Declarant control of board
- Statute:
- New Mexico §47-16-8 · Article HOA (New Mexico Homeowner Association Act (NMSA 47-16-1 to 47-16-18))
- Topic:
- Governance · Declarant control
- Applies to:
- HOA associations
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 lots) are conveyed to others; two years after the declarant stops offering lots in the ordinary course; two years after a development right to add lots was last exercised; or a recorded voluntary termination. Master planned communities are exempt from that cap. Transition: at least one member and not less than 25 percent of the board elected by lot owners within 60 days after 25 percent conveyed; not less than 33 percent after 50 percent. At termination, lot owners elect a board of at least three, a majority of whom are lot owners. Cumulative or class voting may not be used to dodge these limits.
📄 Read the official text at nmonesource.com →
How SoShiny helps with Declarant control of board
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 §47-16-8 require?
- 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 lots) are conveyed to others; two years after the declarant stops offering lots in the ordinary course; two years after a development right to add lots was last exercised; or a recorded voluntary termination. Master planned communities are exempt from that cap.
- Who does New Mexico §47-16-8 apply to?
- New Mexico §47-16-8 applies to HOA associations in New Mexico.
- What happens if our HOA doesn't comply with §47-16-8?
- 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 §47-16-8?
- 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 Declarant control of board?
- 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 §47-16-8 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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