reglab/housing_qa huggingface dataset:
NM Stat § 47-6-27.1 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 6 - County Subdivisions|Section 47-6-27.1 - Private remedies.

A. Any sale, lease or other conveyance of land within a subdivision subject to the New Mexico Subdivision Act, which subdivision has not been approved by the board of county commissioners, shall be voidable at the option of the purchaser, lessee or other person acquiring an interest in the subdivided land. The purchaser, lessee or other person acquiring an interest in the subdivided land may recover restitution of all money, property or other things paid to or received by the seller, lessor or other conveyor of the subdivided land. The action shall be brought within six years from the time of purchase, lease or other conveyance, in accordance with Section 37-1-3 NMSA 1978. B. Any purchaser, lessee or other person acquiring an interest in the subdivided land who suffers any loss of money or property, real or personal, as a result of any violation of the New Mexico Subdivision Act or any county subdivision regulation may bring an action to recover actual damages. The action shall be brought within six years from the time of purchase, lease or other conveyance, in accordance with Section 37-1-3 NMSA 1978. C. Any purchaser, lessee or other person acquiring an interest in the subdivided land who has purchased, leased or otherwise acquired an interest in land within an approved subdivision may bring an action in district court to compel specific performance of any proposed improvement set forth in a subdivider's disclosure statement or in any document obligating the person signing the document to purchase, lease or otherwise acquire an interest in subdivided land or set forth in any advertising or promotional materials relating to the subdivided land. The action shall be brought within six years from the time of purchase, lease or other conveyance, in accordance with Section 37-1-3 NMSA 1978. D. Costs shall be allowed to the prevailing party unless the court otherwise directs. The court, in its discretion, may award reasonable attorneys' fees to the prevailing party. E. The remedies provided in this section are in addition to remedies otherwise available under common law or other statutes of this state. F. This section shall apply to all purchases, leases or other conveyances of subdivided land in approved or unapproved subdivisions that occur after the effective date of this section. History: 1978 Comp., § 47-6-27.1, enacted by Laws 1981, ch. 148, § 9; 1995, ch. 212, § 30. ANNOTATIONSBracketed material. — The bracketed words "this article" In Subsection A were added by the compiler and are not part of the law. The 1995 amendment, effective July 1, 1996, rewrote the section to such an extent that a detailed comparison would be impracticable. Law reviews. — For annual survey of New Mexico law relating to property, see 12 N.M.L. Rev. 459 (1982). Am. Jur. 2d, A.L.R. and C.J.S. references. — Enforceability, by landowner, of subdivision developer's oral promise to construct or improve roads, 41 A.L.R.4th 573.
NM Stat § 47-6-27.2 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 6 - County Subdivisions|Section 47-6-27.2 - Approval necessary for utility connection.

Any water, sewer, electric or gas utility that connects service to individual parcels within a subdivision, before a final plat for the subdivision has been approved by the board of county commissioners or before the landowner holds a valid building permit, may be fined a civil penalty of up to five hundred dollars ($500) by the board of county commissioners. The board of county commissioners may also require any utility connected in violation of this section to be disconnected. History: Laws 1995, ch. 212, § 25. ANNOTATIONSEffective dates. — Laws 1995, ch. 212, § 34 made Laws 1995, ch. 212, § 25 effective July 1, 1996.
NM Stat § 47-6-28 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 6 - County Subdivisions|Section 47-6-28 - Use of fees.

All fees collected by a county for passing upon subdivision plats shall be deposited in the county general fund. History: 1953 Comp., § 70-5-28, enacted by Laws 1973, ch. 348, § 28.
NM Stat § 47-6-29 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 6 - County Subdivisions|Section 47-6-29 - Jurisdiction.

Nothing in the New Mexico Subdivision Act shall be construed as limiting the municipal extraterritorial subdivision and platting jurisdiction provided for in Sections 3-20-1 through 3-20-15 NMSA 1978. History: 1953 Comp., § 70-5-29, enacted by Laws 1973, ch. 348, § 41; 1979, ch. 172, § 4; 1995, ch. 212, § 31. ANNOTATIONSThe 1995 amendment, effective July 1, 1996, deleted "as presently enforced or as hereafter amended" following "New Mexico Subdivision Act". Severability. — Laws 1995, ch. 212, § 33 provides for the severability of the act if any part or application thereof is held invalid. Temporary provisions. — Laws 1973, ch. 348, § 29A, provided that the New Mexico Subdivision Act applies to subdivision approved after the act's effective date when approval occurs in a county with regulations adopted pursuant to the act. Subsection B provides that 47-6-18 NMSA 1978 applies to sales and leases of subdivided land commencing six months after the act's effective date. Effect of this section is that a plat of a proposed subdivision in an area within a municipality's extraterritorial subdivision and platting jurisdiction must be approved by both the appropriate municipal authority and the appropriate county authority. 1973 Op. Att'y Gen. No. 73-68.
NM Stat § 47-7-1 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 7 - Building Unit Ownership|Section 47-7-1 - Short title.

This act [47-7-1 to 47-7-25, 47-7-26 to 47-7-28 NMSA 1978] may be cited as the "Building Unit Ownership Act." History: 1953 Comp., § 70-4-1, enacted by Laws 1963, ch. 221, § 1; 1975, ch. 318, § 1.
NM Stat § 47-7-3 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 7 - Building Unit Ownership|Section 47-7-3 - Application of act.

The Building Unit Ownership Act shall apply to property, the sole owner or all of the owners of which submit it to the provisions of the act by duly executing and recording a declaration. History: 1953 Comp., § 70-4-3, enacted by Laws 1963, ch. 221, § 3; 1975, ch. 318, § 3. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Condominiums and Cooperative Apartments § 10. 31 C.J.S. Estates § 153 et seq.
NM Stat § 47-7-4 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 7 - Building Unit Ownership|Section 47-7-4 - Status of the units.

Each unit together with its undivided interest in the common areas and facilities, shall constitute real property. History: 1953 Comp., § 70-4-4, enacted by Laws 1963, ch. 221, § 4; 1975, ch. 318, § 4. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Condominiums and Cooperative Apartments §§ 18, 19, 38. 31 C.J.S. Estates § 153 et seq.
NM Stat § 47-7-5 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 7 - Building Unit Ownership|Section 47-7-5 - Ownership of units.

Each unit owner shall be entitled to sole ownership and possession of his unit. History: 1953 Comp., § 70-4-5, enacted by Laws 1963, ch. 221, § 5; 1975, ch. 318, § 5. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Condominiums and Cooperative Apartments §§ 8 to 11. Regulation of time-share or interval ownership interests in real estate, 6 A.L.R.4th 1288. Standing to bring action relating to real property of condominium, 74 A.L.R.4th 165. 31 C.J.S. Estates § 153 et seq.
NM Stat § 47-7-6 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 7 - Building Unit Ownership|Section 47-7-6 - Common areas and facilities.

A. Each unit owner shall be entitled to an undivided interest in the common areas and facilities in the percentage established by the declaration. The percentage shall be computed by taking as a basis the value of the particular unit in relation to the value of the whole property. B. The percentage of the undivided interest of each unit owner in the common areas and facilities as established by the declaration shall be permanent and shall not be altered without the consent of all of the unit owners expressed in an amended declaration duly recorded. The percentage of the undivided interest in the common areas and facilities shall not be separated from the unit to which it is appurtenant and shall be deemed to be conveyed or encumbered with the unit even though the interest is not expressly mentioned or described in a conveyance or other instrument. C. The common areas and facilities shall remain undivided, and no unit owner or any other person shall bring any action for partition or division, unless the property has been removed from the provisions of the Building Unit Ownership Act as provided in Sections 47-7-17 and 47-7-27 NMSA 1978. Any covenant to the contrary is unenforceable. D. Each unit owner may use the common areas and facilities, in accordance with the purpose for which they were intended, without hindering or encroaching upon the lawful rights of the other unit owners. E. The necessary work of maintenance, repair and replacement of the common areas and facilities and the making of any additions or improvements thereto shall be carried out only as provided in the Building Unit Ownership Act and in the bylaws. F. The association of unit owners shall have the irrevocable right, exercisable by the manager or board of directors, of access to each unit from time to time during reasonable hours as may be necessary for the maintenance, repair or replacement of any of the common areas and facilities therein or accessible therefrom, and for making emergency repairs necessary to prevent damage to the common areas and facilities or to another unit. History: 1953 Comp., § 70-4-6, enacted by Laws 1963, ch. 221, § 6; 1975, ch. 318, § 6. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Condominiums and Cooperative Apartments § 9. Validity and construction of condominium association's regulations governing members' use of common facilities, 72 A.L.R.3d 308. 31 C.J.S. Estates § 153 et seq.
NM Stat § 47-7-7 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 7 - Building Unit Ownership|Section 47-7-7 - Compliance with covenants; bylaws; administrative provisions.

Each unit owner shall comply strictly with the bylaws and with the administrative rules and regulations adopted pursuant thereto and shall comply with the covenants, conditions and restrictions set forth in the declaration or in the deed to his unit. Failure to comply shall be grounds for an action to recover sums due, for damages or injunctive relief, or both, maintainable by the manager or board of directors for the use of the association of unit owners or maintainable in a proper case by an aggrieved unit owner. History: 1953 Comp., § 70-4-7, enacted by Laws 1963, ch. 221, § 7; 1975, ch. 318, § 7. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Condominiums and Cooperative Apartments §§ 9, 39. Validity and construction of condominium association's regulations governing members' use of common facilities, 72 A.L.R.3d 308. Use of property for multiple dwellings as violating restrictive covenant permitting property to be used for residential purposes only, 99 A.L.R.3d 985. Enforceability of bylaw or other rule of condominium or cooperative association restricting occupancy by children, 100 A.L.R.3d 241. Validity and construction of regulations of governing body of condominium or cooperative apartment pertaining to parking, 60 A.L.R.5th 647. Change in character of neighborhood as affecting validity or enforceability of restrictive covenant, 76 A.L.R.5th 337. 31 C.J.S. Estates § 153 et seq.
NM Stat § 47-7-8 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 7 - Building Unit Ownership|Section 47-7-8 - Certain work prohibited.

No unit owner shall undertake any work which would jeopardize the soundness or safety of the property, reduce the value or impair an easement or hereditament without the unanimous consent of all the other unit owners. Structural alterations shall not be made by a unit owner to the building or in the water, gas or steam pipes, electric conduits, plumbing or other fixtures connected therewith; nor shall a unit owner remove any additions, improvements or fixtures from the building without the written consent of the board of directors. History: 1953 Comp., § 70-4-8, enacted by Laws 1963, ch. 221, § 8; 1975, ch. 318, § 8. ANNOTATIONSAm. 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 § 47-7-9 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 7 - Building Unit Ownership|Section 47-7-9 - Liens against units; removal from lien; effect of part payment.

A. Subsequent to recording the declaration as provided in the Building Unit Ownership Act, and while the property remains subject to the act, no lien shall arise or be effective against the property. During the period, liens or encumbrances shall only arise or be created against each unit and the percentage of undivided interest in the common areas and facilities, appurtenant to the unit, in the same manner and under the same conditions as liens and encumbrances may arise or be created upon any other parcel of real property subject to individual ownership; provided, however, that no labor performed or materials furnished, with the consent or at the request of a unit owner or his agent or his contractor or subcontractor, shall be the basis for the filing of a lien pursuant to law against the unit or other property of another unit owner not expressly consenting to or requesting the same; except that express consent shall be deemed to be given by the owner of any unit in the case of emergency repairs. Labor performed or materials furnished for the common areas and facilities, if duly authorized by the association of unit owners, the manager or board of directors in accordance with the Building Unit Ownership Act, the declaration or bylaws, shall be deemed to be performed or furnished with the express consent of each unit owner and shall be the basis for the filing of a lien pursuant to law against each of the units. B. In the event a lien is effected against two or more units, the unit owners of the separate units may remove their unit and the percentage of undivided interest in the common areas and facilities appurtenant to the unit from the lien by payment of the fractional or proportional amount attributable to each of the units affected. Individual payment shall be computed by reference to the percentages established by the declaration. Subsequent to payment, discharge or other satisfaction, the unit and the percentage of undivided interest in the appurtenant common areas and facilities shall be released from the lien paid, satisfied or discharged. Partial payment, satisfaction or discharge shall not prevent the lienor from proceeding to enforce his rights against any unit and the percentage of undivided interest in the appurtenant common areas and facilities not released or discharged. History: 1953 Comp., § 70-4-9, enacted by Laws 1963, ch. 221, § 9; 1975, ch. 318, § 9. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Condominiums and Cooperative Apartments §§ 9, 45 to 47.
NM Stat § 47-7-10 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 7 - Building Unit Ownership|Section 47-7-10 - Common profits and expenses.

The common profits of the property shall be distributed among, and the common expenses shall be charged to, each unit owner according to the percentage of his undivided interest in the common areas and facilities. History: 1953 Comp., § 70-4-10, enacted by Laws 1963, ch. 221, § 10; 1975, ch. 318, § 10. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Condominiums and Cooperative Apartments §§ 35, 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 § 47-7-11 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 7 - Building Unit Ownership|Section 47-7-11 - Contents of declaration.

The declaration shall contain: A. a description of the land on which the building and improvements are or will be located; B. a description of the building, stating the number of stories and basements, the number of units and the principal materials of which it is, or will be, constructed; C. the number of each unit, and a statement of its location, approximate area, number of rooms and immediate common area to which it has access, and any other data necessary for its proper identification; D. a description of the common areas and facilities; E. a description of the limited common areas and facilities, stating to which units their use is reserved; F. the value of the property and of each unit, and the percentage of undivided interest in the common areas and facilities appertaining to each unit and its owner for all purposes including voting. In the case of any building consisting of separate units not substantially sharing any common structural elements, the value of each unit shall be computed on the basis of the square footage contained within its exterior dimensions; G. a statement of the purposes for which the building and the units are intended and restricted; H. the name and address of agent for service; I. a provision as to the percentage of votes by the unit owners which shall be determinative of whether to rebuild, repair, restore or sell the property in the event of damage or destruction; J. any further details in connection with the property which the person executing the declaration may deem desirable to set forth consistent with the Building Unit Ownership Act; and K. the method by which the declaration may be amended. History: 1953 Comp., § 70-4-11, enacted by Laws 1963, ch. 221, § 11; 1971, ch. 148, § 1; 1975, ch. 318, § 11. ANNOTATIONSFailure to abide by declaration as fraud. — Where, pursuant to this section, builder prepared a "Declaration of Covenants, Conditions, and Restrictions Relative to Carson-Grande Addition," but, in spite of the stipulations set forth therein, builder never constructed a pool, never activated the homeowners association, did not transfer the common areas to the association, and amended the declaration so as to eliminate the planned construction of a pool, there was sufficient evidence to support the trial court's findings of fact and conclusions of law establishing a pattern of commission and omission amounting to fraud. Register v. Roberson Constr. Co., 1987-NMSC-072, 106 N.M. 243, 741 P.2d 1364. Am. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Condominiums and Cooperative Apartments §§ 14, 15, 33, 57. 31 C.J.S. Estates § 153 et seq.
NM Stat § 47-7-12 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 7 - Building Unit Ownership|Section 47-7-12 - Declaration; apportionment of interest.

The declaration shall specify a method by which the interest attributable to each unit shall be apportioned. The apportionment may be based upon: A. the square or cubic footage in the unit as a percentage of the square or cubic footage in all of the units; B. the value, as that term is defined in the declaration, of the unit as a percentage of the value of all of the units; or C. the unit itself as a percentage of all of the units in the property. The percentage interest shall change if additional units are added after the filing of the declaration. History: 1953 Comp., § 70-4-11.1, enacted by Laws 1975, ch. 318, § 12. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Condominiums and Cooperative Apartments § 33. 31 C.J.S. Estates § 153 et seq.
NM Stat § 47-7-13 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 7 - Building Unit Ownership|Section 47-7-13 - Contents of deeds of units.

Deeds of units shall include: A. a description of the land as provided in Section 47-7-11 NMSA 1978, or the post-office address of the property, including in either case the book, page and date of recording of the declaration; B. any other data necessary for proper identification of that unit; C. a statement of the use for which the unit is intended, and restrictions on its use; D. the percentage of undivided interest appertaining to the unit in the common areas and facilities; and E. any other details which the grantor and grantee may deem desirable to set forth and which shall be consistent with the declaration and the Building Unit Ownership Act. History: 1953 Comp., § 70-4-12, enacted by Laws 1963, ch. 221, § 12; 1975, ch. 318, § 13. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Condominiums and Cooperative Apartments §§ 9, 18. 31 C.J.S. Estates § 153 et seq.
NM Stat § 47-7-14 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 7 - Building Unit Ownership|Section 47-7-14 - Copy of the floor plans to be filed.

Simultaneously with the recording of the declaration, there shall be filed in the office of the county clerk a set of the floor plans of the building showing: A. the layout, location and dimensions of the units, stating the name of the building or that it has no name, and bearing the verified statement of a registered architect or licensed professional engineer certifying that it is an accurate copy of portions of the plans of the building as filed with, and approved by, the governmental subdivision having jurisdiction over the issuance of permits for the construction of buildings; or B. if the building consists of separate units not substantially sharing any common structural elements, the exterior dimensions of the units, their location and the common areas, and bearing the verified statement of a registered architect or licensed professional engineer certifying that it is an accurate copy of portions of the plans of the building as filed with, and approved by, the governmental subdivision having jurisdiction over the approval of plats for real estate. The plans shall be kept by the county clerk in a separate file for each building, indexed in the same manner as a conveyance entitled to record, numbered serially in the order of receipt, each designated "unit ownership," a reference to the book, page and date of recording of the declaration. The record of the declaration shall contain a reference to the file number of the floor plans of the building affected. History: 1953 Comp., § 70-4-13, enacted by Laws 1963, ch. 221, § 13; 1971, ch. 148, § 2; 1975, ch. 318, § 14. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Condominiums and Cooperative Apartments § 15. 31 C.J.S. Estates § 153 et seq.
NM Stat § 47-7-15 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 7 - Building Unit Ownership|Section 47-7-15 - Blanket encumbrances affecting a unit at time of first conveyance.

At the time of the first conveyance of each unit, every blanket encumbrance affecting the unit shall be paid and satisfied of record, or the unit being conveyed shall be released therefrom by partial release duly recorded. History: 1953 Comp., § 70-4-14, enacted by Laws 1963, ch. 221, § 14; 1975, ch. 318, § 15. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Condominiums and Cooperative Apartments § 46. 31 C.J.S. Estates § 153 et seq.