New Mexico Statewide Rule

New Mexico HOA Assessments, Liens & Foreclosure (NMSA 47-16; 47-7C-16)

Some RestrictionsApplies statewide across New Mexico (2026)

Key Facts

HOA governing law: Homeowner Association Act, NMSA 47-16-1 to 47-16-18
HOA statutory lien?: None: lien/foreclosure power comes from the declaration
Condo lien: NMSA 47-7C-16: statutory lien covers assessments and fines
Condo foreclosure: 'Foreclosed in like manner as a mortgage on real estate'
Condo lien deadline: Extinguished if not enforced within 3 years

Last verified: September 5, 2026

Summary

The New Mexico Homeowner Association Act (NMSA 47-16-1 to 47-16-18) does not create a statutory assessment lien for ordinary HOAs; collection and any lien or foreclosure power must come from the recorded declaration. Condominiums are different: NMSA 47-7C-16 gives them a statutory lien foreclosable like a mortgage.

The association shall have a lien on a lot for any assessment levied against that lot or for fines imposed against that lot's owner from the time the assessment or fine becomes due. If an assessment is payable in installments, the full amount of the assessment shall be a lien from the time the first installment becomes due. The association's lien may be foreclosed in like manner as a mortgage on real estate.

View official code

Full Breakdown

For non-condominium HOAs, New Mexico's Homeowner Association Act sets disclosure and governance rules but contains no statutory assessment lien, so an association's authority to lien or foreclose comes from its recorded declaration and general contract/lien law. Condominium associations have an express statutory lien under NMSA 47-7C-16: a lien attaches 'from the time the assessment or fine becomes due,' may be 'foreclosed in like manner as a mortgage on real estate,' and is 'extinguished unless proceedings to enforce the lien are instituted within three years after the full amount of the assessments becomes due.' A judgment may include costs and reasonable attorney's fees for the prevailing party, and recording the declaration perfects the lien.

Violations & Penalties

No statutory penalty beyond the debt: unpaid assessments plus interest, late charges, collection costs and attorney's fees allowed by the declaration (or, for condos, NMSA 47-7C-16). HOA-lot foreclosure proceeds under the declaration; a condo lien forecloses like a mortgage.

Frequently Asked Questions

Can a New Mexico HOA foreclose on my home for unpaid dues?

Possibly, but not under the Homeowner Association Act, which creates no statutory lien. A non-condominium HOA's power to lien and foreclose for unpaid assessments comes from its recorded declaration and general lien law, so check those documents to see what remedies your association actually has.

Is a New Mexico condominium lien different from an HOA lien?

Yes. NMSA 47-7C-16 gives condominium associations an express statutory lien for assessments and fines that may be foreclosed 'in like manner as a mortgage on real estate.' Ordinary homeowner associations have no such statute and must rely on the declaration.

How long does a New Mexico condo association have to enforce an assessment lien?

Under NMSA 47-7C-16, a condominium lien for unpaid assessments is extinguished unless proceedings to enforce it are instituted within three years after the full amount of the assessments becomes due. The judgment may include costs and reasonable attorney's fees for the prevailing party.

Sources

NMSA 47-7C-16 — Lien for assessments (Condominium Act)

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