New Mexico HOA Laws 2026: New Mexico Homeowner Association Act (NMSA § 47-16-1)

New Mexico enacted the Homeowner Association Act (NMSA §§ 47-16-1 through 47-16-20) to provide a modern governance framework for planned community associations. New Mexico condominiums are governed under the New Mexico Condominium Act (NMSA §§ 47-7A-1 through 47-7F-15). Both statutes establish clear homeowner rights and association obligations.

Homeowner Association Act: Key Provisions

The NMHAA applies to all planned community associations and establishes: the right to attend and speak at board meetings, the right to inspect records within 10 business days of written request, the requirement to adopt an annual budget and distribute it to owners, and the requirement to maintain and provide governing documents on request.

Enforcement: Notice and Opportunity to Cure

NMSA § 47-16-15 requires that before imposing any fine, the association must: (1) provide written notice of the alleged violation identifying the specific rule violated, (2) allow the owner a reasonable period to cure, and (3) provide an opportunity for a hearing before the board. New Mexico does not set a statewide fine cap — the governing documents control.

Assessment Liens in New Mexico

The NMHAA grants associations a statutory lien for unpaid assessments (NMSA § 47-16-16). The lien is perfected by recording in the county clerk's office. New Mexico requires judicial foreclosure for HOA assessment liens. For condominiums, the New Mexico Condominium Act provides the same lien rights.

Budget and Records Requirements

New Mexico HOAs must adopt an annual budget and distribute it to all owners before the fiscal year begins. Meeting minutes must be kept and made available within a reasonable time of adoption. All governing documents must be provided to any owner on written request within 10 business days.