reglab/housing_qa huggingface dataset:
NM Stat § 47-14-22 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 14 - Appraisal Management Company Registration|Section 47-14-22 - Disciplinary hearings.

The board shall conduct adjudicatory proceedings in accordance with the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978]; provided that: A. a written notice shall be satisfied by personal service on the controlling person of the registrant or the registrant's agent for service of process in this state or by sending the notice by certified mail, return receipt requested, to the controlling person of the registrant to the registrant's address on file with the board; and B. a hearing on the charges shall be at a time and place prescribed by the board. History: Laws 2009, ch. 214, § 22; 2010, ch. 13, § 6. ANNOTATIONSThe 2010 amendment, effective July 1, 2010, in the introductory sentence, after "The board", changed "may" to "shall", and after "in accordance with the", deleted "Administrative Procedures" and added "Uniform Licensing"; deleted former Subsection A, which provided that before taking disciplinary action, the board shall notify the registrant of any changes at least twenty days before the date set for a hearing and shall afford the registrant an opportunity to be heard; deleted former Subsection D, which provided that the board may make findings of fact and shall deliver findings to the registrant charged with the offense; and relettered former Subsections B and C as Subsections A and B.
NM Stat § 47-14-23 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 14 - Appraisal Management Company Registration|Section 47-14-23 - Rulemaking authority.

The board may adopt rules that are reasonably necessary to implement, administer and enforce the provisions of the Appraisal Management Company Registration Act, including rules for obtaining copies of appraisals and other documents necessary to audit compliance with the Appraisal Management Company Registration Act. History: Laws 2009, ch. 214, § 23. ANNOTATIONSEffective dates. — Laws 2009, ch. 214 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
NM Stat § 47-15-1 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 15 - Mortgage Foreclosure Consultant Fraud Prevention|Section 47-15-1 - Short title.

This act [47-15-1 to 47-15-8 NMSA 1978] may be cited as the "Mortgage Foreclosure Consultant Fraud Prevention Act". History: Laws 2010, ch. 58, § 1. ANNOTATIONSEffective dates. — Laws 2010, ch. 58 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2010, 90 days after the adjournment of the legislature. Severability. — Laws 2010, ch. 58 § 9 provided if any provision of the Mortgage Foreclosure Consultant Fraud Prevention Act or the application of any of its provisions to any person or circumstance is held to be unconstitutional and void, the remainder of the Mortgage Foreclosure Consultant Fraud Prevention Act remains valid.
NM Stat § 47-15-4 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 15 - Mortgage Foreclosure Consultant Fraud Prevention|Section 47-15-4 - Rescission of foreclosure consultant contract.

A. In addition to any other right under law to rescind a contract, an owner may rescind a foreclosure consulting contract until midnight of the third business day after the day on which the owner signs a foreclosure consulting contract that complies with the Mortgage Foreclosure Consultant Fraud Prevention Act. B. Cancellation of a foreclosure consulting contract occurs when an owner gives written notice of cancellation to the foreclosure consultant at the address specified in the contract. C. Notice of cancellation, if given by mail, is effective when deposited in the mail properly addressed with postage prepaid. D. Notice of cancellation given by an owner need not take the particular form as provided with the contract and, however expressed, is effective if it indicates the intention of the owner not to be bound by the contract. History: Laws 2010, ch. 58, § 4. ANNOTATIONSEffective dates. — Laws 2010, ch. 58 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2010, 90 days after the adjournment of the legislature. Severability. — Laws 2010, ch. 58 § 9 provided if any provision of the Mortgage Foreclosure Consultant Fraud Prevention Act or the application of any of its provisions to any person or circumstance is held to be unconstitutional and void, the remainder of the Mortgage Foreclosure Consultant Fraud Prevention Act remains valid.
NM Stat § 47-15-6 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 15 - Mortgage Foreclosure Consultant Fraud Prevention|Section 47-15-6 - Waiver not allowed.

Any waiver by an owner of the provisions of the Mortgage Foreclosure Consultant Fraud Prevention Act is void and unenforceable as contrary to public policy. Any attempt by a foreclosure consultant to induce an owner to waive the owner's rights under the Mortgage Foreclosure Consultant Fraud Prevention Act is a violation of that act. History: Laws 2010, ch. 58, § 6. ANNOTATIONSEffective dates. — Laws 2010, ch. 58 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2010, 90 days after the adjournment of the legislature. Severability. — Laws 2010, ch. 58 § 9 provided if any provision of the Mortgage Foreclosure Consultant Fraud Prevention Act or the application of any of its provisions to any person or circumstance is held to be unconstitutional and void, the remainder of the Mortgage Foreclosure Consultant Fraud Prevention Act remains valid.
NM Stat § 47-15-7 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 15 - Mortgage Foreclosure Consultant Fraud Prevention|Section 47-15-7 - Remedies.

A. A violation of the Mortgage Foreclosure Consultant Fraud Prevention Act constitutes an unfair trade practice pursuant to the Unfair Practices Act [Chapter 57, Article 12 NMSA 1978]. B. A prevailing plaintiff in a suit for violation of the Mortgage Foreclosure Consultant Fraud Prevention Act may recover actual damages, reasonable attorney fees and costs and appropriate equitable relief. C. The rights and remedies provided in Subsection A of this section are cumulative to, and not a limitation of, any other rights and remedies provided by law. Any action brought pursuant to this section must be commenced within four years from the date of the alleged violation. D. In addition to any other damages, a court may award exemplary damages up to three times the compensation charged by the foreclosure consultant if the court finds that the foreclosure consultant violated a provision of Section 5 [47-15-5 NMSA 1978] of the Mortgage Foreclosure Consultant Fraud Prevention Act and that the foreclosure consultant's conduct was willful or in bad faith. E. Notwithstanding any other provision of this section, no action may be brought on the basis of a violation of the Mortgage Foreclosure Consultant Fraud Prevention Act, except by an owner against whom the violation was committed or by the attorney general. History: Laws 2010, ch. 58, § 7. ANNOTATIONSEffective dates. — Laws 2010, ch. 58 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2010, 90 days after the adjournment of the legislature. Severability. — Laws 2010, ch. 58 § 9 provided if any provision of the Mortgage Foreclosure Consultant Fraud Prevention Act or the application of any of its provisions to any person or circumstance is held to be unconstitutional and void, the remainder of the Mortgage Foreclosure Consultant Fraud Prevention Act remains valid.
NM Stat § 47-15-8 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 15 - Mortgage Foreclosure Consultant Fraud Prevention|Section 47-15-8 - Penalty.

A person who commits a violation of the provisions of Section 5 [47-15-5 NMSA 1978] of the Mortgage Foreclosure Consultant Fraud Prevention Act is guilty of a fourth degree felony and, upon conviction, shall be sentenced pursuant to Section 31-18-15 NMSA 1978. Each violation of the provisions of Section 5 of the Mortgage Foreclosure Consultant Fraud Prevention Act constitutes a distinct offense. The attorney general or the district attorney for the district in which the violation arose may prosecute any violation of Section 5 of the Mortgage Foreclosure Consultant Fraud Prevention Act. Prosecution or conviction for any violation described in Section 5 of the Mortgage Foreclosure Consultant Fraud Prevention Act does not bar prosecution or conviction for any other offenses. These penalties are cumulative to any other remedies or penalties provided by law. History: Laws 2010, ch. 58, § 8. ANNOTATIONSEffective dates. — Laws 2010, ch. 58 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2010, 90 days after the adjournment of the legislature. Severability. — Laws 2010, ch. 58 § 9 provided if any provision of the Mortgage Foreclosure Consultant Fraud Prevention Act or the application of any of its provisions to any person or circumstance is held to be unconstitutional and void, the remainder of the Mortgage Foreclosure Consultant Fraud Prevention Act remains valid.
NM Stat § 47-16-1 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 16 - Homeowner Association|Section 47-16-1 - Short title.

Chapter 47, Article 16 NMSA 1978 may be cited as the "Homeowner Association Act". History: Laws 2013, ch. 122, § 1; 2015, ch. 104, § 1. ANNOTATIONSCompiler's notes. — Laws 2013, ch. 122, §§ 1 through 14 were erroneously compiled as 47-7E-1 through 47-7E-14 NMSA 1978, and have been recompiled as 47-16-1 through 47-16-14 NMSA 1978 by the compiler. Laws 2013, ch. 122, § 15 formerly appeared as a compiler's note in Chapter 47, Article 7E §§ 1 through 14. The 2015 amendment, effective July 1, 2015, changed the statutory reference of the Homeowner Association Act; and deleted "This act" and added "Chapter 47, Article 16 NMSA 1978".
NM Stat § 47-16-3 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 16 - Homeowner Association|Section 47-16-3 - Creation of a homeowner association.

An association pursuant to the Homeowner Association Act shall be organized in accordance with the laws of the state and be identified in a recorded declaration. The membership of the association shall consist exclusively of all lot owners in the development. History: Laws 2013, ch. 122, § 3. ANNOTATIONSEffective dates. — Laws 2013, ch. 122, § 16 provided that the Homeowner Association Act was effective July 1, 2013. Compiler's notes. — Laws 2013, ch. 122, §§ 1 through 14 were erroneously compiled as 47-7E-1 through 47-7E-14 NMSA 1978, and have been recompiled as 47-16-1 through 47-16-14 NMSA 1978 by the compiler.
NM Stat § 47-16-4 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 16 - Homeowner Association|Section 47-16-4 - Recording or filing of homeowner association notice and declaration.

A. An association organized after July 1, 2013 shall record a notice of homeowner association in the office of the county clerk of the county or counties in which the real property affected thereby is situated no later than thirty days after the date on which the association's declaration is recorded as provided in Section 3 [47-16-3 NMSA 1978] of the Homeowner Association Act. B. An association organized prior to July 1, 2013 shall, before June 30, 2014, record a notice of homeowner association in the office of the county clerk of the county or counties in which the development is situated. C. A notice of homeowner association pursuant to Subsection A or B of this section shall fully and accurately disclose the name and address of the association and any management company charged with preparation of a disclosure certificate and shall contain the recording data for the subdivision plat and the declaration governing the lots within the development. A notice of homeowner association pursuant to Subsection A of this section shall also include the public regulation commission number, if any, of the association. D. If an association fails to record a notice of homeowner association pursuant to this section, the association's authority to charge an assessment, levy a fine for late payment of an assessment or enforce a lien for nonpayment of an assessment shall be suspended until the notice of homeowner association is recorded. History: Laws 2013, ch. 122, § 4. ANNOTATIONSEffective dates. — Laws 2013, ch. 122, § 16 provided that the Homeowner Association Act was effective July 1, 2013. Compiler's notes. — Laws 2013, ch. 122, §§ 1 through 14 were erroneously compiled as 47-7E-1 through 47-7E-14 NMSA 1978, and have been recompiled as 47-16-1 through 47-16-14 NMSA 1978 by the compiler.
NM Stat § 47-16-6 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 16 - Homeowner Association|Section 47-16-6 - Duties of a homeowner association.

A. The association shall exercise any powers conferred to the association in the community documents. B. 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. C. Recording the declaration constitutes notice recorded in the office of the county clerk in the county or counties in which any part of the real property is located and perfection of the lien. D. Upon written request by a lot owner, the association shall furnish a recordable statement setting forth the amount of unpaid assessments against the lot owner's lot. The statement shall be furnished within ten business days after receipt of the request and is binding on the association and the board. History: Laws 2013, ch. 122, § 6. ANNOTATIONSEffective dates. — Laws 2013, ch. 122, § 16 provided that the Homeowner Association Act was effective July 1, 2013. Compiler's notes. — Laws 2013, ch. 122, §§ 1 through 14 were erroneously compiled as 47-7E-1 through 47-7E-14 NMSA 1978, and have been recompiled as 47-16-1 through 47-16-14 NMSA 1978 by the compiler.
NM Stat § 47-16-8.1 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 16 - Homeowner Association|Section 47-16-8.1 - Removal of board members.

Unless a process for removal of board members is provided for in the community documents, the lot owners, by a two-thirds' vote of all lot owners present and entitled to vote at a lot owner meeting at which a quorum is present, may remove a member of the board. History: Laws 2019, ch. 30, § 8. ANNOTATIONSEffective dates. — Laws 2019, ch. 30, § 11 made Laws 2019, ch. 30 effective July 1, 2019.
NM Stat § 47-16-9 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 16 - Homeowner Association|Section 47-16-9 - Proxy and absentee voting; ballot counting.

A. The association shall provide for votes to be cast in person, by absentee ballot or by proxy and may provide for voting by some other form of delivery.B. Vote by proxy is allowed for lot owner meetings. The proxy vote shall:(1) be dated and executed by a lot owner, but if a lot is owned by more than one person, each owner of the lot may vote or register protest to the casting of votes by the other owners of the lot through a duly executed proxy, but in no case shall the total vote cast be more than that allocated to the lot under the declaration;(2) allow for revocation if notice of revocation is provided to the person presiding over a lot owner meeting; and(3) be valid only for the meeting at which it is cast.C. If proxy voting is utilized at a lot owner meeting, a person shall not pay a company or person to collect proxy votes.D. Where directors or officers are to be elected by members, the bylaws may provide that such elections may be conducted by mail.E. Votes cast by proxy and by absentee ballot are valid for the purpose of establishing a quorum.F. Ballots, if used, shall be counted by a neutral third party or by a committee of volunteers. The volunteers shall be selected or appointed at an open meeting, in a fair manner, by the chair of the board or another person presiding during that portion of the meeting. The volunteers shall not be board members and, in the case of a contested election for a board position, shall not be candidates.G. Nothing in this section shall be considered in conflict with or a replacement of voting member councils or representative voting systems created by the community documents.History: Laws 2013, ch. 122, § 9; 2019, ch. 30, § 4. ANNOTATIONSThe 2019 amendment, effective July 1, 2019, clarified that this section shall not be considered in conflict with or a replacement of voting member councils or representative voting systems created by the community documents; and added Subsection G. Compiler's notes. — Laws 2013, ch. 122, §§ 1 through 14 were erroneously compiled as 47-7E-1 through 47-7E-14 NMSA 1978, and have been recompiled as 47-16-1 through 47-16-14 NMSA 1978 by the compiler.
NM Stat § 47-16-10 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 16 - Homeowner Association|Section 47-16-10 - Financial audit.

At least every three years, the board shall provide for a financial audit, review or compilation of the association's records in accordance with generally accepted accounting principles by an independent certified public accountant and shall provide that the cost thereof be assessed as a common expense. The audit, review or compilation shall be made available to lot owners within thirty calendar days of its completion.History: Laws 2013, ch. 122, § 10; 2019, ch. 30, § 5. ANNOTATIONSThe 2019 amendment, effective July 1, 2019, changed the annual audit requirement to every three years; deleted Subsection A, which required an annual financial audit; deleted subsection designation "B"; in the first sentence of the subsection, deleted "Unless otherwise provided in the community documents, in an association managing a development consisting of fewer than one hundred lots, upon a majority vote of all of the lot owners" and added "At least every three years", and after "association's records", added "in accordance with generally accepted accounting principles by an independent certified public accountant".Compiler's notes. — Laws 2013, ch. 122, §§ 1 through 14 were erroneously compiled as 47-7E-1 through 47-7E-14 NMSA 1978, and have been recompiled as 47-16-1 through 47-16-14 NMSA 1978 by the compiler.
NM Stat § 47-16-11 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 16 - Homeowner Association|Section 47-16-11 - Contract disclosure statement or disclosure certificate; right of cancellation of purchase contract.

Except as provided in Section 12 [47-16-12 NMSA 1978] of the Homeowner Association Act, a person selling a lot that is subject to an association shall provide in writing a disclosure certificate that states that the lot is located within a development that is subject to an association. If the lot is located within a development that is subject to an association and the association is subject to the Homeowner Association Act: A. A seller or the seller's agent shall obtain a disclosure certificate from the association and provide it to the purchaser no later than seven days before closing; and B. A purchaser or the purchaser's agent has the right to cancel the purchase contract within seven days after receiving the disclosure certificate. History: Laws 2013, ch. 122, § 11. ANNOTATIONSEffective dates. — Laws 2013, ch. 122, § 16 provided that the Homeowner Association Act was effective July 1, 2013. Compiler's notes. — Laws 2013, ch. 122, §§ 1 through 14 were erroneously compiled as 47-7E-1 through 47-7E-14 NMSA 1978, and have been recompiled as 47-16-1 through 47-16-14 NMSA 1978 by the compiler.
NM Stat § 47-16-13 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 16 - Homeowner Association|Section 47-16-13 - Purchaser's cancellation of a purchase contract.

If a purchaser elects to cancel a purchase pursuant to Section 11 [47-16-11 NMSA 1978] of the Homeowner Association Act, the purchaser may do so by hand delivering notice of the cancellation to the lot owner or by mailing notice of cancellation, by prepaid United States mail, to the lot owner, or to the lot owner's agent for service of process. Cancellation shall be without penalty, and all payments made by the purchaser before cancellation shall be refunded within fifteen days. History: Laws 2013, ch. 122, § 13. ANNOTATIONSEffective dates. — Laws 2013, ch. 122, § 16 provided that the Homeowner Association Act was effective July 1, 2013. Compiler's notes. — Laws 2013, ch. 122, §§ 1 through 14 were erroneously compiled as 47-7E-1 through 47-7E-14 NMSA 1978, and have been recompiled as 47-16-1 through 47-16-14 NMSA 1978 by the compiler.
NM Stat § 47-16-14 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 16 - Homeowner Association|Section 47-16-14 - Attorney fees and costs.

A court may award attorney fees and costs to any party that prevails in a civil action between a lot owner and the association or declarant based upon any provision of the declaration or bylaws; provided that the declaration or bylaws allow at least one party to recover attorney fees or costs. History: Laws 2013, ch. 122, § 14. ANNOTATIONSEffective dates. — Laws 2013, ch. 122, § 16 provided that the Homeowner Association Act was effective July 1, 2013. Compiler's notes. — Laws 2013, ch. 122, §§ 1 through 14 were erroneously compiled as 47-7E-1 through 47-7E-14 NMSA 1978, and have been recompiled as 47-16-1 through 47-16-14 NMSA 1978 by the compiler.
NM Stat § 47-16-15 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 16 - Homeowner Association|Section 47-16-15 - Applicability.

A. Except as provided in Subsection B of this section, the Homeowner Association Act shall apply to all homeowner associations created and existing within this state.B. Sections 47-16-9, 47-16-10 and 47-16-14 NMSA 1978 do not apply to homeowner associations created before July 1, 2013 and that have fewer than thirty lots; provided that any amendment to the community documents of an association created before July 1, 2013 shall comply with the Homeowner Association Act.C. The Homeowner Association Act does not apply to a condominium governed by the Condominium Act [47-7A-1 to 47-7D-20 NMSA 1978]. History: Laws 2013, ch. 122, § 15; 2015, ch. 104, § 3; 2019, ch. 30, § 7. ANNOTATIONSCompiler's notes. — Laws 2013, ch. 122, § 15 formerly appeared as a compiler's note in Chapter 47, Article 7E §§ 1 through 14. The 2019 amendment, effective July 1, 2019, provided that homeowner associations created before July 1, 2013 and have fewer than 30 lots, are exempt from certain provisions of the Homeowner Association Act; in Subsection B, after "July 1, 2013", added "and that have fewer than thirty lots"; and deleted former Subsection C, which provided that certain provisions of the Homeowner Association Act do not invalidate existing provisions of the articles of incorporation, declaration, bylaws or rules of a homeowner association created before July 1, 2013, and redesignated former Subsection D as Subsection C.The 2015 amendment, effective July 1, 2015, provided that the flag flying provision in Section 47-16-16 NMSA 1978 invalidates any related provision existing in the articles of incorporation, declaration, bylaws or rules of a homeowner association created before July 1, 2013; in Subsection B, after "Sections", deleted "9, 10, and 14 of the Homeowner Association Act" and added "47-16-9, 47-16-10 and 47-16-14 NMSA 1978"; in Subsection C, after "Sections", deleted "4 and 8 of the Homeowner Association Act, that" and added "47-16-4 and 47-16-8 NMSA 1978 and Section 2 of this 2015 act, the Homeowner Association".