reglab/housing_qa huggingface dataset:
NM Stat § 47-7-16 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 7 - Building Unit Ownership|Section 47-7-16 - Recording.

A. The declaration, any amendment thereof, any instrument by which the provisions of the Building Unit Ownership Act may be waived and every instrument affecting the property or any unit shall be entitled to be recorded. Neither the declaration nor any amendment thereof shall be valid unless duly recorded. B. In addition to the records and indexes required to be maintained by the county clerk, the county clerk shall maintain an index whereby the record of each conveyance of a unit affected by the declaration, and the record of each conveyance of a unit contains a reference to the declaration of the building of which the unit is a part. History: 1953 Comp., § 70-4-15, enacted by Laws 1963, ch. 221, § 15; 1975, ch. 318, § 16. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Condominiums and Cooperative Apartments §§ 15 to 18. 31 C.J.S. Estates § 153 et seq.
NM Stat § 47-7-17 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 7 - Building Unit Ownership|Section 47-7-17 - Removal from provisions of the Building Unit Ownership Act.

A. All unit owners may remove a property from the provisions of the Building Unit Ownership Act by an instrument to that effect, duly recorded; provided that the holders of liens affecting any unit shall consent or agree by instrument duly recorded, provided that their liens be transferred to the percentage of the undivided interest of the debtor unit owner in the property as hereinbefore provided. B. Upon removal of the property from the provisions of the Building Unit Ownership Act, the property shall be deemed to be owned in common by the unit owners. The undivided interest in the property owned in common which shall appertain to each unit owner shall be the percentage of undivided interest previously owned by an owner in the common areas and facilities. History: 1953 Comp., § 70-4-16, enacted by Laws 1963, ch. 221, § 16; 1975, ch. 318, § 17. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Condominiums and Cooperative Apartments § 52.
NM Stat § 47-7-18 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 7 - Building Unit Ownership|Section 47-7-18 - Removal no bar to subsequent resubmission.

The removal provided in Section 47-7-17 NMSA 1978 shall not bar the subsequent resubmission of the property to the provisions of the Building Unit Ownership Act. History: 1953 Comp., § 70-4-17, enacted by Laws 1963, ch. 221, § 17; 1975, ch. 318, § 18. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Condominiums and Cooperative Apartments § 52.
NM Stat § 47-7-19 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 7 - Building Unit Ownership|Section 47-7-19 - Bylaws.

The administration of every property shall be governed by bylaws, a true copy of which shall be annexed to the declaration and shall be a part thereof. No modification of or amendment to the bylaws shall be valid unless set forth in an amendment to the declaration and the amendment be duly recorded. History: 1953 Comp., § 70-4-18, enacted by Laws 1963, ch. 221, § 18; 1975, ch. 318, § 19. ANNOTATIONSLaw reviews. — For article, "Child Welfare Under the Indian Child Welfare Act of 1978: A New Mexico Focus," see 10 N.M.L. Rev. 413 (1980). Am. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Condominiums and Cooperative Apartments §§ 13, 15 to 17. 31 C.J.S. Estates § 153 et seq.
NM Stat § 47-7-20 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 7 - Building Unit Ownership|Section 47-7-20 - Contents of bylaws.

The bylaws may provide for: A. the election from among the unit owners of a board of directors, the number of persons constituting the board, and that the terms of at least one-third of the directors shall expire annually; the powers and duties of the board; the compensation of the directors; and the authority of the board to engage the services of a manager or managing agent; B. the method of calling meetings of the unit owners; what number of unit owners shall constitute a quorum; C. the election of a president from among the board of directors who shall preside over the meetings of the board of directors and of the association of unit owners; D. the election of a secretary who shall keep the minute book in which resolutions shall be recorded; E. the election of a treasurer who shall keep the financial records and books of account; F. the maintenance, repair and replacement of the method of approving payment vouchers; G. the manner of collecting from each unit owner his share of the common expenses; H. the designation and removal of personnel necessary for the maintenance, repair and replacement of the common areas and facilities; designation, and any changes, of agent for process; I. the method of adopting and of amending administrative rules and regulations governing the details of the operation and the use of the common areas and facilities; J. the restrictions on and requirements of the use and maintenance of the units and the use of the common areas and facilities, not set forth in the declaration, which are designed to prevent unreasonable interference with the use of units and of the common areas and facilities by the several unit owners; K. a method by which the manager, the board of directors or the association of unit owners may lease or rent unsold units; provided, that nothing in the Building Unit Ownership Act shall be construed to prevent the lease or rental of unsold units by the proper authorities before bylaws are adopted or before the declaration is executed; L. the percentage of votes required to amend the bylaws; and M. other provisions as may be deemed necessary for the administration of the property consistent with the Building Unit Ownership Act. History: 1953 Comp., § 70-4-19, enacted by Laws 1963, ch. 221, § 19; 1975, ch. 318, § 20. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Condominiums and Cooperative Apartments §§ 9, 13, 15 to 17, 22, 28 to 31, 34, 36 to 39. Validity and construction of regulations of governing body of condominium or cooperative apartment pertaining to parking, 60 A.L.R.5th 647. 31 C.J.S. Estates § 153 et seq.
NM Stat § 47-7-21 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 7 - Building Unit Ownership|Section 47-7-21 - Books of receipts and expenditures; availability for examination.

The manager or board of directors, shall keep detailed, accurate records in chronological order, of the receipts and expenditures affecting the common areas and facilities, specifying and itemizing the maintenance and repair expenses of the common areas and facilities and any other expenses incurred. The records and the vouchers authorizing payments shall be available for examination by any unit owner at convenient hours of weekdays. History: 1953 Comp., § 70-4-20, enacted by Laws 1963, ch. 221, § 20; 1975, ch. 318, § 21. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Condominiums and Cooperative Apartments §§ 16, 29. 31 C.J.S. Estates § 153 et seq.
NM Stat § 47-7-22 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 7 - Building Unit Ownership|Section 47-7-22 - Waiver of use of common areas and facilities; abandonment of unit.

No unit owner may exempt himself from liability for his contribution toward the common expenses by waiver of the use or enjoyment of any of the common areas and facilities or by abandonment of his unit. History: 1953 Comp., § 70-4-21, enacted by Laws 1963, ch. 221, § 21; 1975, ch. 318, § 22. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Condominiums and Cooperative Apartments § 36. Expenses for which condominium association may assess unit owners, 77 A.L.R.3d 1290. 31 C.J.S. Estates § 153 et seq.
NM Stat § 47-7-23 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 7 - Building Unit Ownership|Section 47-7-23 - Taxation.

The association of unit owners shall elect whether: A. the entire property shall be deemed a single parcel for the purposes of assessment and taxation, in which event the association shall promptly notify the unit owners of the payment of the taxes. For purposes of assessment or valuation and taxation under this paragraph, the association shall be deemed to be the owner as defined in Section 7-35-2 NMSA 1978; or B. each unit and its percentage of undivided interest in the common areas and facilities shall be deemed to be a parcel and shall be subject to separate assessment and taxation by each assessing unit and special district for all types of taxes authorized by law, including ad valorem levies and special assessments. History: 1953 Comp., § 70-4-22, enacted by Laws 1963, ch. 221, § 22; 1975, ch. 318, § 23. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Condominiums and Cooperative Apartments §§ 5, 9, 29, 48 to 50. Real estate taxation of condominiums, 71 A.L.R.3d 952. 31 C.J.S. Estates § 153 et seq.
NM Stat § 47-7-24 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 7 - Building Unit Ownership|Section 47-7-24 - Priority of lien.

A. All sums, assessed by the association of unit owners but unpaid, for the share of the common expenses chargeable to any unit shall constitute a lien on the unit prior to all other liens except: (1) tax liens on the unit in favor of any assessing unit and special district; and (2) all sums unpaid on a first mortgage of record. The lien may be foreclosed by suit by the manager or board of directors, acting on behalf of the unit owners, in like manner as a foreclosure of mortgage or real property. In any foreclosure the unit owner shall be required to pay a reasonable rental for the unit if so provided in the bylaws, and the plaintiff in the foreclosure shall be entitled to the appointment of a receiver to collect the rent paid. The manager or board of directors, acting on behalf of the unit owners shall have power, unless prohibited by the declaration, to bid on the unit at foreclosure sale, and to acquire and hold, lease, mortgage and convey. Suit to recover a money judgment for unpaid common expenses shall be maintainable without foreclosing or waiving the lien securing the same. B. Where the mortgagee of a first mortgage of record or other purchaser of a unit obtains title to the unit as a result of foreclosure of mortgage, the acquirer of title, his successors and assigns, shall not be liable for the share of the common expenses or assessments by the association of unit owners chargeable to the unit which became due prior to the acquisition of title to the unit by the acquirer. The unpaid share of common expenses or assessments shall be deemed to be common expenses collectible from all of the unit owners including the acquirer, his successors and assigns. History: 1953 Comp., § 70-4-23, enacted by Laws 1963, ch. 221, § 23; 1975, ch. 318, § 24. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Condominiums and Cooperative Apartments § 37. 31 C.J.S. Estates § 153 et seq.
NM Stat § 47-7-25 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 7 - Building Unit Ownership|Section 47-7-25 - Joint and several liability of grantor and grantee for unpaid common expenses.

In a voluntary conveyance the grantee of a unit shall be jointly and severally liable with the grantor for all unpaid assessments against the grantor for his share of the common expenses to the time of grant or conveyance, without prejudice to the grantee's right to recover from the grantor the amounts paid by the grantee. However, any grantee shall be entitled to a statement from the manager or board of directors, setting forth the amount of the unpaid assessments against the grantor and the grantee shall not be liable for, nor shall the unit conveyed by [be] subject to a lien for, any unpaid assessments against the grantor in excess of the amount therein set forth. History: 1953 Comp., § 70-4-24, enacted by Laws 1963, ch. 221, § 24; 1975, ch. 318, § 25. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Am. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Condominiums and Cooperative Apartments § 37. Expenses for which condominium association may assess unit owners, 77 A.L.R.3d 1290. 31 C.J.S. Estates § 153 et seq.
NM Stat § 47-7-25.1 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 7 - Building Unit Ownership|Section 47-7-25.1 - Merger or consolidation of condominiums.

A. By agreement of the unit owners, any two or more condominiums may be merged or consolidated into a single condominium. Unless the agreement provides otherwise, the combined condominium is, for all purposes, the legal successor to the preexisting condominiums. The associations of the preexisting condominiums shall also be merged or consolidated into a single association which shall hold all powers, rights, obligations, assets and liabilities of the preexisting associations. B. An agreement of two or more condominiums to merge or consolidate pursuant to Subsection A of this section shall be evidenced by an agreement prepared, executed, recorded and certified by the president of the association of each of the preexisting condominiums following approval by owners of units to which are allocated the precentage [percentage] of votes in each condominium required to terminate that condominium. Any such agreement shall be recorded in each county in which a portion of the condominium is located and is not effective until recorded. C. Every merger or consolidation agreement shall provide for the reallocation of the allocated interests in the new association among the units of the resultant condominium either by stating the reallocations or the formulas upon which they are based or by stating the percentage of overall allocated interests of the new condominium which are [is] allocated to all of the units comprising each of the preexisting condominiums; providing that the portion of the percentages allocated to each unit formerly comprising a part of the preexisting condominium shall be equal to the percentages of allocated interests allocated to that unit by the declaration of the preexisting condominium. History: 1978 Comp., § 47-7-25.1, enacted by Laws 1981, ch. 282, § 2. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 47-7-26 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 7 - Building Unit Ownership|Section 47-7-26 - Actions.

Without limiting the rights of any unit owner, actions may be brought by the manager or board of directors, in either case in the discretion of the board of directors, on behalf of two or more of the unit owners, as their respective interests may appear, with respect to any claim relating to the common areas and facilities or more than one unit. Service of process on two or more unit owners in any action relating to the common areas and facilities or more than one unit may be made on the person designated in the declaration to receive service of process. History: 1953 Comp., § 70-4-25, enacted by Laws 1963, ch. 221, § 25; 1975, ch. 318, § 26. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Condominiums and Cooperative Apartments §§ 57, 58. Proper party plaintiff in action for injury to common areas of condominium development, 69 A.L.R.3d 1148. Standing to bring action relating to title in real property of condominium, 74 A.L.R.4th 165. 31 C.J.S. Estates § 153 et seq.
NM Stat § 47-7-27 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 7 - Building Unit Ownership|Section 47-7-27 - Personal application.

A. All unit owners, tenants of owners, employees of owners and tenants, or any other persons that may in any manner use property or any part thereof submitted to the provisions of the Building Unit Ownership Act shall be subject to the act and to the declaration and bylaws of the association of unit owners adopted pursuant to the provisions of the act. B. All agreements, decisions and determinations lawfully made by the association of unit owners in accordance with the voting percentages established in the Building Unit Ownership Act, declaration or bylaws, shall be deemed to be binding on all unit owners. History: 1953 Comp., § 70-4-26, enacted by Laws 1963, ch. 221, § 26; 1975, ch. 318, § 27. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Condominiums and Cooperative Apartments § 16. 31 C.J.S. Estates § 153 et seq.
NM Stat § 47-7-28 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 7 - Building Unit Ownership|Section 47-7-28 - Insurance.

A. The manager or the board of directors if required by the declaration, bylaws or by a majority of the unit owners shall insure the property against the risks and under the terms required. The insurance coverage shall be written in the name of the manager, board of directors or the association of unit owners as trustees for each unit owner in the percentage established in the declaration. Insurance premiums shall be common expenses. The requirement of common insurance coverage shall not prejudice the right of each unit owner to insure separately his own unit. B. In the case of fire or other disaster, the insurance indemnity shall be applied to reconstruct the building unless the damage comprises more than two-thirds of the building, in which case the indemnity may be delivered pro rata to the co-owners in accordance with the decision of three-fourths of the co-owners. History: 1953 Comp., § 70-4-27, enacted by Laws 1963, ch. 221, § 27; 1975, ch. 318, § 28. ANNOTATIONSSeverability. — Laws 1975, ch. 318, § 29, provided for the severability of the act if any part or application was held invalid. Am. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Condominiums and Cooperative Apartments §§ 5, 29, 30, 44, 54, 55. 31 C.J.S. Estates § 153 et seq.
NM Stat § 47-7A-6 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 7A - Condominium Act - General Provisions|Section 47-7A-6 - Applicability of local ordinances, regulations and building codes.

No provision of the Condominium Act invalidates or modifies any provision of any zoning, subdivision, building code or other real estate use law, ordinance or regulation; provided, however, a zoning, subdivision, building code or other real estate use law, ordinance or regulation may not prohibit the condominium form of ownership or impose any requirement upon a condominium which it would not impose upon the same development under a different form of ownership. History: Laws 1982, ch. 27, § 5. ANNOTATIONSCompiler's notes. — This section is substantially similar to § 1-106 of the Uniform Condominium Act. COMMISSIONERS' COMMENT 1. The first sentence of this section prohibits discrimination against condominiums by local law-making authorities. Thus, if a local law, ordinance or regulation imposes a requirement which cannot be met if property is subdivided as a condominium but which would not be violated if all of the property constituting the condominium were owned by a single owner, this section makes it unlawful to apply that requirement or restriction to the condominium. For example, in the case of a high-rise apartment building, if a local requirement imposing a minimum number of parking spaces per apartment would not prevent a rental apartment building from being built, this act would override any requirement that might impose a higher number of spaces per apartment merely by virtue of the same building being owned as a condominium. 2. The second sentence makes clear that, except for the prohibition on discrimination against condominiums, the act has no effect on real estate use laws. For example, a particular piece of real estate submitted to the condominium form of ownership might be of such size that all of the real estate is required to support a proposed density of units or to satisfy minimum setback requirements. Under this act, part of the submitted real estate might be subject to a development right entitling the declarant to withdraw it from the condominium, but the mere reservation of this right would not constitute a subdivision of the parcel into separate ownership. If a declarant or foreclosing lender at a later time sought to exercise the option to withdraw the real estate, however, withdrawal would constitute a subdivision and would be illegal if the effect of withdrawal would be to violate setback requirements, or to exceed the density of units permitted on the remaining parcel. Am. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Condominiums and Cooperative Apartments §§ 23 to 25. Erection of condominium as violation of restrictive covenant forbidding erection of apartment houses, 65 A.L.R.3d 1212. Zoning or building regulations as applied to condominiums, 71 A.L.R.3d 866. 31 C.J.S. Estates § 153 et seq.; 62 C.J.S. Municipal Corporations § 106.
NM Stat § 47-7A-8 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 7A - Condominium Act - General Provisions|Section 47-7A-8 - Supplemental general principles of law applicable.

Except to the extent inconsistent with the Condominium Act, the principles of law and equity, including the law of corporations, the law of real property and the law relative to capacity to contract, principal and agent, eminent domain, estoppel, fraud, misrepresentation, duress, coercion, mistake, receivership, substantial performance or other validating or invalidating cause supplement the provisions of that act. History: Laws 1982, ch. 27, § 7. ANNOTATIONSCompiler's notes. — This section is substantially similar to § 1-108 of the Uniform Condominium Act. COMMISSIONERS' COMMENT 1. This act displaces existing law relating to condominiums and other law only as stated by specific sections and by reasonable implication therefrom. Moreover, unless specifically displaced by this statute, common-law rights are retained. The listing given in this section is merely an illustration: no listing could be exhaustive. 2. The bracketed language concerning unincorporated associations should be deleted in the event the enacting state requires incorporation of a unit owners' association. See the parallel language contained in § 3-101 [47-7C-1 NMSA 1978]. Am. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Condominiums and Cooperative Apartments §§ 9, 11. Erection of condominium as violation of restrictive covenant forbidding erection of apartment houses, 65 A.L.R.3d 1212. 31 C.J.S. Estates § 153 et seq.
NM Stat § 47-7A-9 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 7A - Condominium Act - General Provisions|Section 47-7A-9 - Construction against implicit repeal, amendment or expansion.

The Condominium Act is a general act intended as a unified coverage of its subject matter; no part of it shall be deemed impliedly repealed, amended or expanded by subsequent legislation if that construction can reasonably be avoided. History: Laws 1982, ch. 27, § 8. ANNOTATIONSCompiler's notes. — This section is similar to § 1-109 of the Uniform Condominium Act, with the following main exception: the language of § 1-109 of the Uniform Condominium Act does not include "amended or expanded" following "impliedly repealed." COMMISSIONERS' COMMENT This section derives from § 1-104 of the Uniform Commercial Code [55-1-104 NMSA 1978]. Am. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Condominiums and Cooperative Apartments § 9. 31 C.J.S. Estates § 153 et seq.
NM Stat § 47-7A-11 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 7A - Condominium Act - General Provisions|Section 47-7A-11 - Severability.

If any part or application of the Condominium Act is held invalid, the remainder, or its application to other situations or persons, shall not be affected. History: Laws 1982, ch. 27, § 9. ANNOTATIONSCompiler's notes. — This section is substantially similar to § 1-111 of the Uniform Condominium Act. Am. Jur. 2d, A.L.R. and C.J.S. references. — 73 Am. Jur. 2d Statutes §§ 191, 383. 82 C.J.S. Statutes §§ 92 to 94.