reglab/housing_qa huggingface dataset:
NM Stat § 47-7A-12 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 7A - Condominium Act - General Provisions|Section 47-7A-12 - Unconscionable agreement or term of contract.

A. The court, upon finding as a matter of law that a contract or contract clause was unconscionable at the time the contract was made, may refuse to enforce the contract, enforce the remainder of the contract without the unconscionable clause or limit the application of any unconscionable clause in order to avoid an unconscionable result. B. Whenever it is claimed, or appears to the court, that a contract or any contract clause is or may be unconscionable, the parties, in order to aid the court in making the determination, shall be afforded a reasonable opportunity to present evidence as to unconscionability, including: (1) the commercial setting of the negotiations; (2) whether a party has knowingly taken advantage of the inability of the other party reasonably to protect his interests by reason of physical or mental infirmity, illiteracy or inability to understand the language of the agreement or similar factors; and (3) the effect and purpose of the contract or clause. History: Laws 1982, ch. 27, § 10. ANNOTATIONSCompiler's notes. — This section is similar to § 1-112 of the Uniform Condominium Act, with the following main exception: paragraph (4) of subsection (b) of § 1-112 of the Uniform Condominium Act is not included in the state Condominium Act. COMMISSIONERS' COMMENT This section is similar to § 2-302 of the Uniform Commercial Code [55-2-302 NMSA 1978] and § 1-311 of the Uniform Land Transactions Act. The rationale and comments provided in those sections are equally applicable to this section. Am. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Condominiums and Cooperative Apartments § 22. 31 C.J.S. Estates § 153 et seq.
NM Stat § 47-7A-13 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 7A - Condominium Act - General Provisions|Section 47-7A-13 - Obligation of good faith.

Every contract or duty governed by the Condominium Act imposes an obligation of good faith in its performance or enforcement. History: Laws 1982, ch. 27, § 11. ANNOTATIONSCompiler's notes. — This section is substantially similar to § 1-113 of the Uniform Condominium Act. COMMISSIONERS' COMMENT This section sets forth a basic principle running throughout this act: in condominium transactions, good faith is required in the performance and enforcement of all agreements and duties. Good faith, as used in this act, means observance of two standards, "honesty in fact" and observance of reasonable standards of fair dealing. While the term is not defined, the term is derived from and used in the same manner as in § 1-201 of the Uniform Simplification of Land Transfers Act, and §§ 2-103(i) (b) and 7-404 of the Uniform Commercial Code [55-2-10355-7-404 NMSA 1978]. Am. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Condominiums and Cooperative Apartments § 26.
NM Stat § 47-7A-14 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 7A - Condominium Act - General Provisions|Section 47-7A-14 - Remedies to be liberally administered.

A. The remedies provided by the Condominium Act shall be liberally administered in order that the aggrieved party is placed in as good a position as if the other party had fully performed. However, consequential, special or punitive damages shall not be awarded except as specifically provided in the Condominium Act or by other law. B. Any right or obligation declared by the Condominium Act is enforceable by judicial proceeding. History: Laws 1982, ch. 27, § 12. ANNOTATIONSCompiler's notes. — This section is substantially similar to § 1-114 of the Uniform Condominium Act. Am. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Condominiums and Cooperative Apartments §§ 26, 42. Liability of vendor of condominiums for damage occasioned by defective condition thereof, 50 A.L.R.3d 1071. 31 C.J.S. Estates § 153 et seq.
NM Stat § 47-7B-4 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 7B - Condominium Act - Creation, Alteration and Termination of Condominiums|Section 47-7B-4 - Description of units.

A description of a unit which sets forth the name of the condominium, the recording data for the declaration, the county in which the condominium is located and the identifying number of the unit is a sufficient legal description of that unit and all rights, obligations and interests appurtenant to that unit which were created by the declaration or bylaws. History: Laws 1982, ch. 27, § 16. ANNOTATIONSCompiler's notes. — This section is substantially similar to § 2-104 of the Uniform Condominium Act. COMMISSIONERS' COMMENT 1. The intent of this section is that no description of a unit in a deed, lease, deed of trust, mortgage or any other instrument or document shall be subject to challenge for failure to meet any common law or other requirements so long as the requirements of this section are satisfied, and so long as the declaration itself, together with the plats and plans which are a part of the declaration, provides a legally sufficient description. 2. The last sentence makes clear that an instrument which does meet those requirements includes all interest appurtenant to the unit. As a result, it will not be necessary under this act to continue the practice, common in some jurisdictions, of describing the common element interests, or limited common elements, that are appurtenant to a unit in the instrument conveying title to that unit. Am. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Condominiums and Cooperative Apartments § 18. 31 C.J.S. Estates § 153 et seq.
NM Stat § 47-7B-12 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 7B - Condominium Act - Creation, Alteration and Termination of Condominiums|Section 47-7B-12 - Relocation of boundaries between adjoining units.

A. Subject to the provisions of the declaration and other provisions of law, the boundaries between adjoining units may be relocated by an amendment to the declaration upon application to the association by the owners of those units. If the owners of the adjoining units have specified a reallocation between their units of their allocated interests, the application shall state the proposed reallocations. Unless the executive board determines, within thirty days, that the reallocations are unreasonable, the association shall prepare an amendment that identifies the units involved, states the reallocations, is executed by those unit owners, contains words of conveyance between them and, upon recordation, is indexed in the name of the grantor and the grantee. B. The association shall prepare and record plats or plans necessary to show the altered boundaries between adjoining units and their dimensions and identifying numbers. History: Laws 1982, ch. 27, § 24. ANNOTATIONSCompiler's notes. — This section is substantially similar to § 2-112 of the Uniform Condominium Act. COMMISSIONERS' COMMENT 1. This section changes the effect of most current condominium statutes, under which the boundaries between units may not be altered without unanimous or nearly unanimous consent of the unit owners. As the section makes clear, this result may be varied by the restrictions in the declaration. 2. This section contemplates that, upon relocation of the unit boundaries, no reallocation of allocated interests will occur if none is specified in the application. If a reallocation is specified but the executive board deems it unreasonable, then the applicants have the choice of resubmitting the application with a reallocation more acceptable to the board, or going to court to challenge the board's finding as unreasonable. Am. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Condominiums and Cooperative Apartments §§ 14, 15, 38, 41. 31 C.J.S. Estates § 153 et seq.
NM Stat § 47-7B-13 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 7B - Condominium Act - Creation, Alteration and Termination of Condominiums|Section 47-7B-13 - Subdivision of units.

A. If the declaration expressly so permits, a unit may be subdivided into two or more units. Subject to the provisions of the declaration and other provisions of law, upon application of a unit owner to subdivide a unit, the association shall prepare, execute and record an amendment to the declaration, including the plats and plans, subdividing that unit. B. The amendment to the declaration must be executed by the owner of the unit to be subdivided, assign an identifying number to each unit created and reallocate the allocated interests formerly allocated to the subdivided unit to the new units in any reasonable manner prescribed by the owner of the subdivided unit. History: Laws 1982, ch. 27, § 25. ANNOTATIONSCompiler's notes. — This section is substantially similar to § 2-113 of the Uniform Condominium Act. COMMISSIONERS' COMMENT 1. This section provides for subdivision of units by unit owners, thereby creating more and smaller units than were originally created. The underlying policy of this section is that the original development plan of the project must be followed, and the expectations of unit owners realized. Accordingly, unless subdivision of the units is expressly permitted by the original declaration, a unit may not be subdivided into two or more units unless the declaration is amended to permit it. A subdivision itself is accomplished by an amendment to the declaration. 2. At the same time, situations will often occur where future subdivision is appropriate, and this section permits the declaration to provide for it. Most state statutes do not presently provide for subdivision of units. An analogous concept in the context of development rights is subdivision of units by a declarant. The development right is described in § 2-110 [47-7B-10 NMSA 1978]. Am. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Condominiums and Cooperative Apartments §§ 38, 39, 41. 31 C.J.S. Estates § 153 et seq.
NM Stat § 47-7B-14 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 7B - Condominium Act - Creation, Alteration and Termination of Condominiums|Section 47-7B-14 - Easement for encroachments.

To the extent that any unit or common element encroaches on any other unit or common element, a valid easement for the encroachment exists. The easement does not relieve a unit owner of liability in case of his willful misconduct nor relieve a declarant or any other person of liability for failure to adhere to the plats and plans. History: Laws 1982, ch. 27, § 26. ANNOTATIONSCompiler's notes. — This section is substantially similar to § 2-114 [Alternative A] of the Uniform Condominium Act. COMMISSIONERS' COMMENT Two approaches are presented here as alternatives, since uniformity on this issue is not essential, and various states have adopted one approach or the other. Both theories recognize the fact that the actual physical boundaries may differ somewhat from what is shown on the plats and plans, and the practical effect of both is the same. The easement approach of Alternative A creates easements for whatever discrepancies may arise, while the "monuments as boundaries" approach of Alternative B would make the title lines move to follow movement of the physical boundaries caused by such discrepancies or subsequent setting or shifting. Am. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Condominiums and Cooperative Apartments §§ 15, 38. 31 C.J.S. Estates § 153 et seq.
NM Stat § 47-7B-15 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 7B - Condominium Act - Creation, Alteration and Termination of Condominiums|Section 47-7B-15 - Use for sales purposes.

A declarant may maintain sales offices, management offices and models in units or on common elements in the condominium if the declaration so provides. Subject to any limitations in the declaration, a declarant may maintain signs on the common elements advertising the condominium. The provisions of this section are subject to the provisions of other state law and to local ordinances. History: Laws 1982, ch. 27, § 27. ANNOTATIONSCompiler's notes. — This section is similar to § 2-115 of the Uniform Condominium Act, with the following main exceptions: this section of the state Condominium Act deletes "only" which appears after "condominium" in § 2-115 of the Uniform Condominium Act; this section deletes "and specifies the rights of a declarant with regard to the number, size, location, and relocation thereof," which appears after "provides" in the first sentence of § 2-115 of the Uniform Condominium Act; this section deletes the entire second sentence of § 2-115 as it appears in the Uniform Condominium Act, which deals with the designation of sales offices by the declaration. COMMISSIONERS' COMMENT 1. This section prescribes the circumstances under which portions of the condominium - either units or common elements - may be used for sales offices, management offices or models. The basic requirements is that the declarant must describe his rights to maintain such offices in the declaration. There are no limitations on that right, so that either units owned by the declarant or other persons, or the common elements themselves, may be used for that purpose. Typical common element uses might include a sales booth in the lobby of the building, or a trailer or temporary building located outside the buildings on the grounds of the property. 2. In addition, this section contains a permissive provision permitting advertising on the common elements. The declarant may choose to limit his rights in terms of the size, location or other matters affecting the advertising. The act, however, imposes no limitation. At the same time, the last sentence of the section recognizes that state or local zoning or other laws may limit advertising, both in terms of size and content of the advertising, or the use of the units or common elements for such purposes. This section makes it clear that local law would apply in those cases. Am. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Condominiums and Cooperative Apartments §§ 14, 26 to 29. 31 C.J.S. Estates § 153 et seq.
NM Stat § 47-7B-16 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 7B - Condominium Act - Creation, Alteration and Termination of Condominiums|Section 47-7B-16 - Easement rights.

Subject to the provisions of the declaration, a declarant has an easement through the common elements as may be reasonably necessary for the purpose of discharging a declarant's obligations or exercising special declarant rights, whether arising under the Condominium Act or reserved in the declaration. History: Laws 1982, ch. 27, § 28. ANNOTATIONSCompiler's notes. — This section is substantially similar to § 2-116 of the Uniform Condominium Act. COMMISSIONERS' COMMENT 1. This section grants to declarant an easement across the common elements, subject to any self-imposed restrictions on that easement contained in the declaration. At the same time, the easement is not an easement for all purposes and under all circumstances, but only a grant of such rights as may be reasonably necessary for the purpose of exercising the declarant's rights. Thus, for example, if other access were equally available to the land where new units are being created, which did not require the declarant's construction equipment to pass and repass over the common elements in a manner which significantly inconvenienced the unit owners, a court might apply the "reasonably necessary" test contained in this section to consider limitations on the declarant's easement. The rights granted by this section may be enlarged by a specific reservation in the declaration. 2. The declarant is also required to repair and restore any portion of the condominium used for the easement granted under this section. See § 4-119(b) [47-7D-19B NMSA 1978]. Am. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Condominiums and Cooperative Apartments §§ 14, 26, 34. Proper party plaintiff in action for injury to common areas of condominium development, 69 A.L.R.3d 1148. 31 C.J.S. Estates § 153 et seq.
NM Stat § 47-7C-1 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 7C - Condominium Act - Management of Condominium|Section 47-7C-1 - Organization of unit owners' association.

A unit owners' association shall be organized no later than the date the first unit in the condominium is conveyed. The membership of the association at all times shall consist exclusively of all the unit owners or, following termination of the condominium, of all former unit owners entitled to distributions of proceeds under Section 30 [47-7B-18 NMSA 1978] of the Condominium Act or their heirs, successors or assigns. The association shall be organized as a profit or nonprofit corporation or as an unincorporated association. History: Laws 1982, ch. 27, § 34. ANNOTATIONSCompiler's notes. — This section is substantially similar to § 3-101 of the Uniform Condominium Act. COMMISSIONERS' COMMENT 1. The first purchaser of a unit is entitled to have in place the legal structure of the unit owners' association. The existence of the structure clarifies the relationship between the developer and other unit owners and makes it easy for the developer to involve unit owners in the governance of the condominium even during a period of declarant control reserved pursuant to § 3103(d) [47-7C-3D NMSA 1978]. 2. The bracketed language preserves the flexibility existing under the vast majority of present condominium statutes to organize the association as a profit or non-profit corporation or as an unincorporated association. Although at least one state (Georgia) requires the organization of the association in corporate form, it is not desirable to mandate this result in a uniform act. If a state wishes to mandate incorporation, it should delete the bracketed language. Am. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Condominiums and Cooperative Apartments §§ 13 to 16, 28. Construction of contractual or state regulatory provisions respecting formation, composition and powers of governing body of condominium association, 13 A.L.R.4th 598. 31 C.J.S. Estates § 153 et seq.
NM Stat § 47-7C-6 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 7C - Condominium Act - Management of Condominium|Section 47-7C-6 - Bylaws.

A. The bylaws of the association shall provide for: (1) the number of members of the executive board and the titles of the officers of the association; (2) election by the executive board of a president, treasurer, secretary and any other officers of the association the bylaws specify; (3) the qualifications, powers and duties, terms of office and manner of electing and removing executive board members and officers and filling vacancies; (4) which, if any, of its powers the executive board or officers may delegate to other persons or to a managing agent; (5) which of its officers may prepare, execute, certify and record amendments to the declaration on behalf of the association; and (6) the method of amending the bylaws. B. Subject to the provisions of the declaration, the bylaws may provide for any other matters the association deems necessary and appropriate. History: Laws 1982, ch. 27, § 39. ANNOTATIONSCompiler's notes. — This section is substantially similar to § 3-106 of the Uniform Condominium Act. COMMISSIONERS' COMMENT 1. Because the act does not require the recordation of bylaws, it is contemplated that unrecorded bylaws will set forth only matters relating to the internal operations of the association and various "housekeeping" matters with respect to the condominium. The act requires specific matters to be set forth in the recorded declaration and not in the bylaws, unless the bylaws are to be recorded as an exhibit to the declaration. 2. The requirement, set forth in subsection (a)(5) [Subsection A(5)], that the bylaws designate which of the officers of the association has the responsibility to prepare, execute, certify and record amendments to the declaration reflects the obligation imposed upon the association by several provisions of this act to record such amendments in certain circumstances. These provisions include § 1-107 [47-7A-7 NMSA 1978] (Eminent Domain), § 2-106 [47-7B-6 NMSA 1978] (expiration of certain leases), § 2-112 [47-7B-12 NMSA 1978] (Relocation of Boundaries Between Adjoining Units), and § 2-113 [47-7B-13 NMSA 1978] (subdivision or conversion of units). Section 2-117(e) [47-7B-17E NMSA 1978] provides that, if no officer is designated for this purpose, it shall be the duty of the president. Am. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Condominiums and Cooperative Apartments §§ 16, 17. Validity and construction of condominium association's regulations governing members' use of common facilities, 72 A.L.R.3d 308. Enforceability of bylaw or other rule of condominium or cooperative association restricting occupancy by children, 100 A.L.R.3d 241. Validity, construction, and application of statutes, or of condominium association's by laws or regulations, restricting number of units that may be owned by single individual or entity, 39 A.L.R.4th 88. Validity and construction of condominium bylaws or regulations placing special regulations, burdens, or restrictions on nonresident unit owners, 76 A.L.R.4th 295. 31 C.J.S. Estates § 153 et seq.
NM Stat § 47-7C-8 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 7C - Condominium Act - Management of Condominium|Section 47-7C-8 - Meetings.

A meeting of the association shall be held at least once each year. Special meetings of the association may be called by the president, a majority of the executive board or by unit owners having twenty percent, or any lower percentage specified in the bylaws, of the votes in the association. Not less than ten days nor more than sixty days in advance of any meeting, the secretary or other officer specified in the bylaws shall cause notice to be hand-delivered or sent prepaid by United States mail to the mailing address of each unit or to any other mailing address designated in writing by the unit owner. The notice of any meeting shall state the time and place of the meeting and the items on the agenda, including the general nature of any proposed amendment to the declaration or bylaws, any budget changes and any proposal to remove a director or officer. History: Laws 1982, ch. 27, § 41. ANNOTATIONSCompiler's notes. — This section is substantially similar to § 3-108 of the Uniform Condominium Act. Am. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Condominiums and Cooperative Apartments §§ 14, 16. 31 C.J.S. Estates § 153 et seq.
NM Stat § 47-7C-9 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 7C - Condominium Act - Management of Condominium|Section 47-7C-9 - Quorums.

A. Unless the bylaws provide otherwise, a quorum is present throughout any meeting of the association if persons entitled to cast twenty percent of the votes which may be cast for election of the executive board are present in person or by proxy at the beginning of the meeting. B. Unless the bylaws specify a larger percentage, a quorum is deemed present throughout any meeting of the executive board if persons entitled to cast fifty percent of the votes on that board are present at the beginning of the meeting. History: Laws 1982, ch. 27, § 42. ANNOTATIONSCompiler's notes. — This section is substantially similar to § 3-109 of the Uniform Condominium Act. COMMISSIONERS' COMMENT Mandatory quorum requirements lower than 50 percent for meetings of the association are often justified because of the common difficulty of inducing unit owners to attend meetings. The problem is particularly acute in the case of resort condominiums where many owners may reside elsewhere, often at considerable distances, for most of the year. Am. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Condominiums and Cooperative Apartments §§ 14, 16. 31 C.J.S. Estates § 153 et seq.