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Bernalillo County, NM HOA Rules: CC&R Enforcement (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Fee cap
$200.00 per request
Applies to
HOA & condo associations
Covers
Disclosure/resale certificates
Penalty
Up to $300 fine
Other HOA matters
Governed by state law

Summary

County ordinance caps what homeowner and condo associations can charge for a resale or disclosure certificate at $200 per request. Beyond that one fee cap, HOA governance in unincorporated Bernalillo County runs on state law, not county code.

These county ordinances apply to unincorporated areas of Bernalillo County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

Homeowner and condominium associations may impose a reasonable charge not to exceed $200.00 payable per request at the time of closing for preparation of a disclosure certificate as required by the New Mexico Homeowner Association Act, or for a disclosure statement or resale certificate as required by the New Mexico Condominium Association Act.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 92).

Full Breakdown

Bernalillo County doesn't regulate HOA covenants, dues, architectural review, or rule enforcement against homeowners: those stay with each association's own governing documents and the state's Homeowner Association Act and Condominium Association Act. The single place county code steps in: Sec. 14-601 caps the charge an HOA or condo association can impose for preparing a disclosure certificate, disclosure statement, or resale certificate at $200.00 per request, payable at closing. That's the entire county-level HOA rule; everything else is between the homeowner, the association, and state law.

Violations & Fines

Charging a buyer or seller more than $200 for a required disclosure or resale certificate violates Sec. 14-603, punishable under the Code's general penalty in Sec. 1-6: a fine up to $300, up to 90 days imprisonment, or both.

Frequently Asked Questions

Can my HOA charge more than $200 for a resale certificate?
No. Bernalillo County Code caps the charge at $200.00 per request no matter what the association's fee schedule says.
Does the county regulate HOA rule enforcement or dues?
No: the county's only HOA rule is this $200 disclosure-certificate fee cap. Dues, covenant enforcement, and architectural review are governed by the association's own documents and state law.

Sources & Official References

Other rules in Bernalillo County

All Bernalillo County rules

Compare Bernalillo County to another location·View the New Mexico hoa rules overview

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