New Mexico Statewide Rule
New Mexico CC&R & Covenant Enforcement / ADR (NMSA 47-16-18)
Key Facts
- Governing statute
- NMSA 47-16-18 (enforcement & dispute resolution)
- 'Community documents'
- Declaration, bylaws, articles, rules (NMSA 47-16-2)
- Before enforcement
- Written notice + opportunity to dispute
- Hearing
- Owner may request a hearing on 14 days' notice
- ADR available
- Mediation, arbitration and other non-litigation options
Summary
NMSA 47-16-18 governs how a New Mexico HOA enforces its 'community documents' (declaration, bylaws, articles and rules). The association must give written notice and an opportunity to dispute before fining or suspending an owner, and both sides may use mediation, arbitration or other ADR instead of going straight to court.
Prior to imposition of a fine or suspension, the board shall provide an opportunity to submit a written statement or for a hearing before the board or a committee appointed by the board by providing written notice to the person sought to be fined or suspended fourteen days prior to the hearing. Following the hearing or review of the written statement, if the board or committee, by a majority vote, does not approve a proposed fine or suspension, neither the fine nor the suspension may be imposed. Notice and a hearing are not required for violations that pose an imminent threat to public health or safety.
Full Breakdown
Under the Homeowner Association Act, 'community documents' means the documents governing use of the lots and the operation of the association, including the declaration, bylaws, articles of incorporation and rules (NMSA 47-16-2). NMSA 47-16-18 lets the association enforce covenants by levying reasonable fines or suspending common-area rights 'after providing written notice and an opportunity to dispute an alleged violation.' Before a penalty, the owner may submit a written statement or request a hearing on 14 days' notice, and a majority board vote is required to impose it. The statute also authorizes ADR: a lot owner or the association 'may use a process other than litigation ... including mediation, facilitation, regulatory negotiation, settlement conferences, binding and nonbinding arbitration, fact-finding, conciliation, early neutral evaluation and policy dialogues.'
Violations & Penalties
An enforcement action, fine, suspension or other penalty, is unenforceable if the association bypassed the required written notice, opportunity to dispute, hearing, or majority board vote. Disputes over covenant interpretation or enforcement may be routed to mediation or arbitration under NMSA 47-16-18.
Frequently Asked Questions
How must a New Mexico HOA enforce its CC&Rs?
Can I mediate a covenant dispute with my New Mexico HOA?
What documents can a New Mexico HOA enforce against me?
Sources
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