Enforcement of covenants; dispute resolution; registered child care homes; licensed family child care homes; licensed group child care homes; conflicts
- Statute:
- New Mexico §47-16-18 · Article HOA (New Mexico Homeowner Association Act (NMSA 47-16-1 to 47-16-18))
- Topic:
- Governance · Fines, child care homes, ADR
- Applies to:
- HOA associations
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 that effectively prohibits or unreasonably restricts use of a lot as a registered, licensed-family, or licensed-group child care home, may not levy a child-care-only fee except uniformly applied cost-based assessments, and must reasonably accommodate ECECD licensing where it conflicts with the documents without materially impairing health, safety, or property. Uniform parking, noise, safety, exterior, and common-element rules still apply. Unless the documents say otherwise, after written notice and a chance to dispute (not for unpaid assessments) the association may levy reasonable fines and suspend common-area use. Before imposing either, give 14 days' written notice of a hearing or a chance to submit a written statement; a majority of the board or its committee must approve. No notice/hearing for an imminent public-health or safety threat. Lot owners and the association may use mediation, arbitration, or other non-litigation dispute processes.
📄 Read the official text at nmonesource.com →
How SoShiny helps with Enforcement of covenants; dispute resolution; registered child care homes; licensed family child care homes; licensed group child care homes; conflicts
SoShiny is built around the Florida statutes from day one. The features that help you comply with this section are part of every plan — no add-ons, no per-document fees.
See the feature → Start freeFrequently asked
- What does New Mexico §47-16-18 require?
- 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 that effectively prohibits or unreasonably restricts use of a lot as a registered, licensed-family, or licensed-group child care home, may not levy a child-care-only fee except uniformly applied cost-based assessments, and must reasonably accommodate ECECD licensing where it conflicts with the documents without materially impairing health, safety, or property.
- Who does New Mexico §47-16-18 apply to?
- New Mexico §47-16-18 applies to HOA associations in New Mexico.
- What happens if our HOA doesn't comply with §47-16-18?
- Non-compliance can expose the association and individual directors to disputes in the governing forum for New Mexico community associations. SoShiny's audit trail and documented workflows are designed to demonstrate good-faith compliance.
- Where can I read the official text of New Mexico §47-16-18?
- The official text is published by the New Mexico Legislature at nmonesource.com. The summary on this page is for plain-English reference only and is not legal advice.
- How does SoShiny help with Enforcement of covenants; dispute resolution; registered child care homes; licensed family child care homes; licensed group child care homes; conflicts?
- SoShiny is built around the Florida statutes from day one. The features that help you comply with this section are part of every plan — no add-ons, no per-document fees. Learn more →
Not legal advice. This page is a plain-English summary of New Mexico §47-16-18 prepared by SoShiny for board members and managers. For binding legal advice or interpretation, consult a New Mexico-licensed attorney. For the official statutory text, see the link above.
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