lot owner and the association or declarant based on the decl…
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§47-16-15
This Act applies to all homeowner associations created and existing in New Mexico. Sections 47-16-9, 47-16-10, and 47-16-14 do not apply to associations crea…
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§47-16-16
An association shall not adopt or enforce a flag restriction more restrictive than applicable federal or state law or county or municipal ordinance.
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§47-16-18
Everyone must comply with this Act and the community documents. As of July 1, 2026 (Laws 2026, ch. 62): an association may not adopt or enforce a restriction…
Frequently asked about Article HOA
- What is New Mexico Article HOA?
- New Mexico Article HOA — the New Mexico Homeowner Association Act (NMSA 47-16-1 to 47-16-18) — is the body of law that governs how every New Mexico HOA is structured, operated, and held accountable. It covers governance, voting, records, assessments, fining, and most of the day-to-day legal questions a board will face.
- How many sections are in Article HOA?
- Article HOA contains 19 sections in this reference. Each is summarized in plain English on its own page, with links to the official text at nmonesource.com.
- Is the summary on this site legal advice?
- No. These pages are plain-English summaries prepared by SoShiny for board members and managers. For binding legal advice or interpretation of how a section applies to your specific situation, consult a New Mexico-licensed attorney.
- How often does New Mexico Article HOA change?
- The New Mexico Legislature can amend any chapter in any session. We update these summaries when we re-import the official text — see the 'Last updated' date on each section page.
- Does SoShiny enforce Article HOA for me?
- No software 'enforces' a statute — but SoShiny is built around it. Voting, meeting minutes, records access, fining workflow, and audit trails are designed to meet this body of law's requirements out of the box, so the board can demonstrate good-faith compliance if challenged.
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