New Mexico HOA Limits: Solar Rights & Flag Display (NMSA 3-18-32; 47-3; 47-16-16)

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.