New Mexico overrides some HOA restrictions. NMSA 3-18-32 makes any covenant that 'effectively prohibits' a solar collector void and unenforceable, and the Solar Rights Act (NMSA 47-3-1 et seq.) declares solar use a property right. NMSA 47-16-16 protects flag display. New Mexico has no statute protecting political yard signs.
On solar, NMSA 3-18-32 provides that a covenant or restriction effective after July 1, 1978 'that effectively prohibits the installation or use of a solar collector is void and unenforceable.' The Solar Rights Act, NMSA 47-3-1 et seq., separately declares that 'the right to use the natural resource of solar energy is a property right' known as a solar right (NMSA 47-3-4); an HOA may impose reasonable rules so long as they do not effectively prohibit solar. On flags, NMSA 47-16-16 bars an association from adopting or enforcing flag-display restrictions more restrictive than applicable federal, state or local law, overriding conflicting provisions in older governing documents. New Mexico has no statute shielding political or campaign yard signs from HOA rules.
An HOA covenant or rule that effectively prohibits a solar collector is void and unenforceable (NMSA 3-18-32), and a flag restriction more restrictive than federal or state law cannot be enforced (NMSA 47-16-16). With no political-sign statute, sign limits depend on the community documents.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Albuquerque, NM
Albuquerque Code Section 8-5-2-3 declares a vehicle abandoned if it sits unattended on a public street for 36 hours, on private property without owner consen...
Albuquerque, NM
Albuquerque has no city ordinance restricting lawn ornaments on residential property. IDO landscaping requirements focus on water conservation (xeriscape) an...
Albuquerque, NM
Albuquerque has no city ordinance regulating residential inflatable holiday displays. IDO Section 14-16-5-9 noise standards could theoretically apply to over...
Albuquerque, NM
Albuquerque has no municipal ordinance regulating residential holiday lights. Display timing, brightness, and animation are governed by HOA/condo covenants a...
Albuquerque, NM
Albuquerque requires building permits for outdoor kitchens with gas lines, electrical wiring, plumbing, or structural roofs. Trade permits route through the ...
Albuquerque, NM
Albuquerque has no specific smoker ordinance, but New Mexico Air Quality Bureau under 20.11.21 NMAC restricts visible emissions and open burning. Albuquerque...
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